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HomeMy WebLinkAboutNotice Remove / Abate Nuisance - 3/5/2008CITY OF OSHKOSH NOTICE TO REMOVE/ABATE NUISANCE To: Terry A. Carlson Stacey J. Carlson 408 Merritt Avenue 408 Merritt Avenue Oshkosh, WI 54901 Oshkosh, WI 54901 The following parties have an interest in this property and are hereby notified of this action: GSF Mortgage Corporation Mortgage Electronic Registration Systems 15430 West Capitol Drive P.O. Box 2026 Brookfield, WI 53005 Flint, MI 48501-2026 Capital One Bank Corporation Counsel c/o Attorney Julie Rausch 415 Jackson Street Rausch, Sturm, Israel & Hornik SC P.O. Box 2808 2448 S. 102°d St. #210 Oshkosh, WI 54903-2808 Milwaukee, WI 53227-2147 YOU ARE HEREBY NOTIFIED that the two-story building situated on the following described property, to wit: The East Fifty (50) feet, front and rear, of Lot Twenty-two (22) in the SUBDN OF LOT 2 BLK 90, in the Fourth Ward, City of Oshkosh, Winnebago County, Wisconsin, per Leach's Map of 1894. Which premises are owned by you and known as 408 Merritt Avenue has become damaged, deteriorated, dilapidated and/or blighted to such an extent that the building offends the aesthetic character of the neighborhood and produces blight or deterioration by reason of such condition. Based upon the following condition: 1. Failure to complete the installation of weather resistant siding on the house. 2. Failure to install second floor windows that meet the egress requirements. THEREFORE, you are hereby ordered to abate the nuisance(s) noted on this building within thirty (30) days from the date of service of this order upon you. YOU ARE FURTHER NOTIFIED that this order is served upon you pursuant to the terms and provisions of Section 66.0413 Subsection (2) of the Wisconsin Statutes and in such case made and provided. The City of Oshkosh will petition the county circuit court to declare this property a nuisance and obtain a court order directing the owner to remedy the defect and make such repairs and alterations as may be required.:: Furthermore, the City will seek court authorization to raze and remove the affected structure(s) and restore the site to a dust free condition if the court order is not complied with within the time fixed by the court. Additionally, the costs of such razing and removal shall be charged against the property, shall be a lien thereon, and shall be assessed and collected as a special tax. YOU ARE FURTHER ORDERED AND NOTIFIED that should you fail to comply with this order to remove any personal property or fixtures in the above described structure(s) in accordance with Sec 66.0413(1)(1), Wis. Stats., within 30 days from the date of service of this order upon you the City of Oshkosh may store the same, or may sell it, or if it has no appreciable value may destroy the same. In case the property is stored and the amount paid for storage shall be a lien against such property and against the real estate and shall be assessed and collected as a special tax against the real estate if the real estate is owned by the owner of the personal property and fixtures. If the property is stored and not claimed by the owner it maybe sold at the expiration of 6 months after it has been stored. Dated at Oshkosh, Wisconsin, this 5~' day of March, 2008. ACKNOWLEDGMENT Subs 'b d and sworn to before me this da of M c , 2 8 r Notary Public, Stat Qf ~isco~ 'n My commission: U~^ -'~(J Page 1 of 1 DannhofF, Allyn J. From: Dannhoff, Allyn J. Sent: Monday, August 11, 2008 1:54 PM To: 'John Blazel' Subject: Terry Carlson - 408 Merritt John; Inspection this morning reveals satisfactory compliance. Please close and send your bill. Thanks. Allyn 8/11/2008 Page 1 of 1 DannhofF, Allyn J. From: Zarate, John F. Sent: Monday, August 11, 2008 11:06 AM To: Dannhoff, Allyn J. Subject: Merritt Ave Allyn, This place is finished. 8/I 1/2008 Spoehr, Smits &Blazel, LLC ATTORNEYS AT _LAW MILTON SPOEHR CONNIE SMITS JOHN M.BLAZEL JUL 18 2008 DE~F~r~TMENT OF July 17, 2008 co~~~~~~-~ DEVE~oP~EN~r INSrE~`TI~'!(`~a {,£~~iICES DIVISION Mr. & Mrs. Terry & Stacey Carlson 408 Memtt Avenue Oshkosh, WI 54901 RE: Abatement of 408 Merritt Avenue Dear Mr. & Mrs. Carlson: 118 N. Pearl Street Post Office Box 191 Berlin, WI 54923-0191 (920)361-1777 Fax (920) 361-4447 I am contacting you on behalf of the City of Oshkosh regarding the Order to Raze or Repair that was previously served upon you. According to the City, you began working on the property but more recently progress has stalled and the property condition has not been adequately addressed Therefore, unless you contact Allyn Dannhoff, Director of Inspection Services for the City of Oshkosh, within 10 days of the date of this letter and satisfy the City that progress will be made, I have been instructed to proceed with an abatement action in the circuit court. Sincerely, SPOEHR, SMITS & BLAZEL, LLC ' ohn M. Blazel JMB/cab c/ Lc: Allyn Dannhoff Page 1 of 2 Dannhoff, Allyn J. From: John Blazel [ssblaw.blazel@centurytel.net] Sent: Friday, July 11, 2008 2:02 PM To: Dannhoff, Allyn J. Subject: Re: 408 Merritt Ave. Carlson Allyn, I suggest that I send them a letter giving them 10 days to contact you and satisfy you that progress will be made. If they do not respond to you within 10 days I will start an action in circuit court. Should I proceed that way? John ----- Original Message ----- From: Dann_h_off~ Almon J. To: Jo_hn_Blazel Sent: Friday, July 11, 2008 1:41 PM Subject: FW: 408 Merritt Ave. Carlson ~ John; Unfortunately I think we need to proceed in order to force the owners to finish. Your thoughts? Allyn ___ From: Zarate, John F. Sent: Friday, July 11, 2008 12:41 PM To: Dannhoff, Allyn J. Subject: RE: 408 Merritt Ave. Carlson I should have the pictures attached. It is the same as last month, I guess there is a lull in the progress they were making. From: Dannhoff, Allyn J. Sent: Friday, July 11, 2008 7:32 AM To: Zarate, John F. Subject: FW: 408 Merritt Ave. Carlson Please give me a status report on this site. Might, want to take some photos if not wholly complete so we can discuss how we want to proceed. Thank you. From: John Blazel [mailto:ssblaw.blazel@centurytel.net) Sent: Thursday, July 10, 2008 3:42 PM To: Dannhoff, Allyn J. Subject: 408 Merritt Ave. Carlson Allyn, On June 10 you sent an email indicating that we should give this matter another 30 days because progress was being made. Let me know the status at your convenience. John 7/14/2048 Page 2 of 2 John M. Blazel Spoehr, Smits & Blazel, LLC (920) 361-1777 ssblaw.blazel cr,centurytel.net The information contained in this electronic message is attorney-client privileged and confidential information intended only for the use of the individual or entity named above. Such information also is intended to be privileged, confidential and exempt from disclosure under applicable laws. If you are not the intended recipient, be aware that any downloading, copying, disclosure, distribution or use of the contents of this information is strictly prohibited. If you have received this communication in error, please FORWARD this message back to the sender at the email address above, DELETE this message from all mailboxes and any other electronic storage medium and DESTROY all copies 7/14/2008 Page 1 of 2 Dannhoff, Allyn J. From: Dannhoff, Allyn J. Sent: Tuesday, June 10, 2008 8:00 AM To: ssblaw.blazel@centurytel.net Cc: Zarate, John F. Subject: RE: 408 Merritt Ave. Carlson John and John; Lets give it another 30 days to see if it is completed Thanks. Allyn From: Zarate, John F. Sent: Tuesday, June 10, 2008 7:35 AM To: Dannhoff, Allyn J. Subject: RE: 408 Merritt Ave. Carlson This place is almost done. I would estimate that it is about 75% complete. Siding and windows are done facing both streets. I think it is progressing now that the windows are in. From: Dannhoff, Allyn J. Sent: Tuesday, June 10, 2008 7:30 AM To: Zarate, John F. Subject: FW: 408 Merritt Ave. Carlson John, Please do a status inspection and advise me on their progress. Thanks Allyn From: John Blazel [mailto:ssblaw.blazel@centurytel.net] Sent: Monday, June 09, 2008 4:45 PM To: Dannhoff, Allyn J. Subject: 408 Merritt Ave. Carlson Allyn, In April you asked me to calendar this for 30 days to check back with you to see if we need to file suit or not. Please let me know how to proceed. John M. Blazel Spoehr, Smits &Blazel, LLC (920) 361-1777 ssblaw.blazel(i~,centur~tel.net The information contained in this electronic message is attorney-client privileged and confidential information intended only for the use of the individual or entity named above. Such information also is intended to be privileged, confidential 6/10/2008 i Page 2 of 2 and exempt from disclosure under applicable laws. If you are not the intended recipient, be aware that any downloading, copying, disclosure, distribution or use of the contents of this information is strictly prohibited. If you have received this communication in error, please FORWARD this message back to the sender at the email address above, DELETE this message from all mailboxes and any other electronic storage medium and DESTROY all copies 6/10/2008 Window World of Racine/Kenosha 7933 N. 73rd Street • Milwaukee, WI 53223 Racine: (262) 631-0058 Kenosha: (262) 948-1174 Email: windowworldmil@choiceonemail.com rM ~J%`~~ biN~fiN" 0~ "Simply the Besf for Less" Window World of Southeast Wisconsin Window World of Milwaukee 7933 N. 73rd Street • Milwaukee, WI 53223 (414) 434-0100 • (414) 434-0200 Fax Email: windowworldmil@choiceonemail.com Name: ~,Y/'~` ~/ ~~!/'~~.5-U f'7 Install Address: Bill Address: ~• 1 BBB ~® Window World of Fond du L.ac 625 Fond du Lac Avenue''• Fond du Lac, WI 54935 (920) 923-4189 ~; (920) 921-2303 Fax Email: windowworldfdl@choiceonemail.com Phone (h) ~°? ~ ~~~ ~ ~ ~ ~ T ~~~ Vi'i' Y I ~{ "~ ~ U¢,_.-. C~~r7 ~ :1 ~~''? Phone (w) ~~~ `~~~~~ E-mail . _ .,._ -: ~v4 ~ r - ~ t.,~ ~ ~ cs~-~ ~ . ~ i 5 .. c ~ t~ ~~-~ l- ~1 ~ (f F+ //'a. tp _/ ~ / ~ ~ ' ''/ y ~/~ ~ y' f ',-Fry ~~e:.~"~V'..I -C l / '~ C t L ~-7 c~ ~ ~/ f ~1~ ^C71 i ` ~ ~L'f•3 L/~ ~ ~{ ~ ~~ F ~r1 ICJ i? F'! ~.t ~ ~ C)'Y' ~ (.,c`1 i~ ~ ~ P'? ~ ~_ ate. ~..~ ~~ >~ t ~ ~ ~C~. ~ ; t ~~ ~ ~~` ~~~ ~~'.: ~ ~c. t~~ ~' ..; fib. , . 7._ ~ ~ , __ ~ i ~ ~i,? iN5 Vii' ~ ~ C ~ +-~ ~`i Ct C-~-vy~+,~ + ~ t' i~~. ~ IU~~ ~~~~n-~I. ~~ . ;,~ '~i You the buyer may cancel. this transaction at-any time prior to midnight of the third business day after the date of this transac- tion. Notice of cancellation must be in writing postmarked no later than midnight of the following third business day. THIS IS A CUSTOM ORDER NOT FOR RESALE! i< E - ~ {..s~R--ate "1 ~...~. 1 ~f ~~(_ ~`~ . 't ~ t ~ - ~.- ~ ~ Owner Date ale man Date / Owner .. Date ~nih~+o r.,,~., _ n.ini~a~ Ycllnui f'.nrni _ Filo Pink (:nrni - C:i ictnmar Window World of Milwaukee L.L.C. N56W13525 Silver Spring Road Menomonee Falls WI 53051 Sold To Carlson, Terry 408 Merritt Ave Oshkosh. WI 54901 Sales Receipt Date Sale No. 4/3/2008 108-80113 Check No. Payment Method 3111 Check Item Qty Rate Amount Deposit 1 500.00 500.00 As required by the Wisconsin Construction Lien Law, Contractor hereby notifies Owner that Window World of Milwaukee LLC is furnishing labor and materials for construction on (l...nnr'~ T and \11:...7..... \I/..~l.i ..C T.T:1.......1~.... T T /'~ L..... T ..:.. -:..La.. __ l1.... __I- 1_.J _.J Tota $500.00 v ....v v vuVV. •. Lll~av v. •• LlV V1 1111 vv 4Vl1M\. LLI.. 116J Ll.lll llb'll lJ VIl V W1lGl J 1Q1IV C111V Building if not paid in full at completion. If payment is not recieved at completion final balances due are subject to collection by a collection agency. Window World of Milwaukee L.L.C. N56W13525 Silver Spring Road. Menomonee Falls WI 53051 Sold To Carlson, Terry 408 Merritt Ave Oshkosh. WI 54901 Sales Receipt Date Sale No. 4/3/2008 108-80113 ', Check No. Payment Method 518644 Check Item Qty Rate Amount Deposit 1 267.49 267.49 As required by the Wisconsin Construction Lien Law, Contractor hereby notifies Owner that Window World of Milwaukee LLC is furnishing labor and materials for construction on ll., ~ 1 .,.,a un..,l..... u/,...la ,.r n,ra.......1...,. t i ~ >,..., r ,. _~... __ ~..----~_ 1--~ __~ Tota $267.49 •.1 ~ r_.nllu. Yr IIIUVI'v YY VIIV Vl IV1lIWGU1lGG LLI. 11GJ LGlll I1KlIW Vll VW11G1 J IQ11LL GALL Building if not paid in full at completion. If payment is not recieved at completion final balances due are subject to collection by a collection agency. Page 1 of 1 Dannhoff, Allyn J. From: John Blazel [ssblaw.blazel@centurytel.netj Sent: Friday, March 21, 2008 2:15 PM To: Dannhoff, Allyn J. Subject: Carlson 408 Merritt Ave. Allyn, We served the Carlsons. Their 30 days will be up on April 11. Let me know if they do not comply. John John M. Blazel Spoehr, Smits &Blazel, LLC (920) 361-1777 ssblaw blazel~century~tel net The information contained in this electronic message is attorney-client privileged and confidential information intended only for the use of the individual or entity named above. Such information also is intended to be privileged, confidential and exempt from disclosure under applicable laws. If you are not the intended recipient, be aware that any downloading, copying, disclosure, distribution or use of the contents of this information is strictly prohibited. If you have received this communication in error, please FORWARD this message back to the sender at the email address above, DELETE this message from all mailboxes and any other electronic storage medium and DESTROY all copies 3/24/2008 CITATION REQUEST Page 1 of 2 Dannhoff, Allyn J. From: Dannhoff, Allyn J. Sent: Wednesday, February 27, 2008 2:15 PM To: ssblaw.blazel@centurytel.net Cc: Lorenson, Lynn Subject: FW: 408 Merritt 12-2007 John; The attached Chronology has been undated to include events since mid-December. As we discussed please proceed down both avenues: 1. Raze/Abate Notice on the Siding and maintenance issues. 2. Lawsuit/action on the window size issue. As we discussed, we'll pursue both at the same time so the owner is aware action is being taken on both issues. Thanks. Allyn Lynn; Call me if you need further insight on this.'.. Allyn From: Zarate, John F. ' _.__ Sent: Wednesday, February 27, 2008 1:57 PM To: Dannhoff, Allyn J. Subject: 408 Merritt 12-2007 Allyn, I am not able to get the updates to the original format. ABATEMENT ORDER REOUEST• tress of Violation: 408 Merritt Ave, Oshkosh WI 54901 ner• Terry Carlson lress of Owner: 408 Merritt Ave, Oshkosh WI 54901 blem/Violation• • Mun 30-11(A) -Violation of Items 4&5 of planned development area. • Mun 7-34(B)(2)(c) -Egress windows do not meet minimum size requirements. • Mun 17-36(A) -Failure to cover exterior with weather resistant material (siding). Brief history review 1006 October 9 Property owners obtained a permit to install siding and replace 22 windows with windows "in the same location, of the same size, no structural changes". October 10 Ken Gresser completed a property review (original windows in place). October 11 Ken Gresser sent a list of things that need to be done with a request that the owner contact him to establish a mutually agreeable time frame for completion. hlovember 1 John Zarate sent a correction notice regarding the replacement windows that have 2/27/2008 CITATION REQUEST Page 2 of 2 been installed on the second floor as they are smaller than the original window openings. [November 8 John Zarate sent a "second notice" of the original correction notice December 13 . Ken Gresser sent a letter acknowledging that work was being done and asking again that the property owner contact him regarding a progress schedule. 2007 January 12 Terry Carlson called Susan Kepplinger claiming he had no money to replace the second floor windows. January 15 Ken Gresser sent information on the rehab program and an application (no application was submitted). March 1 John Zarate issued a citation for doing work not covered under the building permit March 15 .. In court, John Zarate agreed to adjourn the matter as the owners appeared and said they were going to complete the work. Matter has been adjourned several times since that date. May City staff initiated a PD amendment for smaller second story windows. June 5 Plan Commission denied request for PD amendment. Tune 14 Planning staff sent a letter to owners giving them a compliance date of August 15 August 15 . Owners submitted a written request for an extension of 6-8 weeks for windows to be received after ordering with installation to occur "shortly thereafter". Staff granted extension to November 15. October 10 Building permit expired. NNovember 28 Windows not replaced. Exterior walls have been covered with pink foam insulation board for about a year. 2008 January 4, 2008 A letter was sent to the owners indicating that the citation issued would not be rescinded unless evidence was provided showing progress with the windows. January 17, 2008 A citation was sent from the Zoning Administrator Todd Muehrer for failure to replace the windows in order to comply with Mun 30-11(A) and resolution 06-167. A letter accompanied the citation explaining the reasons. February 13, 2008 The owners did not appear at initial court hearings and were found to be guilty by default.... ttachments: Orders X Photos X Other batement requested by: John Zarate Date: 12/6/07 BATEMENT APPROVAL ivision Supervisor 71~~__ irector of Community Development Date: ity Manager Date• 2/27/2008 Page 1 of 1 Dannhoff, Allyn J. From: John Blazel [ssblaw.blazel@centurytel.net] 3 ~ ~ - l 7 ~ T Sent: Wednesday, February 20, 2008 3:36 PM To: Dannhoff, Allyn J. Subject: 408 Merritt Ave. Allyn, I received the 408 Merritt Ave. file from Lynn. The city can only proceed with a raze action for the failure to install siding.. Installing windows that are too small and not complying with the conditional use permit would not be actionable as part of a raze action. However, those violations could be addressed in another manner. Give me a call when you return so we can discuss the best way to proceed. John M. Blazel Spoehr, Smits &Blazel, LLC (920) 361-1777 ssblawb azel cz~centurytel.nct The information contained in this electronic message is attorney-client privileged and confidential information intended only for the use of the individual or entity named above. Such information also is intended to be privileged, confidential and exempt from disclosure under applicable laws. If you are not the intended recipient, be aware that any downloading, copying, disclosure, distribution or use of the contents of this information is strictly prohibited. If you have received this communication in error, please FORWARD this message back to the sender at the email address above, DELETE this message from all mailboxes and any other electronic storage medium and DESTROY all copies ~( ~~~, D r- ~' cr..~- f ~~_( ~.r c.~~-'V-~'c ct ~-~C/~~C.t1~- e~-•1 `! WL w-e_.e.~--~kt~-erl-L~ " ~ ` ~-_.__ ~-~ Sri ~~~~ ,~ ~~ `~ ~ c~ ~~ ~ ~~ 2/22/2008 City of Oshkosh - De t of Communi Develo m p ty p ent ` Inspection Services Division PO B~rox 11 01HKOlH 215 Chnrch Ave ON THE WATER Oshkosh, WI 54903-1130 Ph (920) 236-5050 Fax (920) 236-5084 MEMORANDUM TO: Lynn Lorenson, Assistant City Attorney FROM: Allyn Dannhoff, Director of Inspection Services DATE: December 13~h, 2007 RE: Abate Orders: 408 Merritt Ave Attached are copies of the approved Abatement Requests for this property. The report provides more detailed information on the violations involved. The case involves the owner's failure to: 1. Complete the siding. 2. Provide egress windows for second floor bedrooms (previous windows were larger (and possibly compliant with egress requirements) and the local building code does not permit installing windows that would create a greater non-conformity.) 3. Comply with the Planned Development requirements adopted for this neighborhood (call Susan Kepplinger, Principal Planner at 920-236-5059 for further insight on this aspect.) Please pursue Abatement action on this case. If you need assistance or additional information from this office, please advise. ABATEMENT ORDER REQUEST: Address of Violation: 408 Merritt Ave, Oshkosh WI 54901 Owner: Terry Carlson Address of Owner: 408 Merritt Ave, Oshkosh WI 54901 Problem/Violation: • Mun 30-11(A) -Violation of Items 4&5 of planned development area. • Mun 7-34(B)(2)(c) -Egress windows do not meet minimum size requirements. • Mun 17-36(A) -Failure to cover exterior with weather resistant material (siding). Brief history review: 2006 October 9 Property owners obtained a permit to install siding and replace 22 windows with windows "in the same location, of the same size, no structural changes". October 10 Ken Gresser completed a property review (original windows in place). October 11 Ken Gresser sent a list of things that need to be done with a request that the owner contact him to establish a mutually agreeable time frame for completion. November 1 John Zarate sent a correction notice regarding the replacement windows that have been installed on the second floor as they are smaller than the original window openings. November 8 John Zarate sent a "second notice" of the original correction notice. December 13 Ken Gresser sent a letter acknowledging that work was being done and asking again that the property owner contact him regarding a progress schedule. 2007 January 12 Terry Carlson called Susan Kepplinger claiming he had no money to replace the second floor windows. January 15 Ken Gresser sent information on the rehab program and an application (no application was submitted). March 1 John Zarate issued a citation for doing work not covered under the building permit.. March 15 In court, John Zarate agreed to adjourn the matter as the owners appeared and said they were going to complete the work. Matter has been adjourned several times since that date. May City staff initiated a PD amendment for smaller second story windows. June 5 Plan Commission denied request for PD amendment. June 14 Planning staff sent a letter to owners giving them a compliance date of August 1 S. August 15 Owners submitted a written request for an extension of 6-8 weeks for windows to be received after ordering with installation to occur "shortly thereafter". Staff granted extension to November 15. October 10 Building permit expired. November 28 Windows not replaced. Exterior walls have been covered with pink foam insulation board for about a year. 2008 January 4, 2008 A letter was sent to the owners indicating that the citation issued would not be rescinded unless evidence was provided showing progress with the windows. January 17, 2008 A citation was sent from the Zoning Administrator Todd Muehrer for failure to replace the windows in order to comply with Mun 30-11(A) and resolution 06-167. A letter accompanied the citation explaining the reasons. February 13, 2008 The owners did not appear at initial court hearings and were found to be guilty by default. Attachments: Orders X Photos X , Other. Abatement requested by: John Zarate Date: 12/6/07 ****************************************************************************** ABATEMENT APPROVAL Division Supervisor Date• Director of Community Development ~ Date: City Manager Date• City of Oshkosh Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, W 154903-1130 (920) 236-5059 (920) 236-5053 FAX ~~~ ON THE WATER January 4, 2008 Terry and Stacey Carlson 408 Merritt ' Oshkosh, WI 54901 RE: Citation Mr. and Mrs. Carlson, JACKSON R. KINNEY Director You have requested that the City rescind the citation issued to you and once again extend the compliance date for installation of appropriate windows on the second floor of your home. Susan Kepplinger informed you on December 18 that the City would consider your request after you have provided documentation of the fact that the windows have indeed been ordered. Until that documentation is provided to Susan, the citation you received will remain in effect and, without evidence of progress on the windows, you are at risk of receiving additional citations. If money is an issue, please contact Susan at 236-5058 to see if you are eligible for a housing rehabilitation loan. If you have any questions regarding this contact me at 236-5119. , Sincerely, ~~w-~- ©~r~ F Zar~-f~ ~~f~ ~l ON THE 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 January 17, 2008 TERRY A. CARLSON 408 MERRITT AVENUE OSHKOSH, WI 54901 Re: 408 Merritt Avenue Dear Mr. Carlson: ~o,~,~ 2, e ~~ 7 JACKSON R. KINNEY Director The City of Oshkosh Department of Community Development has not received any documentation from you that indicates the required windows for your home have been ordered. Since you have not addressed this issue to date, you are also subject to code violations related to the standards set forth in Resolution 06-167. As you will recall, the Plan Commission denied your Planned Development Amendment on June 5~', 2007. Subsequently, a court date for allowing continued code violations on the property has been scheduled for February 13, 2008 at 9:00 AM in Room 194 of the Safety Building located at 420 Jackson Street. Respectfully, Todd M. Muehrer Associate Planner/Zoning Administrator Cc: Property File r I:1PlanninglZoning AdministrationlCitation LettersW08 Merritt Avenue Notice letter.doc CITY OF OSHKOSH, WISCONSIN Juvenile Yes Incident No. Deposit ~"'' '~"' CITATION Notified Yes S~ "` '""~~ FOR COURT USE ONLY ~_._ STATE DF WISCONSIN THE UNDERSIGNED FOR AND IN BEHALF OF THE ~ THAT SAID DEFENDANT DID CIRCUIT couRr CITY OF OSHKOSH STATES UPON INFORMATION AND BELIEF WINNEBAGO COUNTY ORDINANCE ADOPTING WIS STATS -: _. -~ ' ~ TO WIT ...... AM/PM VIOLATE ~'~ ;• ;~ ,- nu - . AT , , ~ LAST FIRST DEFENDANT MIDDLE '% DESCRIBE VIOLATION , ~ ~ CITY/STATE ~ (HOME) APT. ADDRESS ' ZIP CODE : ' . ~ ~„,. : SCHOOL ADDRESS/PLACE OF EMPLOYMENT/HOME PHONE •~ ~ ~~ BIRTH DATE DRIVERS LICENSE STATE SEX RACE HEIGHT WEIGHT HAIR EYES MARKS, SCARS, TATTOOS ,..... VEH. PLATE EXP. STATE YEAR/MAKE OF VEH. TYPE COLOR ON HVN'/STREET - PRIVATE/PUBLIC PROPERTY PARENT/GUARDIAN ADDRESS + ' PHONE ~. ~, ~ xy. r AT , ! YOU ARE HEREBY SUMMONED TO APPEAR IN THE ABOVE COURT Winnebago County, City of Oshkosh °= 1' = - 9~ - f.... AT 'AM/PM OSHKOSH POLICE DEPARTMENT oN , OFFICER'S SIGNATURE ".i .••*~-^""•°"~-"'"°""~ NUMBER .~ ~ , "' ` ~ LOCATED AT SAFETY BUILDING, RM: 194, 420 JACKSON ST., OSHKOSH, WI 54903-2808 -- ~ ` ~,..c i • : '" ... ___ (DEFENDANT WPYI .' .. .. : . - ri.. x w 1^ .. ~. - CITY OF OSHKOSH WIS CONSIN juvenile Yes Incident No. Deposit ~,. ~. SUMMONS Parents Notified Yes S~ ~"~, ~" FOR COURT USE ONLY STATE OF WISCONSIN THE UNDERSIGNED FOR AND IN BEHALF OF THE " CIRCUIT COURT THAT SAID DEFENDANT DID wINNEBAGO COUNTY CITY OF OSHKOSH STATES UPON INFORMATION AND BELIEF .,.,.. ,.,.,, , ~ .~- ORDINANCE ON ' .. ~ . .~- t ~ AT .` ;~ ~I; AM/P,M•`VIOLATE ~ ~ ~ y ~ ~ ' , ADOPTING WIS STATS T ' "° ~ ' r DEFENDANT SST FIRST MIDDLE O WI DESCRIBE VIOLATION P ADDRESS (HOM a,~ APT. CITY/STATE ZIP' CODE /jJJpp p ' ' l SCHOOL ADDRESS/PLACE OF EMPLOYMENT/HOME PHONE BIRTH DATE DRIVERS LICENSE STATE - SIX RACE HEIGHT WEIGHT HAIR EYES MARKS SCARS TATTOOS , , _ VEH. PLATE EXP. .STATE YEAR/MAKE OF VEH. TYPE COLOR `s . ~~; if », _.;' ,~. - , ': ON HWY/STREET PRIVATE/PUBLIC PROPERTY PARENT/GUARDIAN ADDRESS- I PHONE x ~ AT YOU ARE HEREBY SUMMONED TO APPEAR IN THE ABOVE COURT ' Winnebago County, City of Oshkosh ON : ' _ ~ "~ ' =^ ° -- , AT ?y `~ AM/PM City Attorney ity of Oshkosh FAILURE TO APPEAR MAY RESULT IN JUDGEMENT AGAINST YOU SUSPENSION , OF DRIVING PRIVILEGE, WARRANT FOR YOUR ARREST OR JAIL. _ oFFICER's SIGNATURE "," ~ -=.r NUMBER +~ LOCATED AT SAFETY BUILDING, RM. 194, 420 JACKSON ST., OSHKOSH. WI 5asaaaana .:,' ~~'' =`-%' : ` '"'" (DEFENDANT COPY) City of Oshkosh -Dept of Community Development Ins ection Services Division ox 215 Church Ave Oshkosh, WI 54903-1130 Ph (920) 236-5050 Fax (920) 236-5084 MEMORANDUM TO: Lynn Lorenson, Assistant City Attorney FROM: Allyn Dannhoff, Director of Inspection Services DATE: December 13tH, 2007 RE: Abate Orders: 408 Merritt Ave H ON THE WATER Attached are copies of the approved Abatement Requests for this property. The report provides more detailed information on the violations involved. The case involves the owner's failure to: 1. Complete the siding. 2. Provide egress windows for second floor bedrooms (previous windows were larger (and possibly compliant with egress requirements) and the local building code does not permit installing windows that would create a greater non-conformity.) 3. Comply with the Planned Development requirements adopted for this neighborhood (call Susan Kepplinger, Principal Planner at 920-236-5059 for further insight on this aspect.) Please pursue Abatement action on this case. If you need assistance or additional information from this office, please advise. ABATEMENT ORDER REQUEST: Address of Violation: 408 Merritt Ave, Oshkosh WI 54901 i Owner: Terry Carlson Address of Owner: 408 Merritt Ave, Oshkosh WI 54901 Problem/Violation: • Mun 30-11(A) -Violation of Items 4&5 of planned development area. • Mun 7-34(B)(2)(c) -Egress windows do not meet minimum size requirements. • Mun 17-36(A) -Failure to cover exterior with weather resistant material (siding). Brief history review: 2006 October 9 Property owners obtained a permit to install siding and replace 22 windows with windows "in the same location, of the same size, no structural changes". October 10 Ken Gresser completed a propertyreview (original windows in place). October 11 Ken Gresser sent a list of things that need to be done with a request that the owner contact him to establish a mutually agreeable time frame for completion. November 1 John Zarate sent a correction notice regarding the replacement windows that have been installed on the second floor as they are smaller than the original window openings. November 8 John Zarate sent a "second notice" of the original correction notice. December 13 Ken Gresser sent a letter acknowledging that work was being done and asking again that the property owner contact him regarding a progress schedule. 2007 January 12 Terry Carlson called Susan Kepplinger claiming he had no money to replace the second floor windows. January 15 Ken Gresser sent information on the rehab program and an application (no application was submitted). March 1 John Zarate issued a citation for doing work not covered under the building permit.. March 15 In court, John Zarate agreed to adjourn the matter as the owners appeared and said they were going to complete the work. Matter has been adjourned several times since that date. May City staff initiated a PD amendment for smaller second story windows. June 5 Plan Commission denied request for PD amendment. June 14 Planning staff sent a letter to owners giving them a compliance date of August 15. August 15 Owners submitted a written request for an extension of 6-8 weeks for windows to be received after ordering with installation to occur "shortly thereafter". Staff granted extension to November 15. October 10 Building permit expired. November 28 Windows not replaced. Exterior walls have been covered with pink foam insulation board for about a year. i Attachments: Orders X Photos X , Other. Abatement requested by: John Zarate ! Date: 12/6/07 ABATEMENT APPROVAL ///,~ Division Supervisor ~~. ~ t ._ .ti ~ nAtA_ /) / /A I, Director of Co nity Devel went Date:~~ ~C~ !7 City Manager Date• INSPECTION SERVICES DIVISION ROOM 205 CITY OF OSHKOSH DEPARTMENT OF COMMUNITY DEVELOPMENT 215 CHURCH AVE OSHKOSH CORRECTION NOTICE PO Box 1130 OSHKOSH WI 54903-1130 ON THE WATER ', Issue Date 12/13/2007 Compliance Date 11/15/2007 Compliance No Address 408 MERRITT AVE Name ', Address City State Zip Code Sent to / Owner TERRY A/STACEY J CARLSON 408 MERRITT AVE OSHKOSH WI 54901 -0000 Required for Occupancy Occupancy Introduction Item # 1 Description 12/13/2007 Last Updated Failure to comply with an agreement with the City of Oshkosh planning department has resulted in building code violations to xist. i Code Mun7-34(B)(2)(c) Compliance No Compliance Date 11/15/2007 Egress windows do not meet minimum size requirements. 13383 Page 1 of 2 ~1 OSHKOSH ON THE WATER Issue Date 12/13/2007 Address 408 MERRITT AVE INSPECTION SERVICES DIVISION ROOM 205 DEPARTMENT OF COMMUNITY DEVELOPMENT CORRECTION NOTICE Compliance Date 11/15/2007 CITY OF OSHKOSH 215 CHURCH AVE PO Box 1130 OSHKOSH WI 54903-1130 Compliance No Name Address City State Zip Code Sent to / Owner TERRY A/STACEY J CARLSON 408 MERRITT AVE OSHKOSH WI 54901 -0000 Required for Occupancy Occupancy Introduction ailure to comply with an agreement with the City of Oshkosh planning department has resulted in building code violations to Kist. i Item # 2 Description 12/13/2007 Last Updated Summary Code Mun 17-36(A) Compliance No Compliance Date 11/15/2007 ailure to exterior of the structure with a weather resistant material (siding). violations need to be corrected to avoid further enforcement action. The deadline to comply with the agreement 1 ig department has passed. Please contact me within the next five (5) days to discuss this issue. Office hours are y-Friday 7:30-8:30am and 12:30-1:30pm. jz 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 11/15/2007 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 /Z /3 ~7 Inspected by: John Zarate 236-5119 jzarateQci.oshkosh.wi.us I hereby certify the violations listed on this report have been corrected in compliance with the applicable codes. Print Name Signature Also Sent to: Bldg Elec HVAC Plbg Designer Other Inspector Company Date 13383 Page 2 of 2 ~~ LJ OSHKOSH ON THE WATER Issue Date 11/1/2006 1/8/2007 Address 408 MERRITT AVE Sent to Introduction INSPECTION SERVICES DIVISION ROOM 205 DEPARTMENT OF COMMUNITY DEVELOPMENT CORRECTION NOTICE Compliance Date 12/1/2006 Name / Owner TERRY A/STACEY J CARLSON Item # 1 Description 11/01/2006 Last Updated Summary Vhile conducting a routine neighborhood inspection it was noted that some of the windows that were replaced were reduced ii ize. I Code 7-29 Compliance No Compliance Date 12/01/2006 at any time the building inspector finds that any ordinance is not being complied with he shall revoke the building permit. i Please contact me within the next ten days to discuss this issue. Office hours are Monday-Friday 7:30-830am and 12:30-1:30pm (236-5119) or Susan at 236=5058. At this time, the permit is revoked.Citations are enclosed. You are schedu~^^' to appear in court on March 14, 2007 at 10:OOAM. j 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 12/1/2006 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 Inspectedby: John Zarate 236-5119 jzarate(~ci.oshkosh.wi.us I hereby certify the violations listed on this report have been corrected in compliance with the applicable codes. Print Name Signature Also Sent to: Bidg CITY OF OSHKOSH 215 CHURCH AVE PO Box 1130 OSHKOSH WI 54903-1130 Compliance No Address City State Zip Code 408 MERRITT AVE OSHKOSH WI 54901 -0000 Required for Occupancy Occupancy Single Family Company Date Elec HVAC I Plbg Designer ~~ Other / Inspector 11928 Page 1 of 1 X08 Merritt I, '~ ~ /~ ~ ~ ~ ~9 '' . ~ f' ~, ' ' ±' ~' 1 ~- - .~ 9 ~ _ ~ ~ - .-R-~ ~_ ~,~ ~~ .. ~ jay 9 ~ i. y ~ ~~~ I i.i _ `z ~ ~; i~ ~- ; ;. ~~ ~ ~ ~~ ~, ,, ,~ ~ i ,.~~ _-- ~~ -fir ~ ~ ~~ - F. ~ ~.:_ r1 :~ ~ ~ ~ ~- ~'' ~ s_'-.--~._ - ! i~t'~i u f ._n~ _.1P s ~ `aGJ~1 - ~.~a.. X08 Merritt 3-1-~ ..~ ~. i Taken by.John Zarate Violation(s) of at X08 Merritt i ` I !~~ iy - ~ it I f F°e ` Ilk ~' -_{ ~~ ~ 41 --!S p S U - - o~ F4' ~YlIIV.~ .v~~ ~ tF~i ~ _ i, _._ _ • ~ 9 . , ~ ~ ~ ` .~~ ,~:~ ~y i -w ~I- ;: ;. V1.3 [+f~!~ ~ s X08 Merritt 3-la Taken by.John Zarate ~E :¢ I ., ~ ~, , _. ed e City of Oshkosh SECTION 30-9 ANNEXATION Municipal Code 8/31 /06 Prior to the adoption of any Ordinance annexing property to the City, the City Plan Commission shall recommend to the Common Council the zoning district, or districts, for the property proposed to be annexed. All Ordinances hereafter adopted annexing property to the City shall include a provision which determines the zoning district or districts for the property annexed. (See Section 62.07(1) of the Wisconsin Statutes) SECTION 30-10 PLATS AND SUBDIVISIONS Any regular plat or subdivision within the City, in order to receive the approval of the Common Council, must have the streets laid out and graded to a grade established by the City Engineer and approved by the Common Council, which street shall provide access in all lots in the plat and shall be surfaced with gravel or other approved material so as to accommodate ordinary traffic. Any assessor's plats ordered by the Common Council need not conform to the requirements. of this Section. SECTION 30-11 CONDITIONAL USE PERMITS i (A) Conditional uses may be located in certain districts under certain conditions and structures may be built higher than otherwise allowed with issuance of a conditional use permit by the Common Council after referral to the Plan Commission for recommendation. (B) Action by Plan Commission j The Plan Commission shall review a request for a conditional use permit and make a report and recommendation of denial, approval, or approval with conditions it may deem appropriate to the Common Council I (C) Action by the Common Council The Common Council shall act to deny, approve, or approve with conditions any conditional use permit before them for consideration. i (D) Standards When reviewing a conditional use permit, the Plan Commission and Common Council shall take into consideration, among other things, the particular facts and circumstances of each proposed use in terms of the following standards and shall find adequate evidence that such standards are being satisfied. i No conditional use shall be recommended for approval or approval with conditions by the Plan Commission, and approved or approved with conditions by the Common Council, unless it shall find the conditional use: (1) Wilt not have a negative effect upon the health, safety, and general welfare of occupants of surrounding lands; and (2) Will be designed, constructed, operated, and maintained so as to be harmonious, and be appropriate in appearance with the existing or intended character of the general vicinity, and that such a use will not change the essential character of the same area; and i (3) Will not be hazardous or disturkiing to existing or future neighboring uses; and I (4) Will not be detrimental to property in the immediate vicinity or to the community as a whole; and City of Oshkosh Chapter 30 -Page 26 Municipal Code MAY 9, 2006 06-167 RESOLUTION CARRIED 6-1 LOST 'LAID OVER WITHDRAWN ) PURPOSE: GRANT CONDITIONAL USE PERMIT; APPROVE PLANNED DEVELOPMENT /NEAR EAST NEIGHBORHOOD REDEVELOPMENT AREA INITIATED BY: DEPARTMENT OF' COMMUNITY DEVELOPMENT PLAN COMMISSION RECOMMENDATION: Approved w/conditions BE IT RESOLVED by the Common Council of the City of Oshkosh that a conditional use permit is hereby granted to set forth parameters fora planned development of the area known as the ..Near East Neighborhood Redevelopment Area, generally located south of E. Lincoln Avenue, north of Northwestern Avenue, east of Broad Street, and west of N. Main Street, as shown on the attached "Exhibit A", with the following conditions: j 1) Existing legal conforming multiple family and commercial structures be considered legal conforming uses until such time as they are removed or damaged in excess of 50% of their assessed value. 2) Any new multiple family structures or an expansion to existing multiple family structures not be permitted unless a specific development plan is brought forward and found acceptable by the Plan Commission and Common Council through the .review and approval process set forth for planned development districts. 3) For new one or two family 'structures, proposed additions and exterior remodeling/ rehabilitation projects to one or two family structures, or proposed garages, accessory structures and fences in the district generally, no additional Plan Commission or Council review and approval be required, as long as base standards of the R-2 District and the CUP/PD are complied with. 4) New development, additions, ',and exterior remodeling projects shall be undertaken in a manner that reflects the general historic architectural character of the area and that building plans be subject to review and approval by the Department of Community Development prior to building permit issuance. If the Department denies plans, applicants have the option to seek review and approval of said plans from the Plan Commission. 5) General Standards for Development shall include: (a) The primary entrance for the principal structure shall be located on the facade facing a public street. i MAY 9, 2006 6) (7) 06-167 RESOLUTION CONTD (b) Structures shall 'be designed to reflect the general style, construction materials and site placement of the surrounding properties and properties in the area. Elements in this provision include but are not limited to building height and scale, roof pitch, primary materials, fagade detailing, size and placement of window and door openings as well as setbacks for the principal and accessory structures. (c) Detached garages are encouraged. Whether detached or attached, the garage shall be 20 ft. back from the front fagade of the principal structure. Detached garages no larger than 800 square feet -may exceed 30% of the rear or side' yards on substandard lots of record. Where garages are constructed under this provision, no storage shed will be permitted. Single and Two Family Dwelling Parking Standards for Substandard Lots Passenger vehicle parking for single or two family lots of record platted on or before July, 1965, with less than 60 ft. of width/frontage or less than 100 ft. of depth are regulated as follows: !. (a) Driveways shall be considered legal "stacked" parking spaces provided that each space is no less than 9 ft. in width and 18 ft. in depth. (b) Open parking areas, including driveways as discussed above, are permitted within the following setbacks: (i) A front yard setback no less than the setback of the front facade of the principal structure. (ii) Side yard setback between front and rear fagades of principal structure of no Tess than 6 inches. (iii) Side yard setback past rear facade of the principal structure and the rear lot line of no less than 2.5 feet. (iv) Rear yard setback no less than 2.5 feet. (c) Open parking situated beyond the rear fagade of the principal structure must ' be screened with a minimum of 5 ft. tall vegetation, fencing or other material that creates a solid screen, impervious to sight from .adjacent properties, excluding views from the side of the lot where access is provided. (d) Open parking spaces located beyond the rear facade of the principal structure may be; reduced in depth to 16 ft. provided permanent wheel stops are supplied. (e) Impervious surtace! associated with rear yard parking shall be no greater than 50% of the total rear yard area. On an interior residential lot, the'. front yard setback for a principal single or two family structure may be the average of the existing front yard setbacks of all homes on the same side of the block from intersecting street to intersecting street, but not less than 10 feet