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HomeMy WebLinkAboutPermit Complaint 2004-4-28 . .~ SiPR~NGFIELD --~,. _1:{~~ '._ 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. s~~ Lisa Hopper ~ Building Safety Supervisor ::,.; . W::l~:~.. 939 65TH ~.,,- '. " ...... '"''~_'::;i:'~1'':~_....,~.;:,''-'''J~~:-"'-';;;'li:'''''";~''C''-'''""-". ' , ,--' ~-;'" , ",..' , ,'(" ",<.;, ',' ., ,:'" .-;";.~,;.",\,,,.,,~~~W-;:;"::"""'~'" .\'....,..JJ'! "J.' ~ "<>" ,:.,' ,,,' ,":__, .'\;." '.' c ..:~:'}, :'i!.{','''5,>",,!';T~(!ii1i,:;J'rf!m'jl{f;''fj,f,i!.!%;.'''' ,I';'''''':,'': I ~, . ",' " :" .:' _' .', ;. .'. .. <, :' ',fi";' ':"';';-,,1,:~ ':iZ:>'~v?J.~~ ",., . - ~ ,,' -- -~.:: 944 66TH . . 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- . .' , 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, ,.5:1 . ";...i..,j . , ,< . , . 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. 5:2 . . 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. , ~: t ',,~' i 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. 5:5 i