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HomeMy WebLinkAboutPermit Correspondence 2006-4-4 l;FIEILD 225 FIFTH STREET 'SPRINGFIELD, OR 97477 , ' (541) 726-3753 FAX (541) 726-3689 www.ci.springfieldor.us April 4, 2006 , Charles and Lynette Dyas 11 05 E Street Springfield, Oregon 97477 Dear Mr. and Ms. Dyas: Your request for an extension of your permits for the addition to your residence located at 1105 E Street, Springfield, Oregon, City Job COM2005-00928 has been reviewed and approved. This extension may only be granted one time and will expire on October4, 2006, If you have any questions, or if I may be of any assistance, please feel free to phone me at 726-3790, Sincerely, \ilio.J Lisa Hopper ' Building Safety Supervisor Ih 225 FIFTH STREET SPRINGFIELD, OR 97477 (541) 726-3753 FAX (541) 726-3689 www.ci.springfield.or.us March 28, 2006 Charles & Lynette Dyas 1105 E Street Springfield,Oregon97477 Dea~ Mr. and Ms. Dyas: I am writing in regards to your request for an extension of your permits for the addition to your residence located at 1105 E Street, Springfield, Oregon, COM2005-00928. In order to extend a permit, the 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. An inspection of your property at the time of your extension request found the property to be in violation of the City's Nuisance Code (Section 5.002 (4) Used Materials and 5.052 Obstruction of the Public Right of Way). The used furniture, appliances, and miscellaneous debris must be removed before an extension can be granted. I am enclosing photographsfor , your reference, We will reinspect the property on April 5',2006 for compliance. If the property is in compliance at that time, your permit extension can be granted. If you have any questions, or if I may be of any assistance, please feel free to phone me at 726-,3790. . ..~ U Sincerely, f'lV- I OU 'tJ ~/, ~-, ------, Lisa Hopper Building Safety Supervisor , Ih Springfield Municipal Code NUISANCES IN GENERAL 5.000 Definitions. For the purposes of sec- tions 5.000through 5.012 the following mean: Enforcing Officer.The city manager or his or her designee. Hearings Official. The person as de- fined in Article 2, Section 2.020 of the Spring- field Development Code~ Person in Charge of Property.. 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 Responsible. The person respon- sible for abating a nuisance includes: (a) Th~ 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: [Section 5.000 amended b'y Ordinance No. 5938, enacted October 4,1999] (1) Dead Organic Matter and Debris. Deposi ting an animal carcass or part thereof, any excrement or sewage, industrial waste, or any putrid, nauseous, decaying, deleterious, offensive, hazardous or dangerous substance upon any premises or in a. stonn drain, stream, well, spring, brook, ditch, pond, river, or other inland waters within the city; any accumulation of decompos~d animal or vegetable matter, garbage, rubbish, manure, offal, ashes, discard- ed containers, waste" paper, cartons, debris, trash, brush, tree limbs, hay, grass, ~ straw, weeds, litter, rags, or other refuse matter or substance, which by itself or in conjunction with 9ther substances is deleterious to public, health or comfort, or is unsightly, or creates an offensive odor. '(2)- Attractive Nuisances. (a) Unguarded machinery, equipment, including ,substandard manufactured dwellings and RV's, automobiles and motorcycles, or oth.er devices which are attractive, danger- ' ,ous, 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 excava- tion without safeguards .or barriers to prevent such places from being used by children. (d) Any abandoned, unattended or discarded freezer, refrigerator or other container accessible to children , -, -which, -has-an--air-tight- 'door-,' or lock- which may not be released for open- ing from the inside. This subsection 5.002 Nuisances Prohibited. No person shaIi 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 commu- nity objectives in accordance with the legal doctrines of statutory tort and negligence per ,0g-;-T-h€-foH0wing-are~de&lared' to be-nuisances-, -- -:- ,. to be abated and/or cited as a civil infraction as provided in this code: '5:1 (Springfield 1,00) Springfield Municipal Code does not include refrigerators or other containers offered, for, sale by com- mercial 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~ r' 5:1-1 (SpnngtieJd 1-00) Springfield Municipal Code tion, demolition or removal of any (8) StaQnant Water. Art accumula- , building or portion of the building. tion of stagnant or impure, water that affords, (f) An' open, vacan~ structure or might afford a breeding place for mosqui- ' which is attractive, dangerous, and tos or other insects. ' accessible to children or which is (9) Combustible Materials. 'Any used for habitation by trespassers. combustible materials as defined and de- This subsection shall not apply to dared hazardous inthe fire prevention code" authorized construction projects with (10) Stored Vehicle. Parking, stor- reasonable 'safeguards to prevent ing, leaving or permitting the, parking or , injury or death to inquisitive minors. storing, of any licensed or unlicensed motor (3) Fences., Fences made of pallets, vehicle that is in a rusted, wrecked, partially cloth, tarps or sheets of plastic that are non dismantled, inoperative or abandoned condi- weather resistant, or materials of an unsiglit- tion, whether attended or not, or any de- ly'nature, are prohibited. struction derby vehicles or race cars of any (4) Used Materials. Waste, debris kind, upon any public or private property or discarded items, used building supplies, within the city, unless completely enclosed tires, cartons, paper, scrap, junk, used furni- within a legally permitted"", building that is ture, plumbing or electrical supplies, appli- wholly or entirely enclosed except for doors ances and barrels, vehicle engine and body for use for ingress and egress or unless it is parts, lumber, used wood, pallets, or mater- in connection with a business enterprise, ials that are stockpiled ' for the purpose of lawfully licensed by the city,' and properly recycling which are visible from public view. operated in the appropriate business zone, The stored materials shall 'be considered pursuant to the zoning laws of the city. visible unless within" a legally permitted Nothing herein shall prohibit the storage of building that is \yholly or entirely enclosed one vehicle not in violation of other provi- except doors for use for ingress arid egress ' sions of this code, where it is'screened from or unless it is in connection' with a business public view within a legally permitted build- enterprise, lawfully licensed by the city, and ing or behind a six foot solid fence. Nothing properly operated' in the appropriate bus i- herein shall prohibit the parking or storing ness zone, pursuant to the development of a licensed, oper'able, legally parked, rec- code. Firewood or materials to be used as reational vehicle, , firewood must be cut and stacked outside of (11) Prohibited Parking. With the the front yard setback within 30 days of exception of an approved driveway or park- delivery,. ' ing lot, no vehicles including but not limited , (5) Conditions A ttractinQ Rodents, to motor homes, busses, recreational vehi- Conditions upon a property or any premises cles, boats and utility trailers, shall be that' allow, attract or are likely to attract, parked between the street and the primary feed or harbor rats or mice. building. (6) pdor~. Premises in such a state (12) Other. Any other thing, sub- or condition as to cause an offensive odor or stance, condition or activity prohibited by in an unsanitary condition. 'state law, this code or ordinances or which _______'_____'. ,,__ (~L~,?rivies" e_t,c~A_p~~~~~.au~t_'_c.~~~~-_u__,Js_~e~ter~i~~d,_ by the council to be injurious " 'pool" septic tank or drain that emits a nox- ,or detrimentar-totne pu5hclle'aHb, safety-Of' " .' ious and offensive smell, or that is prejudi- , welfare of the city, , cial to public health. 5:2 Springfield Municipal 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 recorded in the Lane County deeds and records files. Upon the entry and recordation being made, the assess- ment shall constitute a lien upon the property from which the nuisan,ce was removed or aba- ted. " (4) An error in the name of ,a person responsible shall not void the assessment, nor will a failure to receive the notice of the pro- posed assessment render the assessment void, but it shall remain a' valid lien against the " property. 5.016 Separate from Penalty. The require- ment to abate a nuisance is not a pen- alty for violating this code, but is an additi~nal remedy. Abatement proceedings and citation of a nuisance as a civil infraction may occur simultaneously. Abatement by a person re- sponsible 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. therefore are not a penalty for violating this code but are additional remedies. PARTICULAR NUISANCES 5.050' Dangerous Trees. (1) Any tree or shrub growing in a parking strip or any public place or on private property that is endangering or in any way may endanger the security or usefulness of any public street, sewer, or sidewalf, 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 pro':' perty, or in a parking strip abutting the owner's property. (3) Failure of the property owner to remove or trim the tree 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 " ~ftpr tnp nr{1pr ;., rpr'p;uPr'{ d~tinO',;n ,,"h.,t~nr'p , ........................ .............. .....,.....~........... .....u .....-................. ............., u........................b ............ ..................,........................- 5.018 Summary Abatement. (1) The ,procedure provided by the above sections is not exclusive but is in addi- tion to procedures provided by dther laws, the city manager may proceed to summarily abate a 'nuisance, which unmistakably exists and which imminently endangers human life, heclth or property. The cost of such abatement may be assessed asprovided above in section 5.014. (-2)-T-he~abatement-0f-a-nuisanGe-under~---- -5.052- this ,section and the assessing of the costs, 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 council meeting. (5) At the meeting, the appellant and the citY manager may present evidence. Action taken by the city council after the hearing shall be conclusive. .obstru<etions-in-thePublie-Right-of- ' Way. (1) Except as provided in subsection 5:5 (Springfield] 2,98) , . , Springfield Muilicipal Code - , (2) of this section, it shall be unlawful for any person to obstruct any highway, street, alley", sidewalk, gutter or drainage way or any other public way in the city by leaving any article, hereby defined as merchandise, boxes, con- struction materials, household goods, or any 'other thing which may prevent free passage - over any public right-ofway: (2) Any person desiring to use the, public right-of-way for the temporary storage of articles dl).ring construction shall apply for a public-right-of-way encroachment permit in accordance with Springfield Code sections 3.208 through 3.214. The rates and charges herein provided are for incurred costs based, , upon the use or availability for use of the public right-of-way, the availability of which is necessary for the regulation of, and provi-, sions fof, the public health, safety and welfare., The charge is controlled by the user's (or po- , tential, user's) request and choice of the kind, nature and quantity of use. The amount of area to be used for the temporary storage of articles, and the amount of time the articles may be stored shall' be approved by the ,director of public works. However, the storage area shall not exceed one-fourth of the pavement or trav- el portion of the public right-of-way (i.e., from curb to curb). , (a) The' following artiCles may be temporarily stored in the public right-of-way only upon obtaining a public right-of-way encroachment per- mit and payment of a fee based upon' the average actual costs as set forth by 'resolution of the city council: (i) Building construction --material-;-:..."~--, ------:' -,- ---, (ii) Rock, sand, excavated material, asphalt mix, etc., the 5:5-1 loading or moving of which may cause damage to the pave- ment or curb; (iii) No temporary storage of articles shall be allowed on a sidewalk or behind, a sidewalk; (iv) Any temporary stor- age of articles shall not alter drainage in the gutter. [Section 5.052 amended by Ordinance No. 5584, enacted July 1, 1991. ] (Springfield 12-98)