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HomeMy WebLinkAboutMiscellaneous Correspondence 1986-2-4 . . . . . . . ~ .1;. ~()'?7t j) /7'Jt~~ J.. {C--1.{. <)C.:-c/.Jr.J!.,:t;.- . ~'L~. o-<<rO}Jf ~ S /1~' cst. ~A."~~. . I . j . . f) t V ;l" -<5....0- ;tL:- '" ~..-7l C'-AYl.-t(4~~-L' ;f _ " AI I . " - l/ I' """-:-"" '-_, '-- 17-alA /tJ:~. t-l -A'r'(r/4{ {,; ''-:J. tJ.'n/Jv!~q, . '/)~1~~-vwt lO: /~ .cA ~~4' ..4-&' ,-?'U7!AT At.fa- /)(3/l~O lJA^~f).../r.~ . i/.';/ __I v-(J ....... (/ ~"C"?~/ 08. r ~ '- <..' -/---;;;=.;- t1.., -u J ~ L. - {~fc1. ,\. '1'\\ " ~' ~,...-',... "--- 1..' I 7 ~ -." ( -/, ~ '/;,"': / " I . , ,., - , .. 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 . . 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 . . 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