HomeMy WebLinkAboutLetter (violations) - 07/22/2003 JAMES J. WILLIAMSON GABE BOUCK, 1849 -1904
TIMOTHY M. DEMPSEY DEMPSEY, WILLIAMSON, LAMPE, YOUNG, KELLY JOHN F. KLUWIN, 1893 -1931
RONALD L. LAMPE GEORGE HILTON, 1885 -1942
TIMOTHY R. YOUNG & HERTEL, LLP F WILLIAM C. BOUCK, 1895 -1955
JOHN M. KELLY A WISCONSIN LIMITED LIABILITY PARTNERSHIP EDWARD J. DEMPSEY, 1906 -1956
CHARLES J. HERTEL ATTORNEYS AT LAW RAY C. DEMPSEY, 1932 -1960
JOSEPH F. DEMPSEY, 1936 -1972
U.S. BANK PLAZA JOHN E. DEMPSEY, 1935 -1995
P.O. BOX 886 NICHOLAS J. MEEUWSEN, 1970 -1996
OSHKOSH, WISCONSIN 54903 - 0886 LEWIS C. MAGNUSEN, 1946 -1998
BRIAN D. HAMILL OSHKOSH 920/235 -7300 RIPON 920/748 -5415
JULIE M. MASLOWSKI FAX 920 - 235 -2011
PETER J. CULP
July 22, 2003
City of Oshkosh
Inspection Department
Attn: John Zarate
215 Church
Oshkosh WI 54901
Re: Permit issued to Paula Smith
1314 Monroe St. , Oshkosh, WI
1 Dear Mr. Zarate:
We are attorneys for Niemuth Concrete Contractors "Niemuth" with respect to the permit issued
as identified above. At the time Niemuth was engaged to excavate, apply tar and visquine to Ms.
Smith's basement wall and backfill the trench, Niemuth had no way of telling that the drain tile
had originally been improperly installed on top of the footing and that the basement wall had
deteriorated to the point where it needed to be replaced entirely. As I understand it, Ms. Smith is
now trying to obtain the installation of a new basement wall from Niemuth without any increase
in her contract price. Niemuth, as you might understand, is`unwilling to perform such work free
of charge.
Accordingly, Ms. Smith and Niemuth have agreed to go their separate ways. As I understand it,
you have forbidden Niemuth from backfilling the trench until the basement wall is replaced.
Because Ms. Smith will have to engage a masonry contractor to replace the basement wall, I
would appreciate it if you could remove Niemuth from the outstanding building permit as the
contractor in charge. Could you confirm for me that the building permit will be thus amended?
Thank you.
By copy of this letter to Ms. Smith, I am advising her of this request and warning her that
Niemuth assumes no responsibility for any personal injury or property damage that occurs as a
result of the trench being left unfilled until such time as she makes arrangements to have a new
basement wall installed.
f-'
t 1 .;
City of Oshkosh
July 22, 2003
Page 2
Should either of you have any questions, please advise.
Very truly yours,
DEMPSEY, WILLIAMSON, LAMPE, YOUNG, KELLY & HERTEL, LLP
John M. Kelly
JMK:kcs
cc: Niemuth Concrete Contractors
Paula Smith
■
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Building Permit Work Card
Job Address 1314 MONROE ST Permit Number 0102550 Create Date 7/1/2003
Owner STEVEN UPAULA SCHMIDT Contractor NIEMUTH CONCRETE CON
Category 141 - Exterior Remodeling
Type • Building 0 Sign 0 Canopy 0 Fence 0 Raze Plan
Zoning Class of Const: Size Value $3,450.00
Unfinished /Basement 0 Sq. Finished /Living 0 Sq. Ft. Garage 0 Sq. Ft.
Ft.
Rooms 0 Bedrooms 0 Baths 0 ❑ Projection
Stories Height 0 Ft. Canopies 0 Signs 0
Foundation 0 Poured Concrete 0 Floating Slab 0 Pier 0 Other
• Concrete Block 0 Post 0 Treated Wood
Occupany Permit Not Required Flood Plain Height Permit
Park Dedication # Dwelling Units 0 # Structures 0
Use /Nature RES/ Repair basement wall (excavate, straighten, tuck point, backfill with 3' of 3/4" clear stone, dirt over
of Work stone. Replace concrete driveway in same location as existing.
HVAC Contr Plumbing Contr
Electric Contr
Inspections:
Date 7/21/2003 Type Foundation Backfill Inspector John Zarate not approved
Date/Time requested: 7/21/2003 07:32 AM Notice Type: Phone Number: 426 - 5176/232 -9221
Access:
Ready Date/Time: 7/21/2003 07:32 AM Requested By: Paula
0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid
Date 7/25/2003 Type Note Inspector John Zarate
A letter was received from the attorneys representing Neimuth Construction to inform the City that Neimuth is no longer working on this
project. The owner will be responsible for any work and permits after the date of the letter (7/22/2003).
Date/Time requested: 7/25/2003 11:01 AM Notice Type: Phone Number:
Access:
Ready Date/Time: 7/25/2003 11:01 AM Requested By:
0 Reinspect Fee 0 Fee Waived ❑ Reinspect Fee Paid