HomeMy WebLinkAboutOccupancy Correspondence 1980-4-28
lK'A]~lK'A]@~&\@)(![)lK'A]
,
CITY OF SPRINGFIELD
,
April 28, 1980
TO: Ron Clark
Superintendent of Building
FROM: Dave Puent
Building Inspector
SUBJECT: Unlawful Occupancy of 758 Oakdale
On April 24, 1980,. I was requested to do a final building inspection at 758
Oakdale. At that time it was detected that one side of the duplex was pre-
sently being occupied. I spoke to a person who was inside of the structure
and he informed me that it had been unlawfully occupied for approximately l~
to 2 weeks.
On April 4, 1980, I spoke to the contractor, Brad Ogle, and on April 11, 1980,
I spoke to the person who is responsible for the management of the property.
In those conversations they were both informed that occupancy could not be
granted until the bond that was required to be posted was accomplished.
Both parties were aware at the time they gave occupancy that they were in
violation of Chapter 9, Article 15-1 of the Springfield Code. The action that
they arbitrarily decided, showed a' total disregard for any suitable compliance
concerning the legal occupancy of the dwelling.
lj
. iJ:A]i3u~@~1(1ll[))llJJIJ('A]
,
CITY OF SPRINGFIELD
+-----~
April 29, 1980
TO:
Laurie McAdam, City Prosecutor
F ?Oi-l :
Joe Leahy, Office of City Attorney
RE:
Violation of Springfield Code, Section 9-15-1:
Duplex at 756 Oak dale Avenue, Occupancy Prior
to Issurance of Occupancy Permit. Owner, Charles
Ogle, 1230 West 7th Street, Eugene, Oregon, 97403.,
We are
renced
ments:
transmitting to your office for prosecution the above-refe-
matter. Please find enclosed copies of the following docu-
1, Memorandum dated April 28, 1980, of Ron Clark,
Superintendent of Building, recommending prosecution of Charles
Ogle.
2. Memorandum dated April 28, 1980, to Ron Clark,
from Dave Puent, Building Inspector.
3. Copy of computer printout detailing building divi-
sion inspections and comments of 758 Oakdale.
4. Notice to All Contractors and Bui~ding Owners regard-
ing requirement of occupancy permit prior to occupancy from Ron
Clark.
5. Copy of Chapter IX, Article 15, Municipal Code of
the City of Springfield.
Charles Ogle, the owner of the duplex at 758 Oakdale, is in viola-
tion of Article 9-15-1 for permitting occupancy of one portion of
the duplex for approximately one and one half to two weeks prior
to obtaining an occupancy permit. The plain language of ~rticle
9-15-1 provides that it will be unlawful for any person to occupy
any newly constructed dwelling house, or for the builder of such
house to allow it tobe occupied, unless the dwelling house has first
been approved by the Building Inspecter of the City with reference
to the applicable codes of the City. Dave Puent, Building Inspec-
tor, discovered that the occupancy at 758 Oakdale had occurred
for approximately one and one half to two weeks prior to issuance
of an occupancy permit.
In addition to the plain language of Article 15, Mr. Ogle was very
aware of the requirement of obtaining an occupancy permit prior to
permitting occupancy by tenant. On April 4, 1980, Dave Puent spoke
to the contractor, Brad Ogle, and on April 11, 1980, spoke to the
~
,
,
person who was responsible for management of the property. In both
of those converaations, he informed them that occupancy could not
be granted until an occupancy permit was obtained. Further, Mr.
Ogle was made aware of the requirement of obtaining an occupancy
permit in the Agreement executed January 31, 19BO, with the City
of Springfield. Copy of that Agreement is also attached for your
reference. Your attention is directed to the last paragraph on
page 2 of that Agreement.
This office and the Building Division recommend legal proceedings
be co~menced against Charles Ogle for his blatant violation of Ar-
ticle 15. We recommend that action be taken under Paragraph 9-15-3
"Penalties".
If this office may of any further assistance to you, please let us
know.
JJL:bkk L
enc.
cc: Ron Cl k
Steve Burkett
.
~
,
~@~@~ffi[}(D@)OD~
,
CITY OF SPRINGFIELD
TO: . RON' CLARK
Superintendent of Building
FROM: L. G. McADAM
City Prosecutor
DATE: May 27, 1980
RE: CHARLES OGLE
Violation of ~9-15-1/~9-15-3
On the 5th of May, 1980 charges were filed againt
Charles Ogle for the violation of Springfield Code Section
9-15-1. Mr. Ogle entered a plea of guilty on the 22nd of
May, 1980 and paid a fine of Fifty ($50) dollars.
If you have any questions relative to this matter,
please don't hesitate to contact me.
/~firr-~
L. G. McADAM
City Prosecutor
cc: Joe Leahy ~