HomeMy WebLinkAboutLetter (open foundation)
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OJHKOJH
City of Oshkosh
Division ofInspection Services
215 Church Avenue
PO Box 1130
Oshkosh WI 54903-1130
ON THE WATER
October 18, 2001
Jerry Mathusek
Showcase Custom Homes, Inc
2755 Algoma Blvd
Oshkosh, WI 54901
Re: Open Foundation af223 Allen Ave.
As you are aware we have received a number of complaints about the open foundation at this address, and in March of this
year we required you to install fence as a temporary solution hoping you would soon continue construction. We continue to
receive complaints, and it appears there are no plans to continue construction in the near future, possibly due to the
contamination issues. Section 17-31 of the municipal code states "No person shall erect, contrive, cause, continue, maintain
or permit to exist any public nuisance within the city. Section 17-35 (M) defines Unguarded Excavations, etc as "All open
and unguarded pits, wells, excavations or unused basements freely accessible from any Public Street, alley or sidewalk, as
being considered a nuisance."
While you have erected a construction fence around this site, it has been subject to the rigors of weather forces, as it is not
standing erect. This foundation, even with a secure fence still poses an "attractive nuisance." A fence will not provide
adequate security for open foundations and excavations left unattended for extended periods of time and will ultimately attract
children regardless of how well it is protected by a fence. The purpose of the ordinance is to eliminate the hazards a nuisance
presents.
It appears that construction will not continue until the contamination issue is resolved. I have discussed this with Allyn
Dannhoff, Director of Inspection Services, and we have concluded that capping the foundation with a fully enclosed floor
deck would satisfy the nuisance ordinance (or demolish the foundation and fill in the excavation.) This may pose additional
costs for you if the floor deck is subject to extended exposure to the weather, as the decking and possibly floor joists may
have to be replaced if their structural qualities are compromised. Additionally, with the mold issues that have surfaced this
year, the floor system could become subject to mold growth. For these reasons the foundation is required to be properly
capped or completely filled. If you choose to cap the foundation by installirIg the floor framing and sheathing it will need to
be protected from the weather, and require inspection prior to the remaining portions of the structure being built at a later
date.
Please advise our office in the next 10 days which of these options you choose, and when this work will be completed. We
must require this work to be done irI a reasonable amount of time, not to exceed one month. If this poses a problem for you,
please contact me to discuss an alternative time frame. In the meantime the fence must be restored to meet the enclosure /
barrier requirements for open excavations / foundations.
Your understanding and cooperation with this situation will be appreciated. If you have any questions please contact myself
at (920) 236-5051, or Allyn Dannhoff(920) 236-5045.
Brian oe
Building Systems Inspector.
PC: Allyn Dannhoff - Director of Inspection Services
Warren Kraft - City Attorney