Wednesday, November 19, 2008

Notice to DPW


----- Original Email Message -----
From: Lea Terhune
To: Robert Schwartz, Ron Wanamaker, Norm Baldwin
Cc: Gweneth Langdon, Marge Allard, Susan Dorn, Liisa Reimann, Devin Colman, Mayor Kiss, Mary O'Neil
Subject: 2 Appletree Point Lane, portico ready to fall down
Sent: Wednesday, November 19, 2008 10:05 AM


Bob, Ron:

I spoke this morning with Norm Baldwin about the portico on the historic house at Appletree Point Farm. You have both looked at it, and have determined that it is unsafe -- in fact, ready to fall down! You met with Preservation Burlington, and Code Enforcement, viewing the problem as "demolition by neglect". However, I have a deeper concern for the safety of people and animals in our neighborhood when that structure falls.

Two days ago I was walking down Appletree Point Lane, and I met two young girls who were cutting through the farm on their way home from school. They would walk right past the old house. Later that evening I realized the dangerous condition of the house portico could harm them, and it alarmed me. I called Norm Baldwin the next morning, stopped by his office, and finally connected with him today to talk with him about it. He was not aware of the danger, had not noticed it when he visited the house recently, and he is eager to speak with you about it.

You have had several contacts with the city about the condition of the portico, but the information may not have gotten to the right person, Norm Baldwin. DPW has jurisdiction when a structure is unsafe. Norm has now been alerted, and he would like to hear from you immediately since you are experts in these matters. Please call him asap. 865-5826.

I will post photographs at a website later today, and will also post follow-up information and photographs there.

Lea

Lea Terhune
22 Appletree Point Lane
Burlington, VT 05408


Burlington Municipal Code

Sec. 8-47 (e) A vacant building or structure shall be deemed adequately protected from intrusion by tresspassers and from deterioration by the weather if it satisfies the following vacant building maintenance standards:

(4) Building structure: The building shall be maintained in good repair, structurally sound and free from debris, rubbish and garbage. The building shall be sanitary. The building shall not pose a threat to the public health and safety.

(8) Decorative features: The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be safe, anchored, and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(9) Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.


Sec. 8-47 (b) ...If the director has reason to believe that an emergency situation exists tending to create an immediate danger to the health, welfare, or safety of the general public, no notification or warrant is necessary and the director shall enter and inspect the premises pursuant to section 8-45.



----- Original Message -----
From: Lea Terhune
To: Russ Ellis ; Paul Decelles ; Kurt Wright
Cc: Mayor Kiss ; Eugene Bergman ; John Briggs
Sent: Sunday, November 23, 2008 10:39 PM
Subject: CE mostly monitors rental properties?


*please share with Craig Gutchell.

Russ Ellis, Kurt Wright, Paul Decelles:

Is City Council is aware that we get slow or no enforcement of the Vacant Building Ordinance because the CE Director has decided that it's a low priority for her office? Most of the staff time is spent on rental properties, she said, and cars parking on grass! Please consider whether this ordering of priorities is prudent, and request a review of CE office priorities and an accounting of fee collection.

I think enforcement of the vacant building code is a high priority for the city. Recently, a neighbor of mine was wakened at 2:30 am by someone prowling around his house which is adjacent to a vacant building at 2 Appletree Point Lane. A few days later, a criminal was caught hiding in a vacant building in Burlington. Please take a moment to read it the Municipal Code Vacant Building Ordinance (Chapter 8 Buildings). It is clear, well-written, simple and to the point: vacant buildings that are not maintained and secured are a blight on a neighborhood, attract vagrants and criminals, and are prime locations to conduct illegal criminal activities, including arson and drug use.

Early intervention is wise, and enforcing the Code is a preventive measure that saves the city money and protects the health and safety of residents. But you heard CE Director's excuses Thursday night: VB is a new ordinance, there hasn't been time to develop protocols for enforcement. HOGWASH! The VB ordinance was passed by City Council 8-9-99, and an MOU has been in place since 2002 when CE requested that enforcement be moved to CE jurisdiction.

After two years of inaction on vacant building 2 Appletree Point Lane, we filed an appeal with the Public Works Commission. PWC issued an order to enforce the code and collect fees on Aug 14, 2008. CE office waited a month (Sept 19, 2008) to send a letter to one of the property owners (other owner/s not addressed), and enclosed a fee invoice that was jumbled and incorrect. [Correction -- I am now told that the invoice was not sent.] Two months later, according to CE files, there has been no response from the property owners. The VB Code provides remedies for this: fines between $50 and $500 per day; and, in the case of public endangerment (structural instability), repair/stabilization can be done by the city and a lien placed on the property. That portico, reported by John Ryan on June 27, 2008 as structurally compromised, is about to come down!

Will you please come and look at the portico and judge for yourself? Soon, before it is too late? Children walk to and from school through this area. A child could be seriously injured. In June, Ryan ordered access to the area to be restricted. The owners response? Ignored the order. Please do something.

Lea