HomeMy WebLinkAbout9/18/01 Memo (stair code violation)
City of Oshkosh - De»t of Com Dev/Ins»ection Services Division
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215 Church Avenue Oshkosh, WI 54901 (414) 236-5050
MEMORANDUM
TO: File
FROM: Allyn Dannhoff, Director ofInspection Services ~
DATE: 9-18-01
RE: 257 W 14th Ave
Bruce Luedtke and I spoke to the owner about the code violations on her stairs and the letter sent to
her ex-husband in 1990 as a result of the instructions I received from Jackson Kinney.
We contacted Ms. Janet Walatka (236-5374) at about 1:45 pm today.
I explained to the owner the following:
1. Matt Tucker, Associate Planner, did not understand the situation when he advised her she did
not have to make the stairs comply. I advised her Matt was not familiar with the history of this
case and now that he is familiar, he understands he cannot tell her that continued non-compliance
is acceptable.
2. I advised her the stairs were built wrong and are unsafe. Her ex-husband took issue with this
when orders were sent in 1990 and complained vigorously about having to make the corrections.
A decision was made by my superior that we would not pursue corrective action on this case,
however, the letter sent by my superior did not say that this would not be considered a code
violation, nor did it say compliance did not have to be provided. (Although it would appear that
was the intent of the letter.)
3. I informed her that she could be jeopardizing her standing with her property insurance, in that
most policies do not cover claims resulting from known code violations. I then indicated we
wanted to clear up any misunderstandings in regards to code compliance and was appealing to
her good will to do what is right and correct the stairs.
4. Bruce informed her it is a violation of the MHC to rent an apartment with known code violations.
Ms. Walatka advised us the apartment is vacant and she does not want to rent it out because she does
not like dealing with rental issues. She advised us she is trying to secure bids to replace the stairs,
but has not been able to get contractors to bid on the job. She also advised us she wants to complete
all ofthe noted repairs so she can sell the property.
Ms. Walatka told us she understands the hazard the stairs represent and wants to make the
corrections, however was also concerned that this was not addressed when her ex-husband built
them. She inquired if an order could be issued to him, I informed her that due to the time lag and
the decisions that were made in 1990, it would not be likely that the City would issue orders to her
husband. Additionally, I pointed out that she was the owner back then and was partially responsible
to comply at that time, however, I understood that her husband was handling this issue.
She stated she intends to comply, but will need time to hire a contractor she can afford. I asked her
to keep Bruce apprised of her efforts and progress in this regard.