June 28, 2008

Review of AMANDA system notes, request for public hearing before Public Works Commission

----- Original Message -----
Sent: Saturday, June 28, 2008 9:25 AM
Subject: review of Amanda notes re: 142738 and 167603, and request for appeal

Gene,

Please note the following regarding Code Enforcement staff notes in the Amanda system, with reference to Municipal Code and Code Enforcement Protocol; request to appeal to the Board of Appeals.

~June 15, 2006. Tim Ahern. "While investigating a zoning violation at 22 Appletree Lane..." Tim was investigating tree removal at nearby property, 70 Appletree Point Lane, I believe, not 22 Appletree [Point] Lane, which is my property. Tim looked at the abandoned swimming pool at my request.

~April 1, 2008 re: March 24, 2008 complaint. I explained when I called that I was referring to inaction on neglect of the property the previous year and that I hoped the pool could be drained this year, before mosquito season; that excess vegetation and fallen trees/limbs could be removed in the spring; and that the grass would be mowed regularly. I said I was being pro-active, calling early this year because last year it took the entire summer just to get the pool drained, the grass was never mowed, and debris was allowed to accumulate. I noted that a large tree had come down in a storm. I noted concern about fire and access of emergency vehicles. Staff notations in AMANDA regarding my call are dismissive and sarcastic. Weight of snow did not pull the tarp off the pool, it was partially submerged years before, as photos I submitted clearly show. Unsure how I knew the pipes froze? Interview with pertinent witness is a shall according to Protocol I. C. Investigation. I did not enter the structure. To presume that I entered the structure illegally is inappropriate to record in these notes, as are other dismissive and sarcastic remarks, and I request that they be corrected or removed.

~April 3, 2008. John Ryan. Per KMB "because of Zoning Permit status VB fees are not applicable..." Code 8-47* is specific. To qualify for a fee waiver an applicant must have a building permit. Code Enforcement needs money to fund their services. Why are they bending rules and violating the Municipal Code to waive fees? As a taxpayer who pays 100% of my property tax, I resent that. The fee is to cover the cost of inspection and monitoring. On the one hand, CE complains to me that they don't have enough staff or funding to enforce code, and on the other hand they waive fees in what appears to be a code violation in itself! There is the appearnance of bias on the part of KMB who made these desicions, and I request that these decisions be reviewed by a Board of Appeals.

~May 27, 2008. Britta Mainello, per KMB. "The only requirement is for a fence around the pool...owner complied... We have closed our folder as there is no current violation." Maintenance of the swimming pool equipment is required -- 8-61**. Draining the pool once does not solve the problem. As soon as it rains, there is stagnant water in the pool again.

~June 13, 2008. Kathleen Butler. "Complainant also mentioned 'trees down' and I let him know that there had been some prior complaints to the State and City regarding land clearing without permits, and ll [sic] wasn't sure there would be any ability to remove trees, as clearing land may require permits." Photo of downed tree, fallen limbs, high grass at this web site: http://dangerpool.blogspot.com/ and attached. We simply ask for the lawn to be mowed, excess vegetation around the house removed, downed trees and limbs removed -- routine maintenance of vacant property. It does not require a state permit to mow a lawn, or remove fallen trees and limbs. This is either dismissive and sarcastic, or ill-informed -- certainly unworthy of a competent city department head. I request that this explanation be reviewed.



Greenery on right is a tree, top twisted off and down.

~June 27, 2008. Margaret vanBrunt, per KMB. I was told by CE that the Vacant Building Application IS the permit! The application is incomplete, unsigned, contains errors, and waiver of fee is not according to code 8-47 which requires owner to secure all necessary building and zoning permits in order to qualify for waiver. "Permit application on file" is not the criteria. Request review of procedure following and decision to approve this permit.

-Protocol requires that "Every complaint shall have a written appealable response..." I received only verbal second-hand ("per KMB") excuses that there was nothing CE could do, except a one time draining of the pool, because there were no codes that address my concerns. I now know that is not true, and I request a hearing before the Board of Appeals, Code 8-8.
*Sec. 8-47. Vacant building permit; inspection; maintenance standards; fees. f. 3) When a building is in need of substantial rehabilitation. as determined by the building inspector, to comply with the obligations and standards set forth in this article, no initial vacant building permit fee is required if the owner has: (i) developed and submitted a statement of intent, scope of work which meets the applicable building and housing standards and the obligations and standards set forth in this article, and a reasonable schedule for the completion of the work, approved by the director, and (ii) secured all necessary building and zoning permits.

**Sec. 8-61. Applicability of article.
The requirements of this article shall be applicable to all new or existing swimming pools and no person in possession of land upon which a pool is or shall be situated shall fail to provide and maintain the equipment, fence or wall and facilities required herein.

Lea Terhune, Chuck Seleen
22 Appletree Point Lane
Burlington, VT 05408
802.658.1908
_______________________________________________
Submitted to Margaret vanBrunt, June 28, 2008:

Margaret,
Request AMANDA file notes dated June 15, '08 to present, re: 142738, 167603 and 2 Appletree Point Lane aka 0 Appletree Point Lane aka Staniford Rd. Ext; inspector's report; and copies of any pictures or diagrams and any other attachments related to the above. Request that investigation shall include "talk to any pertinent witnesses" as provided in the Protocol.
Thank you.
Lea
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