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FREDRIKSON & BYRON, P.A. Attorneys At Law Lyle Oman 8 October 1998 Page 2 your letters to Mr. Olson, the stoop does not meet code due to its negative pitch towards the house. Further, the crack is not merely cosmetic, but is indicative of a structural defect. The crack in the foundation of the stoop is further evidence of the structural nature of the defect. The stoop must be replaced, and the City has a duty to make that replacement a reality. Further, the septic system was incorrectly installed, does not meet local and state standards, and should not have been approved by the City. The City attempted to resolve the Ames' report of surface discharge by using heavy equipment to place more fill on the mound, which only exacerbated the problems with the septic system. The Ames requested that the City"red tag"the system in early Summer 1998. The City has repeatedly advocated a"wait and see" approach as to whether the system will recover. This approach is no longer satisfactory. At minimum, the system will require extensive repairs which will void any warranty of the system. Accordingly, the Ames are entitled to, and fully expect to receive, installation of a new septic system. In your September 2, 1998 letter to Mr. Olson, you demanded he submit a timeline for repairs within two weeks. Mr. Olson failed to provide a timeline. In your September 15, 1998 letter to Mr. Olson, you demanded that repairs be completed by October 14, 1998, or the City would "initiate legal action." Mr. Olson's letter of October 1, 1998, makes clear that he plans to take no corrective action at all, much less by next Wednesday. There is no reason to believe that allowing Mr. Olson more time to avoid his responsibilities will resolve the situation. The City has allowed Mr. Olson and RKO Homebuilders to avoid compliance with the Building Code and other responsibilities long enough. The Ames are Orono taxpayers, and deserve nothing less than the full efforts of the City in this matter. Please keep me informed on the City's commencement of legal action against Mr. Olson and RKO Homebuilders. Very truly yours, Mark W. Vyvyan MWV cc: Lori and Mike Arne 2185626-1 (1 @%P/o01!.doc)