Laserfiche WebLink
3366 <br /> To: Tom Barrett, City Attorney <br /> From: Lyle Oman, Building Official <br /> Date: June 23, 1995 <br /> Subject: Vern Hubbell - Illegal Fill <br /> Thank you for responding to my memo of June 20, 1995. Since the topographic survey of <br /> January 14, 1980, Mr. Hubbell has filled a large area of his property with illegal fill, without <br /> a conditional use permit and within a wetland setback. Mr. Hubbell was required in writing on <br /> November 1, 1994, December 7, 1994 and verbally on January 20, 1995 to remove the fill, <br /> return the area to existing grades, provide a topographical survey to show it is back to its <br /> original state and establish groundcover. <br /> Enclosed-are photos from early June of 1995. They show fresh grading with no grass or weeds <br /> and various piles of concrete, earth, logs and brush. There have been no removals. It is clearly <br /> an ongoing operation. <br /> As noted in the previous information provided for you, the City did seek criminal prosecution. <br /> A citation was issued and a fine was paid. The City's prosecuting attorney felt that the criminal <br /> prosecution avenue had been exhausted. <br /> Mr. Hubbell was given a conditional use permit application but as of this date has not filed it <br /> with the City. <br /> Therefore, it appears that the only remedy is to sue in order to get a court to order the <br /> appropriate remedy. The City's objective is to require Mr. Hubbell to: <br /> 1. Stop filling. <br /> 2. Apply for a conditional use permit so that the City Council may decide on the <br /> matter and for Mr. Hubbell to abide by these findings and orders. If a CUP is <br /> denied or if Mr. Hubbell does not wish to file one, then: <br /> a. Remove the fill, <br /> b. Restore to original grades, and <br /> C. Establish groundcover. <br /> Please inform me if there is further information needed to proceed with a lawsuit against Mr. <br /> Hubbell. <br /> lsv <br />