HomeMy WebLinkAboutPermit Complaint 2004-4-28
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DEVELOPMENT SERVICES DEPARTMENT -.... ~'
, 225 FIFTH STREET
SPRINGFIELD, OR 97477
(541) 726.3753
FAX(541) 726,3689
www.ci.springlield.or.us
April 28, 2004
Tom Wirfs
Cozy Homes
PO Box 237
Springfield, OR 97477
RE: 6586 Jules Place, 944 66th Street, and 939 65th Place, Springfield, Oregon
Dear Tom,
Recently, we have received complaints regarding your construction sites at the above
referenced locations. An inspection revealed that these sites are in violation of the
Springfield City Code, Section 5,002 (2) and (4) and Section 5.052. I am enclosing
copies of these sections for your information and reference,
On each site, numerous piles of used materials, litteI, sCIap, and discarded items are
scattered about the property. In addition, each location ,also had the debris and used
materials encroaching into the public right of way. As you are aware, it is unlawful to
store any items in the right of way without first obtaining an encroachment permit from
the City's Public Works Department.
Each construction site is required to remain in compliance with the City's local Codes as
well as the construction codes the structure is being built under. By keeping your
construction sites free of debris, it not only helps keep the property from becoming a
public nuisance in the neighborhood, it also makes you a good neighbor in the City.
Please remove all unneeded construction materials from these and other construction sites
within the next seven days, If the sites are not cleaned to meet the intent of the code
sections I have referenced in this letter and sent to you, a Stop Work Order could be
placed on your project(s).
If you have any questions, please feel free to contact me at 726-3790.
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Lisa Hopper ~
Building Safety Supervisor
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6586 JULES
ditch, pond, river, or other inland waters
within the city; any accumulation of decom-
posed animal or vegetable matter, garbage,
rubbish, manure, offal, ashes, discarded
containers, waste, paper, canons, debris,
trash, brush, tree limbs, hay, grass, straw,
weeds, litter, rages, or other refuse matter
or substance, which by itself or in conjunc-
tion with other substances is deleterious to
public health or comfort, or is unsightly, or
creates an offensive odor.
(2) Attractive Nuisance~,
(a) Unguarded machinery,
equipment, including substandard
manufactured dwellings and RV's,
automobiles and motorcycles, or
other devices which are attractive,
dangerous, and accessible to children
or trespassers.
(b) Lumber, logs, or pilings
placed or stored in a manner so as to
be attractive, dangerous, and access-
ible to children.
(c) Any open pit, quarry, cis-
tern, open basement, or other exca-
vation without safeguards or barriers
to prevent such places from being
used by children,
(d) Any abandoned, unat-
tended or discarded freezer, refriger-
ator or other container accessible to
children which has an air-tight door,
or lock which may not be released
for opening from the inside. This
subsection does not include refrigera-
tors or other containers offered for
sale by commercial. establishments
provided that they are kept within.
enclosures from which children are
excluded at all times except business
hours.
(e) An exposed foundation or
portion of foundation, debris or other
building or structural remains, for
more than 30 days after the destruc-
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Springfield Code
NUISANCES IN GENERAL
5.000 Defmitions. For the purposes of sec-
tions 5,000 through 5.012 the follow-
ing mean:
Enforcinl! Officer. The city manager.
Hearinl!s Official. The person as de-
fined in Article 2, Section 2.020 of the
Springfield Development Code,
, Person in Charl!e of Prooertv. An
agent, occupant, lessee, tenant, contract pur-
chaser, or other 'person having possession or
control of property or the supervision of any
construction project.
Person ResDonsible, The person re-
sponsible for abating a nuisance includes:
(a) The owner.
(b) The person in charge of
property as defined above.
(c) The person who caused a
nuisance to come into or continue in,
existence.
Public View. The nuisance is visible
from public or private property, including
from any upper story.
5.002 Nuisances Prohibited. No person
shall cause or permit a nuisance on
public or private property and causing or
permitting a nuisance constitutes an offense
under .this code, This section is intended to
not only prohibit the nuisances set forth
herein, but also intended to encourage civil
enforcement of these community objectives
in accordance with the legal' doctrines of
statutory tort and negligence per se. The
following are declared to be nuisances to be
abated and/or cited as a civil infraction as
provided in this code:
0) Dead Orl,'anic Matter and De-
bris. Depositing an animal carcass or part
thereof, any excrement or sewage, industrial
waste, or any putrid, nauseous, decaying,
deleterious, offensive, hazardous or danger-
ous substance upon any premises or in a
storm drain, stream, well, spring, brook,
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Springfield Code
tion, demolition or removal of any
building or portion of the building.
(f) Art open, vacant structure .
which is attractive, dangerous and
accessible to children or which is
used for habitation . by trespassers.
This subsection shall not apply to
authorized construction projects with
reasonable safeguards to prevent
injury or death to inquisitive minors,
(3) Fences. Fences made of pallets,
cloth, tarps or sheets of plastic that are non
weather resistant, or materials of an unsight-
ly nature are prohibited.
(4) Used Materials, Waste, debris
or discarded items, used building supplies,
tires, cartons, paper, scrap, junk, used furni-
ture, plumbing or electrical supplies, appli-
ances and barrels, vehicle engine and body
parts, lumber, used wood, pallets, or mater-
ials that are stockpiled for the purpose of
recyclingwhich are visible from public view,
The stored materials shall be considered
visible unless within a legally permitted
building that is wholly or entirely enclosed
except doors for use for ingress and egress
or unless it is in connection with a business
enterprise, lawfully licens'ed by the city, and
properly operated in the appropriate ,busi-
ness zone, pursuant to the development
.code. Firewood or materials to be used as
fll'ewood must be cut and stacked outside of
the front yard setback within 30 days of
deli very _
(5) Conditions Attractinl! Rodents.
Conditions upon a property or any premises
that allow, attract or are likely to attract,
feed or harbor rats or mice.
(6) Odors, Premises in such a state
or condition as to cause an offensive odor or
in an unsanitary condition,
(7) Privies, etc.. A privy, vault, cess-
pool, septic tank or drain that emits a nox-
ious and offensive smell, or that is prejudi-
cial to public health.
(8) Stal!nant Water, An accumula-
tion of stagnant or impure water that affords
or might afford a breeding place for mosqui-
tos or other insects,
(9) Combustible Materials. Any
combustible materials as defined and de-
clared hazardous' in the fire prevention code.
(10) Stored Vehicle. Parking, stor-
ing, leaving or permitting the parking or
storing of any licensed or unlicensed motor
vehicle that is in a rusted, wrecked, partially
dismantled, inoperative or abandoned condi-
tion, whether attended or not, or any de-
struction derby vehicles or race cars of any
kind, upon any public or private property
within the city, unless completely enclosed
within a legally permitted building that is
wholly or entirely enclosed except for doors
for use for ingress and egress or unless it is
in connection with a business enterprise,
lawfully licensed by the city, and properly
operated in the appropriate business zone,
pursuant to the zoning laws of the city.
Nothing herein shall prohibit the storage of
one vehicle not in violation of other provi-
sions of this code, where it is screened from
public view within a legally permitted build-
ing or behind a six foot solid fence. Nothing
herein shall prohibit the parking or storing
of a licensed, operable, legally parked, rec-
reational vehicle,
(11) Prohibited Parkin{1.' With the
exception of an approved driveway or park-
ing lot, no vehicles including but not limited
to motor homes, busses, recreational vehi-
cles, boats and utility trailers, shall be
parked between the street and the primary
building. '
(12), Other. Any other thing, sub-
stance, condition or activity prohibited by
state law, this code or ordinances or which
is determined by the council to be injurious
or detrimental to the public health, safety or
welfare of the city.
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Springfield Code
(3) If no objection is filed or if the
costs of the abatement are not paid within
30 days from the. date of the notice, an
assessment of the costs as stated shall be
made by the finance officer and shall be
entered in the docket of city liens, and re-
corded in the Lane County deeds and re-
cords files. Upon the entry and recordation
being made, the assessment shaH constitute
a lien upon the property from which the
nuisance was removed or abated.
(4) An error in the name of a per-
son responsible shaH not void the assess-
ment, nor will a failure to receive the notice
of the proposed assessment render the as-
sessment void, but it shaH remain a valid
lien against the property,
5.016 Separate from Penalty. The require-
'ment to abate a nuisance is not a
penalty 'for violating this code, but is an
additional remedy. Abatement proceedings
and citation of a nuisance as a civil infrac-
tion may occur simultaneously. Abatement
by a person., responsible of a nuisance within
10 days of the date of notice to abate is
cause to dismiss any civil infraction citation
that may be pending.
5.018 Summary Abatement.
(1) The procedure provided by the
above sections is not exclusive but is in addi-
tion to procedures provided by other laws.
The city manager may proceed to swnrnarily
abate a nuisance which unmistakably exists
and which imminently endangers human life,
health or property. The cost of such abate-
ment may be assessed as provided above in
section 5.014.
(2) The abatement of a nuisance
under this section and the assessing of the
costs therefore are nota periaIty for violat-
ing this code but are additional remedies.
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PARTICULAR NUISANCES
5.050 Dangerous Trees.
(1) Any tree or shrub growing in a
parking strip or any public place or on pri-
vate property that is endangering or in any
way may endanger the security or usefulness
of any public street, sewer, or sidewalk, is
declared to be a public nuisance.
(2) The city may remove or trim such
a tree, or may require the property owner to
remove or trim any such tree on private
property, or in a parking strip abutting the
owner's property.
(3) Failure of the property owner to
remove or trim the tre'e after 30 days' notice
by the city manager shall be deemed a viola-
tion of this code. The manager may then re-
move or trim the tree and assess the cost of
doing so against the property, .
(4) Appeals from orders issued under
this section may be made by filing written
notice with the city manager within 10 days
after the order is received, stating in sub-
stance that appeal is being made from the
order to the city council. The manager shall
call the appeal to the attention of the city
council at the next regular succeeding coun-
cil meeting.
(5) At the meeting, the appellant and
the city manager may present evidence.
Action taken by the city council after the
hearing shaH be conclusive.
5.052 ObstructionS in the Public Right-of-
Way. Except as provided in sections
3.202 to 3.260,00 person shall obstruct any
highway, street, alley, sidewalk, gutter or
drainage way or any other public way in the
city by leaving any article, defmed as mer-
chandise, boxes, construction materials,
household goods, or any other thing which
may prevent free passage over any public
right-of-way.
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