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i <br />REQUEST FOR COUNCIL ACTION <br />Date: August 17,200S <br />COUNCIL MEETING <br />AUG 22/005 <br />CffVOFORONO <br />Item Nu. I <br />Department Approval: <br />Name: Melanie Curtis ^ <br />Title; City Planner <br />Administrator Approval:Agenda Section: <br />Item Description: <br />Appeal Notice of Violation - Edward Pekarik Jr - 2990 Casco Point Road <br />Zoning District: LR - 1C, One Family Lakeshore Residential <br />List of Exhibits: <br />Exhibit A - Notice of Violation dated 0S-24-0S <br />Exhibit B - 2004 Aerial Photo and Site Photos as of 8-1 7-OS <br />Exhibit C • Relevant City Code Sections <br />Exhibit D - Property Owner’s Appeal Requests <br />Application Summary: <br />In response to a nuisance complaint, a property inspection was performed at 2990 Casco Point Road <br />on May 23, 2005. At that time staff performed the site inspection, noted and documented violations <br />with photos. The property owner was sent a notice of violation letter including the appropriate City <br />Code sections. Staff performed two follow-up inspections. During one inspection sta^* noted that <br />some of the violations had been corrected, and reviewed the remaining violations with the property <br />owner. <br />The property owner has requested an appeal of the violation notice regarding the expired or inoperable <br />vehicles stored on the property. The property owner has submitted additional information attached as <br />Exhibit D regarding his appeal. City Code Section 58-3 regarding junk vehicles and debris requires a <br />vehicle stored outdoors on a property to be operable and displaying current license information. This <br />code section is similar to ordinances found in other municipalities’ codes, and is certainly not unique <br />to Orono. <br />Staff Recommendation <br />The property owner has worked with staff to remove most of the existing violations and a few of the <br />remaining items on the site have been negotiated to extended deadlines with the exception of the <br />vehicles in violation, and numerous vehicle parts. Regarding the vehicle parts, the property owner has <br />indicated that his intention is to sell these items and was unwilling to provide staff with a deadline date <br />for removal. The City provided the property owner with a deadline for appeal to (he Council or for <br />removal or alternate storage of these items, that deadline was June 21. 2005. A reasonable extension <br />was provided to the property owner, however as of today's date, the vehicle parts remain on the <br />property in violation. Allowing for the outdoor storage of vehicle parts, junk and debris, and <br />unlicensed or inoperable vehicles encourages blight. If need be, a property owner could store these <br />types of items in an enclosed building and be within the City’s requirements.