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Home My WebLink AboutLetter - 8/31/2007 ~ OJHKOJH . ON ,HE WATER City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54903-1130 (920) 236-5059 (920) 236-5053 FAX JACKSON R. KINNEY Director August 31, 2007 KELL Y J. & ELIZABETH L. BURNETT 524 W. NEW YORK AVENUE OSHKOSH, WI 54901 Re: 544 Jefferson Street Dear Kelly & Elizabeth: The City of Oshkosh Department of Community Development previously issued you a correction notice (dated 07/27/07) related to Zoning Ordinance and Municipal Code violations at 544 Jefferson Street. The compliance date (08/26/07) listed in that notice has expired and non-compliance continues to exist on the property. Subsequently, a court date for allowing continued code violations on your property has been scheduled for September 12,2007 at 9:00 AM in Room 194 of the Safety Building located at 420 Jackson Street, Oshkosh, WI 54903. Todd M. Muehrer Associate Planner/Zoning Administrator I:IPlanninglZoning Adminislrationl07 Zoning Inspectionsl544 Jefferson 51_ell _REQ_NoticeJetler Il.doc MIDDLE t4,Lc ..!!;i; ~ BIRTH DATE STATE SEX MARKS, SCARS, TATTOOS TYPE COLOR PARENT/GUARDIAN PHONE YOU ARE HEREBY SUMMONED TO APPEA~ IN THE ABOVE COURT f"> .j ;'14i1"\ ON .'::) "",,~c-tV\'t>l1H" J ,-- 1-i:;'(;; -J , I.T ~.N' ..."'" 1 '{.:~AM1@ LOCATED AT SAFETY BUILDING, RM. 194, 420 JACKSON ST., OSHKOSH, WI 54903-2808 . " .... . - . ~ ;. MARKS, SCARS, TATTOOS BIRTH DATE TYPE COLOR PARENT/GUARDIAN PHONE YOU ARE HEREBY SUMMONED TO APPEAR IN THE ABOVE COURT ON S&. '1"><,,, ,,,,,,'s'! t '\to _.J ,t ,",' ''1 .{(Xi.AT LOCATED ATSAFETY BUILDING; AM. 194,420 JACKSON ST., OSHKOSH, WI 54903-2808 , ,..<:....... OP' ~ OJHKOfH ON THE WATER CITATION RE:QUEST Property in Violation: 544 Jefferson Street Owner Name: Burnett, Kelly J/Elizabeth L Owner Address: 524 W. New York Avenue, Oshkosh/WI 54901 ProblemNiolation of: Illegally installed driveway and work performed in the right-of-way without valid permit. SECTION 25~16 Work in Right of Way Permit Required: No person shall excavate or tear up any street, alley, sidewalk, terrace or other public place in the City without havingfirst obtained a work in the right-of-way permit therefore from the Department of Public Works. SECTION 30-5 (B)(1) Building Permits: No structure shall hereafter be erected, moved or structurally altered until a building permit therefore shalrhave been applied for and issued 30-day citation requested Brief History Review: On June 27, 2007 a default judgment was issued by the Winnebago County Circuit Court to the property owner relative to the City Zoning Ordinance violations at the subject property. The original correction notice was issued 03/22/07. Subsequently, another correction notice was issued on 07/27/07 ,with a compliance date of 08/26/07. To date, the violations remain non-compliant and the illegally installed driveway needs to be removed. Attachments: Correction Notice (issued 07/27/07), photos dated 08/27/07. Requested By: Todd Muehrer & Susan Kepplinger Date: August 30,2007 .................................................................,.........~....... Division Head: Dir. Community De . City Manager: Introduction On June 27, 2007 a default judgment was issued to you relative to the City Zoning Ordinance violations at your property. To date, the violations remain non-compliant. The illegally installed driveway must be removed by the compliance date listed in '. hisnotice. Additionally, you will need to black dirt, properly grade and re-seed the disturbed ground to have an established lawn. Issue Date Address Sent to INSPECTION SERVICES DIVISION ROOM 205 DEPARTMENT OF COMMUNITY DEVELOPMENT CORRECTION NOTICE CITY OF OSHKOSH 215 CHURCH AVE PO Box 1130 OSHKOSH WI 54903-1130 Compliance Date 8/26/2007 Compliance No Name I KELLY J/ELlZABETH L BURNETT , Address 524 W NEW YORK AVE City OSHKOSH State Zip Code WI 54901-0000 l.!'J Owner U Required for Occupancy Occupancy Item # Code 25-16 Compliance No Compliance Date 08/26/2007 Description No person shall excavate or tear up any street, alley, sidewalk, terrace, or other public place in the City without having first obtained a work in he right-of-way permit. 07/27/2007 Last Updated 12946 Page 1 of 2 e OSHKOSH ON THE WATER Issue Date 7/27/2007 Address 544 JEFFERSON ST Name I KELLY J/ELlZABETH L BURNETT INSPECTION SERVICES DIVISION ROOM 205 DEPARTMENT OF COMMUNITY DEVELOPMENT. CORRECTION NOTICE CITY OF OSHKOSH 215 CHURCH AVE PO Box 1130 OSHKOSH WI 54903-1130 Compliance Date 8/26/2007 Compliance No Address 524 W NEW YORK AVE City OSHKOSH State Zip Code WI 54901 -0000 Sent to ~ Owner Introduction U Required for Occupancy Occupancy n June 27, 2007 a default judgment was issued to you relative to the City Zoning Ordinance violations at your property. To date, the violations remain non-compliant. The illegally installed driveway must be removed by the compliance date listed in hisnotice. Additionally, you will need to black dirt, properly grade and re-seed the disturbed ground to have an established ,lawn. L Item # 2 Code 30-5 (B)(1) Compliance No Compliance Date 08/26/2007 Description No structure ,shall be erected, moved or structurally altered until a building permit is applied for and issued. 07/27/2007 Last Updated Summary Failure to comply will result in additional citations for continued violations ofthe City Zoning Ordinance. If you have any uestions, contact our offices. L__ Violations must be corrected and approved within 30 days unless otherwise noted. Call for reinspections prior to concealment and/or occupancy. Upon completing the corrections, the owner/contractor/agent must sign and date at the bottom of this notice and return it to the Inspection Services Division by the Compliance Date of 8/26/2007 Office hours for obtaining permits are Monday through Friday 7:30-8:30 a.m. and 12:30-1 :30 p.m. or by appointment. To schedule inspections please call the Inspection Request line at 236-5128 noting the address, permit number (when applicable), and the nature of what needs to be inspected. Signature Date Inspected by: Todd Muehrer 920-236-5059 tmuehrer@ci.oshkosh.wi.us I hereby certify the violations listed on this report have been corrected in compliance with the applicable codes. Print Name COl'Tlpany Signature Date Also Sent to: U Bldg U Elec U HVAC U Plbg U Designer U Other U Inspector 12946 Page 2 of 2 Follow Up - 544 Jefferson, Oshkosh Page 1 of2 Muehrer, Todd M. From: Kepplinger, Susan L. Sent: Wednesday, July 25, 2007 9:50 AM To: Muehrer, Todd M. Subject: FW: Follow Up - 544 Jefferson, Oshkosh Todd, Please proceed. Susan -----Original Message----- From: Burich, Darryn Sent: Monday, July 09, 2007 1:09 PM To: Kepplinger, Susan L. Subject: RE: Follow Up - 544 Jefferson, Oshkosh Make it so. -----Original Message----- From: Kepplinger, Susan L. Sent: Monday, July 09, 2007 11:27 AM To: Burich, Darryn Cc: Muehrer, Todd M. Subject: FW: Follow Up - 544 Jefferson, Oshkosh Darryn, Do you have a problem with us going ahead as proposed? Susan -----Original Message----- From: John Blazel [mailto:ssblaw.blazel@centurytel.net] Sent: Monday, July 09,200711:21 AM To: Kepplinger, Susan L. Subject: Re: Follow Up - 544 Jefferson, Oshkosh Susan, Your proposed approach sounds like a good approach. The defendant is an LLC. Be sure to list the full LLC name on the citation. You may want to wait for 30 days and then issue one citation for 30 days of violations rather than issue a new citation each day. The forfeiture would reflect a forfeiture for each day of violations so that the amount on the citation would be quite high. I have seen the building inspectors office proceed in that manner on a number of occasions. John Blazel I ----- Original Message ----- 7/25/2007 Follow Up - 544 Jefferson, Oshkosh Page 2 of2 From: Kepplinger. Susan L. To: John Blazel (E-mail) Cc: M!J~l)r~LTQg~LM, Sent: Thursday, July 05, 2007 11 :27 AM Subject: Follow Up - 544 Jefferson, Oshkosh John, On June 27, a default judgment was issued to Oshkosh North Hpldings relative to the zoning ordinance violation on the property at 544 Jefferson (illegally installed driv~way). The owner did not appear and there was no one there representing him. The driveway still needs to be removed. This is what I propose; the City issue a new correction notice giving the owner, say, a week to comply (he won't), and then issue a citation for a per day fine for each day following that new compliance date until the situation is corrected. Is that possible? Susan Kepplinger Principal Planner City of Oshkosh Planning Services Division skeppli nger@ci.oshkosh.wi.us 236-5058 Fax 233-5021 7/25/2007 Follow Up - 544 Jefferson, Oshkosh Page 1 ofl Kepplinger, Susan L. From: John Blazel [ssblaw.blazel@centurytel.net] Sent: Monday, July 09, 2007 11 :21 AM To: Kepplinger, Susan L. Subject: Re: Follow Up - 544 Jefferson, Oshkosh Susan, Your proposed approach sounds like a good approach. The defendant is an LLC. Be sure to list the full LLC name on the citation. You may want to wait for 30 days and then issue .one citation for 30 days of violations rather than issue a new citation each day. The forfeiture would reflect a forfeiture for each day of violations so that the amount on the citation would be quite high. I have seen the building inspectors office proceed in that manner on a number of occasions. John Blazel ----- Original Message ----- From: Kepplinger. Susan L. To: John Blazel (E-mail) Cc: Muehrer, Todd M. Sent: Thursday, July 05, 2007 11 :27 AM Subject: Follow Up - 544 Jefferson, Oshkosh John, On June 27, a default judgment was issued to Oshkosh North Holdings relative to the zoning ordinance violation on the property at 544 Jefferson (illegally installed driveway). The owner did not appear and there was no one there representing him. The driveway still needs to be removed. This is what I propose; the City issue a new correction notice giving the owner, say, a week to comply (he won't), and then issue a citation fora per day fine for each day following that new compliance date until the situation is corrected. Is that possible? Susan Kepplinger Principal Planner City of Oshkosh Planning Services Division skepplinger@ci.oshkosh.wLus 236-5058 Fax 233-5021 7/25/2007