HomeMy WebLinkAboutMiscellaneous Correspondence 1986-2-4
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Mary Porter Leistner
Patricia A. Vallerand
Martha C. Evans
Leistnef, Vallerand &. Evans
ATTORNEYS AT LAW
The Smeede Building, 767 Willamette Street Suite 302
Eugene, Oregon 97401
IS031 &83,8200
ff~
Darlene J. Austin
Office Manager
February 4, 1986
David J. Puent
Building Official
Building Safety Division
Planning & Development Department
225 N. 5th Street
Springfield, OR 97477
Re: David and Cheryl Hetrick, Tenants
6585 Main Street
Springfield, OR 97478
Dear Mr. Puent:
I represent David and Cheryl Hetrick who are tenants at the
above address. I am writing to confirm our phone conversation of
February 3, 1986, in which you agreed that David and Cheryl Hetrick
can remain at 6585 Main Street so long as they make arrangements
forthwith to remove or isolate the hazardous wiring in the out-
building and replace the section of pipe missing from the sewer line.
Mr. and Mrs. Hetrick are making every effort to do so.
Please contact me or the Hetricks if any problems arise.
You also agreed to send me a copy of the letter mailed on
January 23, 1986, to Dale Bryant, owner of the property, at his
address at 3571 Cherokee Drive, Springfield.
Thank you for your cooperation and courtesy.
Yours truly,
L;:T~~~:,VcpR~
~r~~:lrer Leistner
MPL:da
cc: David and Cheryl Hetrick
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lEE C. WEICHSElBAUM
ATTORNEY AT LAW
NORTHBANK OFFICES. SUITE 300
44 CLUB ROAD
EUGENE, OREGON 97401
503/687-2191
January 27, 1986
Mr. Dave Puent, Building Official
City of Springfield
Office of Community & Economic
Development
Planning & Development Dept.
225 North 5th Street
Springfield, OR 97477
Re: Letter to Dale Bryant and Notice to Vacate Building
at 6585 Main Street, Springfield, Oregon
Dear Mr. Puent:
I represent Mr. Dale Bryant and Mr. Bryant requested that I
write this letter to you explaining his situation with the property
at 6585 Main Street, Springfield, Oregon. Mr. Bryant is in receipt
of the January 23, 1986 letter from William Schaub and Jim Matteson
regarding the need to vacate the Main Street premises and bring the
structure into compliance with Springfield Building Codes or eliminate
the structure. Dale is proceeding to insure that the subject premises
are vacated as soon as possible.
Dale Bryant purchased the Main Street property at a sheriff's
sale on March 27, 1985. The property is subject to a one year stat-
utory right of redemption. Under the circumstances of the parties
to this sheriff's sale, the possibility of redemption of this property-
from Dale by the judgment debtor has existed and continues to exist.
The incomplete nature of Dale Bryant's interest in the property has
placed him in a state of limbo with regard to the property. Under
the law, Dale can recover from a redemptioner any expenditures nec-
essary to preserve the redeemed property while it is in his ownership.
The issue of what constitutes "necessary" expenditures must be de-
termined on a case by case basis. Given the magnitude of the repair
and reconstruction required to make the dwelling on the subject
property habitable, the propriety of such expenditures is uncertain.
In any event, the incomplete nature of Dale's ownership interest
undermines the use of the property for collateral purposes in obtaining
resources with which to correct the problems with the subject structure.
Dale does not currently have resources sufficient to correct the
existing problems.
If the subject property is not redeemed within the statutory
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Page Two
Mr. Dave Puent
Springfiel,d, O~
Re: Letter to Dale Bryant
redemption period, Dale Bryant would like to rebuild the structure
in accordance with applicable codes. Under the circumstances,
compliance within the time frame set out in the aforementioned
letter would be impossible and Dale intends to appeal from the
time frame set out in the order to enable him to make an informed
commitment within the constraints set out above.
Dale Bryant requested that I write this letter in order to
clarify his relationship to the subject property. Dale felt that
it was important to let you know about the extenuating circumstances
to what appeared to be a willful non-compliance with code on his
part. Dale intends to rectify the entire situation as soon as
possible.
Sincerely,
~Q.W~
Lee C. Weichselbaum
LCW: lb
cc: Dale Bryant