HomeMy WebLinkAboutProperty Maintenance - 5/17/1995
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Code Enforcement Division
Department of Community Development
City of Oshkosh
CORRECTION NOTICE
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Date ofInspection:
Occupancy Inspected:
Address:
Owners Name:
Owners Address:
Notice MailedlExplained to:
May 17, 1995
Two Family Dwelling
824 Jackson Street
Charles & Tami Kohls
8043 Weelaunee Drive, Pickett, WI., 54964
Following neighbor complaint
Copy to:
Property File
ITEM
#
CODE
SECTION
FINDINGS OF INSPECTION
I8-79.1B
The brush and debris pile at the southeast comer of the property shall be removed
from the premises and properly disposed of as it may be a nesting site for carpenter
ants which are infesting the neighbors property.
Item #1 shall be corrected before May 31, 1995. Failure to clear the property of
this debris on or before May 31, 1995 will result in citations being issued and court
action pursued.
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COMPLIANCE DATE: Immediately
INSPECTOR:
Bruce Luedtke Housing Inspector
236-5137
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825 Franklin Street
P.O. Box 1603
Oshkosh, WI 54902
l:1ay 19, 1995
y2 ~~ n95
lire Bruce Luedtke
Oshkosh Housing Inspector
City Hall
Oshkosh, WI
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Enclosed here,dth are photocopies/correspondence that all the councilpersons vlill re-
ceive probably Honday, Hay 22nd.
As I told you on the phone yesterday, Charles KORLS came and hauled about four truckloads
mvay. There was more there than I thought, and under the cover of leaves were a couple
dead tree trunks, a rotted tree stump that was just picked up, a large piece of iron,
galvanized eves and an elbow or two, etc. He came with a stepladder in his truck, no
shovel, gloves, and I don't think a rake. He scouped up the lemles with his hands into
the truck. \~en I looked out about 15 minutes later, that tenant who raked the leaves
into that corner was out there with him with a rake helping him. Anyway after about a
hour or more they had the corner cleaned out--to their satisfaction, not mine yet. There
is still about ten minutes work for a final rake up of about a grocery paper bag and one
half of leaves, a moldy tennis ball, a hair comb, and pieces of paper. Then the ground
should be raked level. Now there is a pit in the ground, and a mound of ground next to
that big tree--which could be a ant nest underneath w~ere they were crawling up the tree
and onto the Hire to my side of house also. This should be raked into that pit to fill
it up, and also make sure if there are any ant nests ~nder that pile, so as to take nothing
for granted and mak.e sure. I ,.,rote him I ,-mnted that! area cleaned out "whistle clean",
but it isn' to There is still some debris there, although slight, but he should be taught
hmV' to clean things up properly, not almost clean, but "whistle clean".
Perhaps you should come over and look at it now the wfY it is. If I were you, I would not
pass that inspection until it was cleaned out and madf the way I explained above, and he
should not get alilaY with cleaning things up not all the vlaY, but completely and neatly,
especially what he put me through with that other tre~ line situation.
I am holding this matter in abeyance. If the ant sit~ation in the house does not go away,
he is not off the hook with me yet in that regard, and also I am going to inquire with my
attorney if he can be made to reimburse me for all th~t cost I had in trinnning HIS tree
line, plu.s danlagc8 t.o roofs 011. 110use and [::nrage, rE~pa:irs, and garage roof replaccIfi.ent.
It is his fault that these ants came into my house, and if they cannot be made to go ai,;ay
some way, he is in deep water.
I sent for a bulletin on ant control from the University of Hisconsin Extension Service,
I
and explained the situation to them. They, in turn n,ou, sent a copy of my letter to Ann
Boyce of the Public Health Department and told me to ,contact her, but I have not had a
chance to yet at this writing.
His tenants probably are afraid of him to ask him fo~ things to bo taken care of, and
ac1.joil1ing 11eigl1bors pcrrHJ.ps also, but 11.0t l:te, \vhich. 11:8 b.as learned. I l1ave been told that
he has t!:ied to sell these tT,VO apartment houses inbet:\veen various time periods, hut they
were not sold, perhaps because he \vanted more for thqm than realtors set, or that they
't'Jere DO ulesscd 'up inside also, a11G \<ritl~l Ll.O garages, trial: peo.ple passed -tl1e1U b:y. The 11011se
in back of me was for sale last Sunrrner, and I saw many people look at it, MID stand in
the backyard and look at that thrash pile also. The realtor should have knov7 enough to
tell him to clean that up before he put it on the market. Perhaps he did, but he did not
listen. PHONE 1m HIlEN YOU GET THIS HATERIAL, and if you are coming out to look it over, se
I am home again. THANKS. /~x.g~
SheldQn L. Fiedler
CC:File
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MY SECOtID AND FINAL LETTER TO YOU
ON THIS MATTER
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825 Franklin Street
P.O. Box 1603
Oshkosh, WI 54902-1603
May 18, 1995
'of ') 2. ")Zic
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Mr. Charles Kohls
8043 Weelaunee Drive
Pickett, WI
Charles:
Re: Your rental property at
824 Jackson Street, Oshkosh
I wrote you a congenial letter on May 7th in regard to this carpenter
ant situation, but you have1NoT responded in kind and removed those
decaying leaves, wood, tree branches, etc. from that huge pile in the
corner of the fences near tie rear and side of my property. In the mean-
time I have been suffering Jvery minute from' these ants crawling allover
my rooms, on cupboards, chairs, walls, and even up the bowls of food I
am ready to eat. What is the matter with you? Have you no regard for
the property of other people, their health and peace of mind? How were
you ~ought up to have such disregard for upkeep of your properties, es-
pecially when it damages adjoining property of mine with that tree line
situation and my garage roof damage awhile ago, and now this terrible pest
situation, that is a threat to my health. I have contacted my doctor's
office in this regard, also city offices, and especially the Housing In-
Spector, who seemed to recognize your name well. He is coming over to
look at the situation. I owned rental units in my younger years also, and
I always k~ them up, had satisfied tenants, and was a good landlord with
my limited income during those years, and with terminal illness in the
family for 40 years which created,financial difficulties most all of my
life, and now myself still yet.
I am not going to put up with thisan~ore. If you don't have that area
cleaned out whistle clean by this Sun ay evening, next Monday I am giving
my attorney at the law f'.irm I use to work for, my file on you, which in-
cludes photos of the tree line and garage situation before, and photos of
that built up decaying thrash pile now. It cost me a great deal to have
that tree line situation and garage damage taken care of, which you should
have paid for, since it was your fault, and could afford to pay for that
more so than I,in my situation, and which the judge may make you reimburse
me for if it comes to that, plus paying for chemical spraying of areas here
to stop this ant situation. Therefore, if you don't get yourself and truck
over here and take care of all removal of that thraso., to my satisfaction,
expect to hear from my attorney shortly.
Sincerely,
Sheldon L. Fiedler
CC:File
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TO:
Richard A. Wol1angk
Jon C. Del1'~~tonia
Lawrence J. Spanbauer
John A. Stenz
Hilliam R. Castle, Jr.
Helanie Eloechl
Stanley Kline
P.O. Box 1603
Oshkosh, VI 54902
tray 18, 1995
COUNCILPERSONS:
This letter is beinG send to each one of you. Please be advised that THIS IS A LETTER
OF COl{PLAINT against CHARLES KOHLS of Pickett, \<11, Ovffier of various Oshkosh rental units.
Unfortunately my property is between two of his multiple rental houses, and he has caused
me untold grief since I BOUGHT ~IT PROPERTY and moved in, in the Fall of 1993. My rear
lot line and that of his rental property at 824 Jackson adjoin.
l\fter purc11asin.g tl'1is propert:.r and movins ins or Ibt.~li0V? before ;:i.O~..TJ..r:g :.n, .iI ~,vrote l1im
about 11is l1uge 81\:)'''' high I1UTnerous trees on his side of our properties, tb..at ~vere l1angi:ng
over lny fence, gro't-ling illto tile picl(etts, T:la.ny brancl1es push ins tlirouf31'l to 1:1:1 side, some
hU3h long branches covering over ~y ~arage roof way up to the ed88 of the rear of m7
hous~~, a.nd over the rear entry hall, causin::; rotted roof shingles both on the house and
rear entry hall, which had to be replaced. Th.ere ,ms eyen so",e vlater damage to the
interior ,\,J'al1, 1:-Jl\ich had to be re.1TI.o"'ved and replaced, and painted. A.lso there. \.'las \Vater
pOt.lrin~ throu2)1 the z;;arase roor frow. T:lelti71~ SI10~.j ar:.d rains onto 'l:J:l car. I..Iater t:12 :;ara~e
roof cav2d in. I could not afford mor'e tl1a~ to have it patched u, at t11e tiH12, but since
"t.]a"ter st-ill cal:le in, I b.a-\78 to 112."\7"e tli.~~ roof boards ~.]11ich ~'7ere. all rotted, r8placed, \:Jit:l
a ~ew roof, at great cost to ne. This ~r. ~ohls left grow over a perio~ of years ~Jithout
an:v resard for t.11e pro"i.Jert:7 of ot;.-ler3. I \.Y.rote. llir.l aoout tbis Eta~tt2r, as I st.ated abo've,
(copy of letter en.closed dated October 2, 1993), a31::ing hiril to trip.! b.is tre.9S bael:: to the
lot line. ~e did come over with a hand saw and trim 30~2 branches that he could reach,
but told me if I >:.ranted the rest trimmed, I had to pay for it mYi3elf. I explained to :,.Lil
that I ':-JaS a senior citizen on a 10v7 fixed income, and had multi?le medical infir:llities,
and that I could do little inside or out, and had difficulties in paying for anything on
!!lY 1m} income, HI-IEREAS he, \vith all his ;Tcany rental units, a rather expensive house in
Pick.ett, a good. job--all trlat i:lCOille, coul!} af~ord to pay for 11is lot J.ir.:.e up1:e2p, and
have the trees tri:ned hir:lself, much easier tl12_n I could. TIllS ':TAS ~us RESPOI.\i"SIBILI'I'Y.
11m-lever he vJalke(: a,-my from his obligation. He also ':JaG responsible for the damages to
ny house roof a::::eas, and the cost of a ne,.! garage roof, "Vlhich he should have offered to
pay fo'r, Dl.1t I, \'7ith no savings, l1ad to get a loan to pay for tl1:-LS all 111);"self~ I tooL
pll0tos of th.e tree lirrros 11angi11g over and onto II1;7 buildings, and Ileigb.bars and .~vorki1ell
here saH it also. Had he been responsible enou~;h to have respect for other neighbors'
prop'~rty, and taLen care or it earlier, it ';vould not have progressed and resulted in Hhat
it did. NQ1:v also, a lar3e tree next to ny one neighbor's garage, is deteriorating the roor,
same as lilinedid, ,-lith large tree branches hanging over it and in among the Hires to our
houses. TIlose liDbs should be cut off now also Lefore they do more damage as like to "0
garage roof. TI:is l1eicil1:JOr '\l:..s'h.es ~1e I'Joule Ct!~ ~~13t l-lugll liT11D arlc: bran.cl1.es off to c18ar
tile garage roof, lJU t seems to ~e 1:00 timid to 3.s1: him.
I am explaining this to you in the order that the events occured.
N~1, last Fall, CARPENTER !~~TS started to come from his rear area where a larGe heap of
dead tree branches, cans, boards ,papers, pieces of cloth, otl1er garbage like thrash, and
n~sses of fallen leaves that were raked there in piles, exist. TI1is has existed for vnlO
knows how long before I moved here, and I saw it gro\}ing higher and larger as time went
on, decaying. TI1is is a good breeJingground for not only carpenter ants, but other vermin.
Last Fall the painter noticed, getting into eventide, these terrible carpenter ants coming
from his area to my house, crmlling on the siding and going into a crevice in the south
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Councilpersons
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Hay 18, 1995
wall section of the house siding, then some coming out again and going back to his area-
a t'tvO way stream. It was getting to'Vmrd Hinter with cold 'tV'eather coming, so it stopped
shortly thereafter, and I did not see any of the ants in the house at that time, so I dis-
missed the situation at that time. HOI"JEVER, this Spring, a couple ,,,,eeks ago, v7hen t1:e man
in one of the apartments there raked the leaves, he took the boards laying in the pile,
and set them along side the corner of my fence so he could build up the pile without any
leaves filtering through into my side onto my f10Her 0arden. I have photos of thiso Nml
the pile is higher than it originally was, and much larger in area s?ace, making Batters
,:wrse. Since then these car:?enter ants have come back, this time into my rooms of the
house~ mainl~l ion the kitchen, erG-ro7ling all o,,;Ter tl1.2 floor, u-p onto the ctr:?bonr(~ counter
to?S, Ollto the ~~Jalls, into tl1e Si11k., up "the. chairs of tl:le l:itchen set, and even up tl1e
bowl of food that I was about to eat. This now has become a health hazard for me in my
medical situation. I wrote ~'1r. Kohls again now Clay 7th copy of letter enclosed) about
this, in a cordial ~;Ja)'" ask.inp; l1irrt to "tal:e. care or remo'lJ"in~ that thrash heap, talt na~..Te l-'1ad
no response fro~ hi~. ~~i3 is ~ s2rious situation, ~nd it cannot go on. I phoned ~ ~oc~l
,est COlltrol cor.lpan:l a:;cut the situatioll, and they -said tl1cre 'is probably a nes.t inside
the '\J8.11 tl1at has to cc e.linir:(.!tcc:. 1),,)' thc~i:r s?:C~J"i:l~ cl1c:r:j_cal tt~rOl.lgl1.0tlt the '3nti~2 r::air.:.
floor 0:: th.~ 110US-2, tnebaseLlellt, allQ outside. I told b.i"Cl t:"tat \fJitl1 E:)~ 11.1Tlg C:.ortcli:::io::::3,
I could n~3~ler tolerat.e tl:j_s-tIle furncs lIQuId seer I..1Y lunGs: c1.nd. 1'7l}7" doc tor :la~; ~'7ri t ::',211 a
letter stat.inc: tb.at I cou:"d l1U.;: stand
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t:.8.lS.
If:.l.e3~:: che':J.icc:ls are c.c.p..g2.rous to one ,\Titl.l.
uy lung conditionG, and could even possibly result in cancer. The ?est control man said
that, no, they could not spray inside then, just the exterior area, and where the thrash
2eap was after it is, removed, but that not spraying inside sight not eliminate the ~~ts.
A.lso these ants Cal1. clestro:l \~7ood inside ~lal1s of th.e h.ouse. l~o\'J ~~fr. Kohls llas gotten him-
self iu"to sor..letlling tb.roug:1 11i:3 TIGglig.ence. If these all.ts claLlage the ~'Jal1s, and cani10t
be eliminated insid8 through the use of ant traps and liquid poison that I have allover
the floor and on countertops, it ,7il1 be his fault for leaving that thrash heap ~egin in
the first place by no t checking his ~)ropertieG now and then and seeing ':'7hat is going on,
so that such condition re~ains over a period of time into decaying materials, creatiu3
nests for such ants and other vermin-also a health hazard, and doing nothing about it
until it is too late for otrlers and hir:.lself. He rlay be in for a lrcgal court actior;. e..r..rl
b.igll daIlages.
If tIle city 't-Jould 11a-v8 tal~en action on t}lis l~incl of -:rran ar...d irrespon3ible Innc110rd irillC!l
earlier from other com?laints, it would not have come to this impossible situation now,
~hich perhaps nothing can be done now in my medical situation, and causing Ee, at illY age,
all this StT2SS and great fina~cial debt because of him in this regard and the earlier
garage situation. You as councilpeTsons have a responsibility in this reGard also that
you have failed to do anything about in regard to hin, and possibly ethers like hiL'l in
the city, 30 you arc partly to bla~e for this situati9ll also.
I am telling you that l;Ir. Kohls may be in for alot of trouble in this regard, and
possibly you all also for leaving such landlords get a\7aY \'7ith not keeping up their
properties and supervising tenants and outside areas pore carefully and more o~ten. I
had rental properties iAlen I was younger too, out even being financially stra~?ed all ~y
life, I kept things up better than he does nm.T days. I had satisfied tenants and kneiJ
11O'\J to manage such property. If IIr. Kohls does not knoH hmJ to manage and take care of
rental properties, or does not care to, it is long past due that something be done a1)out
, . I;" b -, ~ '. , . 1 ... . ., f t... . "
tn~s. I 4e Goes no~ care aoouc UlS renta proper~~es, aSlce ~rom ge ~~ng as mucn ren~
as he can out of Ilis tenants, then he should not have rental properties and create such
serious problems for adjoining neighbors.
POlIDER CARE7ULLY ON THIS NOW, ALL OF YOU, and get busy to do sOInething about it post haste,
with someone in authority who is able to do something about matters such as this and take
appropriate action and punislmlent.
I for one, ,Jill not stand for any more of this.
I tell people that cause me difficulties
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Counci1persons
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?'~ay 13, 1995
exactly what I think of them and the responsibilities they have neglected, and will take
whatever action is necessary to bring pressure to bear in any area that needs it, or
vlhoever needs it, if I die, in my condition, in the process. This situation should never
have been allowed to continue so long with people doing nothing about matters that need
attention Il.~.!EDIltTELY.
I expect to hear promptly
this situation to help me,
fronl SO>1EO[~E in this regard what is going to be done abOtlt
or I will have my attorney take appropriate action.
/1/7 ~ _/ .
:f~ryl- cZ' 7 ~~v
~A~ldon L. Fiedler, Ovmer
0.:.:.> Franklin St.
P.O. Box 1603
Osr11::.os11,
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cc: File
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825 Franklin Street
P.O. Box 1603
Oshkoshi WI 54902-1603
May 7, 995
Mr. Charles Kohls
8043 Weelaunee Drive
Pickett, WI
Charles:
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Re: Your rental property at
824 Jackson Street, Oshkosh
I am writing you to inform you of the problem that corner of the backyard
adjacent to the two fences that is filled almost three feet high now with
decaying leaves, papers, dead tree branches, that sMall dead tree which
shollld be cut down, boards, which now the man there set up against the
pickett fence so he could bulld up the lea.ves pile, 80 the leaves would not
filter through into my flower garden there. He jURt got through raking
the backyard and neatly filled that corner with more leaves, increasing
the height of the pile to over half of the height of my fence. Aside from
thAt looking terrible and a danger to children who play there In the leaf
pile, which may contain rusted nails, bugs, etc., I would not care, eveb
though it is an eyesore and a sloppy way to keep a backyard properly, as
that is none of my business, HOWEVER when these devastating, destructive
CARPENTER ANTS nest under that'mess and come over into my property, get in
the. house foundation, build nests there, crawl up into the rooms of the
house, up and on the kitchen cupboards, walls, etc., THEN IT BECOMES NOT
ONLY MY BUSINESS, but YOURS and your tenants who created thB.t pile there
in the first place. This is a serious situation for me, and with all my
problems and expenses I have had with this~use since moving in, I cantt
put up with this, and 1.n your place, you would not want to either. I did
not realize until one of the workers here seen these ants crawling around
outside, and especially the train to and from your property thrash corner
there. It was hideous to see outside, and even more so IN my rooms. I
realize you, nor that man there who does the raking, is7R~are of this, so
that is why I am writing you, as owner and landlord there, to please remove
th~t pile of waste just as soon as YOU can, as when th~ warmer weather and
rains come, with more dampness, the breeding ground there underneath will
only multiply, and may even go to the direction of .Y9~r"house there. Now
with cleaning up that corner, cut down that sm8.11 dead tree, .this may ellmi
nate the problem. If they still remain in that area after, the pestcontro
company will have to spray it thoroughly. I talked with the pest control
man, and they won't spray within my basement or rooms with my chronic pul-
monary diseases for real fear that it could even damage my lungs more, or
perhaps even cause cancer, as the fumes would just sear my lungs, which
conditione are painful enough now a~ they are, and then they would be liabl
I don't know what arrangement you have wi th your tenant tha.t rakes and ta~e
care of the lawn, but I am sure you did not mean for him to build that wast
pile, but dispose of that stuff like others do-off the property.
ALSO, someone is knocking out plcketts in the fence since I moved here, and
some were out when I moved here already. I have had the carpenter fix and
replace many about four times now at great cost to me, and now there are tw
out again. I have not had the time to sit out there and watch who is doing
this, but now with the work completed here, I will have the time to do so.
Do you have any tenants there with boys that might be doing this? I would
also appreciate your inquiring with them in this regard. I cantt afford the
constant expense of their being put back, or replacement and painting.
Continued on next page----
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Jr. Charles Kohls
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May 7, 1995
I try to do the best I can in my circumstances to .keep my place up, neat,
and debris free, and I expect adjacent owners to do the same. It is very
difficult for me in my health condition and age, and now I am up only part
of the day.
I would appreciate your understanding and cooperation in taking care of
thl! as soon as possible.
Thank you very much.
SIncerely,
Sheldon Fiedler
825 Franklin Street
Oshkosh
CC:Flle
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P.O. Box 1603
Oshkosh, WI 54902-1603
Cctober 2, 1993
Mr. Charles Kohls
8043 Weelaunee Drive
Pickett, \oJ1:.l.
Dear Mr. Kohls:
Be: Your. property a t 82~, Jackson Street
En~oa.ohment of' Your Trees-
Invasion of' Branches and Roots
I spoke to you over the telephone over a w~ek ago in regard to the trees
at the rear of your property. So far nothing has be~n don~ about this
serious aituB.tion. As I pointed oub to you, huge braniJhes are laying
over my garage roof, are over the back end .of the house, and even
approaching the top of the second floor of my house. You have left this
situation ~et way out of hand~ with resultant damages to my property.
The roots are also raising the concrete at the rear of the garage, have
done damage to the house and garage itself, and the fence.. According
to the law all this is a serious matter. It has gone far beyond the point
of mere trimming-the trees should be removed, incluclng the roots, to
prevent more 4~age, especially to the garage floor.
S1nce this is YOUP. legal responsibility, please have this matter taken
care of at once before further damag~ensues, otherwise I will be forced
to take legal action.
More than one person has looked over the situation, photos have been
taken, and repairs for the damage caused are being made.
r am a senior citizen with various health problems, and can hardly make
things go on retirement income as it is, especially with all the repairs
that have to be mad~ inside the house, having just bought it. ! am
concerned and particular about my property, as should you be, and I would
never let such a thing go as long as you have to the point of being a
nuisance and causing damages to another neighbor's property. How would
you like it if our positions were reversed?
I am not living there yet, but moving things 1n gradually over a period
of weeks, as I have to do in my health situation. I should be moved tn
in several weeks. I receive no mail to the house. It all comes to my
post office box. My phone number here in Neenah area is 727-4559. ~1-
though the best ttme to reach me 1s in the evening, I anl back and forth
daily, and even stay at the house there for parts of days and nights,
and soon may for a couple weeks while the workmen are at work on the
house.
It is my sincere hope that this matter can be resolved between us
amicably without having to resort to court action.
Very truly yo~rs,
CO-File
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Sheldont. Fiedler., Owner
825 Franklin Street