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

----- Original Message -----

From: Lea Terhune

To: Eugene Bergman

Cc: Mayor Kiss ; Russ Ellis ; Robert Schwartz ; Tom Papp ; Kathleen Butler ; Art Seleen ; Kurt Wright ; Chuck Seleen

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

THE APPLICATION IS THE PERMIT

We learned today that the reason we have not received a copy of the vacant building permit is because the application we have received is the permit. ???

The application is:

~UNSIGNED
~INCOMPLETE
~DOES NOT COMPLY WITH THE CODE REQUIREMENTS FOR FEE WAIVER

The Code Enforcement office said that inspector John Ryan has been to the property, and has submitted his report. This is the report that we were supposed to receive at the end of last week. Any further questions we have should be submitted to the CE office in writing.

APPEALS OF UNRESOLVED PROBLEMS AND INACTION

Sent: Friday, June 27, 2008 8:34 AM

Subject: Fw: Board of Appeals, Appeal process?

Mr. Sousie and Mr. Alberry,

We are trying to discover the appeal process and schedule appeal hearings regarding inaction on the part of Code Enforcement in regard to matters detailed in a communication with Mr. Bergman below.

Municipal Code (Vacant Building) and Zoning Code Protocol name a Board of Appeals, and appeals of unsatisfactory action and inaction are provided for. In the spirit of open government, we are trying to learn and use the process responsibly. In defense of health, safety and quality of life in our neighborhood, we must be persistent. We have not yet received a copy of the vacant building permit in question, and will call again today to request it, again. We have requested a copy of the permit in writing, offered to pick it up in person, and have called again, and now, today, will call again.

Meanwhile:

~We request an opportunity to appeal unresolved health issues regarding an abandoned (not maintained) swimming pool [AMANDA Code #142738] to the Board of Health at the July 7 meeting.

~The vacant property appeal [AMANDA Code #142738 and #167603] will be heard by the Public Works Commission on July 9. Director of Public Works, Mr. Goodkind, has confirmed.

Could you send me your board protocols, if any, and any other information pertinent to your board's responsibility for hearing Municipal Code and Health Code appeals? We will have witnesses and may be represented by someone acting on our behalf, if necessary.

Thank you very much for your attention to these matters.

Regards,

Lea Terhune and Chuck Seleen

June 25, 2008
Steve [Goodkind, DPW], I would like to take this appeal to the Public Works Commission immediately. A fire hazard is nothing to delay any further. I've been 2 years patient, two years understanding, two years waiting. If the city can't remedy the situation, let it be known. Lea

June 25, 2008
Steve [Goodkind, DPW], I wish to appeal the completeness and the veracity of information contained in a Vacant Building Permit Application (I have not received a copy of the permit yet, and the application has no #), and the granting of a fee waiver if it was granted. I regret that I do not have more information, but that is part of the problem. I have requested a copy of the permit, but have not received it. The wording of 8-8 is unclear, and would appreciate more information regarding the appeal protocol/process. Lea

June 25, 08
Lea,
The Vacant Building Ordinance is part of the building code ordinances of the City and appeals of an action taken by the enforcement agency are heard by the Public Works Commission pursuant to section 8-8 of the Code of Ordinances. That section requires the request for appeal to be filed with the director of public works. Please refer to that ordinance for details on the appeal or contact PW Director Goodkind for more information. As you know, the ordinances are accessible on-line through the City's website. Gene Bergman

June 25, 08
Gene,
I would like to have a hearing/s about the way complaints have been handled re: 2 Appletree Point Lane, aka 0 Appletree Point Lane. If this is how the city operates regarding Code Enforcement, both municipal code and building code, we need to know that now -- not later when we are called to comment on a development permit that has a lot of conditions on it. It is said in the city that Code Enforcement is lax, complaint driven, and worse. So far, that has been my experience and I'm concerned about it.

I originally filed complaints on June 15, 2006. They were in regard to (1) an abandoned swimming pool, and (2) neglect of a vacant property.

My requests were reasonable: (1) drain the pool and remove the partially submerged plastic, and (2) mow the lawn around the house and remove fallen tree limbs.

Neither issue has been resolved satisfactorily and the situation worsens. (1) the pool constantly has stagnant water accumulating in it, and the plastic has not been removed; (2) high grass and debris fills the yard around the house, doors are left open, driveway is not plowed in winter, access for fire emergency vehicles and firefighters could be hazardous, and our house is endangered because of proximity and the many large trees that adjoin our properties.

In an email dated June 13, 2008, to the Chairman of the Board of Health, regarding the abandoned swimming pool, CE says the property owner has a vacant building permit. I asked for a copy of the application and the permit. The building and property has been vacant since the present owner purchased it in Dec '06. A copy of the application (stamped received May 27, 2008) was mailed to me on June 16, 2008, but I have not received a copy of the permit. There is no reference number on the application, no indication that any of the information was confirmed or challenged, and no indication that a permit was granted.

Does the property owner have a vacant building permit, or not? Information in the application is not correct and it does not meet the requirement for a fee waiver. Perhaps there is a permit, and the CE Office just neglected to send it to me in the information packet. I called today to inquire about it, but my call was not returned.

I want to appeal inaction (regarding the fire hazard presented by the neglected property debris) to the Public Works Commission; and inaction (regarding the abandoned swimming pool) to the Board of Health. I do not feel that the complaints are being handled competently. I've been yelled at (totally unacceptable), told the present owner is much better than the previous owner (THAT IS NOT TRUE, and what does that have to do with anything?), and that there are no codes or ordinances that address my concerns (also not true).

I am copying this to the Public Works Commission and to the Board of Health.

Lea

Reply to query about Vacant Building Permit

The Vacant Building Ordinance is part of the building code ordinances of the City and appeals of an action taken by the enforcement agency are heard by the Public Works Commission pursuant to section 8-8 of the Code of Ordinances. That section requires the request for appeal to be filed with the director of public works. Please refer to that ordinance for details on the appeal or contact PW Director Goodkind for more information. As you know, the ordinances are accessible on-line through the City's website.

Vacant Building Application

June 25, 08

I would like to have a hearing/s about the way complaints have been handled re: 2 Appletree Point Lane, AKA 0 Appletree Point Lane. If this is how the city operates regarding Code Enforcement, both municipal code and building code, we need to know that now -- not later when we are called to comment on a development permit that has a lot of conditions on it. It is said in the city that Code Enforcement is lax, complaint driven, and worse. So far, that has been my experience and I'm concerned about it.

I originally filed complaints on June 15, 2006. They were in regard to (1) an abandoned swimming pool, and (2) neglect of a vacant property. My requests were reasonable: (1) drain the pool and remove the partially submerged plastic, and (2) mow the lawn around the house and remove fallen tree limbs. Neither issue has been resolved satisfactorily and the situation worsens. (1) the pool constantly has stagnant water accumulating in it, and the plastic has not been removed; (2) high grass and debris fills the yard around the house, doors are left open, driveway is not plowed in winter, access for fire emergency vehicles and firefighters could be hazardous, and our house is endangered because of proximity and the many large trees that adjoin our properties.

In an email dated June 13, 2008, to the Chairman of the Board of Health, regarding the abandoned swimming pool, Butler says the property owner has a vacant building permit. I asked for a copy of the application and the permit. The building and property has been vacant since the present owner purchased it in Dec '06. A copy of the application (stamped received May 27, 2008) was mailed to me on June 16, 2008, but I have not received a copy of the permit. There is no reference number on the application, no indication that any of the information was confirmed or challenged, and no indication that a permit was granted.

Does the property owner have a vacant building permit, or not? Information in the application is not correct and it does not meet the requirement for a fee waiver. Perhaps there is a permit, and the CE Office just neglected to send it to me in the information packet. I called today to inquire about it, but my call was not returned.

I want to appeal inaction (regarding the fire hazard presented by the neglected property debris) to the Public Works Commission; and inaction (regarding the abandoned swimming pool) to the Board of Health. I do not feel that the complaints are being handled competently. I've been yelled at (totally unacceptable), told the present owner is much better than the previous owner (THAT IS NOT TRUE, and what does that have to do with anyting?), and that there are no codes or ordinances that address my concerns (also not true).

I am copying this to the Public Works Commission and to the Board of Health. I do not know who hears appeals of Vacant Building Permits. Could you so inform me, please?

June 18, 2008.
The current vacant building application for the property at 2 Appletree Point Lane has been mailed to you already, as indicated in my previous email. As regards the additional request for information, we are mailing to you today copies of the AMANDA notes from the complaint #142738 [March 07 unresolved], as well as AMANDA notes regarding your March [March 08, 08 unresolved] complaint, our #167603. I am also including my recent notes from AMANDA regarding the vacant building status. [Kathleen Butler]

June 16, 2008.
We are mailing a copy of the permit application to you today. The inspector's report will not be ready until later in the week. When it is ready, we will mail you a copy. Please address any future requests for records to the Code front office. You may contact the Code front office at 863-0442.

Comments: There are several code violations, and the applicant does not qualify for a fee waiver because he does not have the necessary building and zoning permits.

Vacant Building Application
Disclose all measures you will take to ensure that the building will comply with the City's vacant building standards: Building is structurally sound and is secure to the best of my knowledge.

Fee Variance.
No initial fee is required if your building is in need of substantial rehabilitation ...and you have submitted a scope of work and reasonable schedule for completing the rehabilitation, and you have secured the necessary building and zoning permits, in addition to the statement of intent. Permit application on file . P&Z

His cover letter claims that it is the neighbors fault that he does not have his permits. My reply to that is:

Re: William Niquette to Kathleen Butler, May 21, 2008

This letter from Niquette is ridiculous. Let's see, to get the stagnant water drained out of the pool, the lawn mowed, the house secured and the fire hazard of dead trees and limbs removed from the yard, we should have fast-tracked his permit applications. Expected to renovate the house this year? Does he think you are an idiot? Does he think we are fools? He wants to build a 256 unit institutional complex in the middle of 7 single-family home neighborhoods, and our objections are a surprise to him? Just enforce the municipal code, will you please?

Adams property maintained. Contrasting properties.

June 15, 2008 - a man was tearing the glass out of the sun room of the house on another vacant property in our neighborhood. When neighbors went to see what was happening, they were expected. (10 minutes into the job) "What took you so long?" Everyone had a good laugh. This house is a vacant building surrounded by a well-maintained landscape. Owner Hank Adams cuts the grass around the house, and plows the driveway in the winter. He's respectful of our neighborhood and we really appreciate that.

June 13, 2008 - A neighbor went to the Code Enforcement Office to file a complaint about the neglected vacant building and debris-strewn premises, which is across from his home. He encountered the same angry defense of developer by the Code Enforcement Director that I encountered 18 months ago. Emails arrived later in the day from the Director of CE, in response to requests for information from the City Attorney and the Chairman of the Board of Health. She reported that very recently the developer/owner was given a Vacant Building Permit. A request has been submitted to obtain a copy of the permit application, and other paperwork, so we can review it for accuracy and know what the agreement with the city is. We have only requested such protections as the Municipal Code related to Vacant Buildings provides. Members of the Board of Health came out to the property today, and apparently the Director of CE and her husband (they live nearby) came to look at the premises also. I do not believe that they looked at the abandoned swimming pool, however, which is a major concern for me. Hopefully, the Board of Health person looked at the swimming pool.

June 12, 2008 - I took the developer's email reply to the City Attorney and asked about enforcement of the vacant building code. City Attorney Bergman guided me to the sections of code that cover vacant buildings, and I read there that everything we have asked for is covered by code and reasonable. Previously, Code Enforcement Office director had told her staff to tell me that the pool would be drained but there was no ordinance that addressed other concerns about neglect of premises in general.

June 3, 2008 - A neighbor called Planning and Zoning to ask what could be done about mowing the green strip along Appletree Point Road that developer neglects. P&Z planner Lerner agreed to give developer friendly encouragement. Message on file. Developer's reply, also on file, contains many inaccuracies.

June 2, 2008 - back sliding door of farmhouse wide open in middle of day. Someone may have been in the house and left hurriedly. I closed the door, and called the police, asking them to check the house and contact the owner.

May 30, 31?, 2008 - Neighbor saw people walking around Hank Adams' property, interested in the abandoned house there. They said that Habitat for Humanity had been offered the house for rehab because the owner could no longer take care of it, that their son was going to be living there, and that he had already been working there at night. We contacted Planning and CEDO housing to confirm, and they confirmed that there was interest on the part of Habitat. They contacted the owner Hank Adams, and No Tresspassing signs were posted on the property immediately thereafter.

Trees down on property.

Trees came down in the storm, beside our driveway. Property owner claims to check the property every few days. Discussed vacant building issues -- concern for vandalism and crime, as well as the way it makes the neighborhood look -- with City Attorney Bergman.



Municipal Code, Vacant Buildings. The owner of a vacant building or structure shall also immediately remove any waste, rubbish, debris or excessive vegetation from the yards surrounding the vacant building or structure in accordance with the vacant building maintenance standards of this article.

(13) Premises: The premises upon which the structure or building is located shall be clean, safe, and sanitary, free from waste, rubbish, debris or excessive vegetation, and shall not pose a threat to the public health or safety.