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Appeal Notice of Violation — Paul & Mary Kaster— 2600 Casco Point Road <br /> In response to a nuisance compiaint, I performed a property inspection at 2600 Casco Point Road on <br /> May 23, 2005. At that time, I met with the property owner Mr. Kaster and we walked the site together. <br /> During the inspection I observed materials on the property which were being stored in violation to City <br /> Code. I noted those items in violation, explained which items were in violation to Mr. Kaster and <br /> those violations were documented with photos. I informed Mr. Kaster that I would follow up my <br /> inspection with a letter documenting the violations and instructions on what could be done to bring the <br /> property into compliance along with a deadline date for compliance or appeal to City Council. <br /> Mr. Kaster has worked closely with staff and has removed most of the violations. The remainder of <br /> the materials on the site have been negotiated to extended deadlines or are allowed to remain with <br /> the exception of the tractor/backhoe. The Council should discuss whether or not the backhoe/tractor <br /> is defined by City Code Section 78-1577(5) as "special mobile equipment" and would therefore be <br /> prohibited within Residential Districts. <br /> Special Mobile Equipment Definition: <br /> Special mobile equipment means every vehicle not designed or used primarily for the <br /> transportation of persons or property and only incidentally operated or moved over a <br /> highway, including but not limited to: ditch digging equipment, moving dollies, pump <br /> hoists and other well-drilling equipment, street sweeping vehicles, and other machinery <br /> such as asphalt spreaders, bituminous mixers, bucket loaders, tractors other than truck- <br /> tractors, ditchers, leveling graders, finishing machines, motor graders, road rollers, <br /> scarifiers, earth-moving equipment. The term does not include travel trailers, dump trucks, <br /> truck-mounted transit mixers, truck-mounted feed grinders, or other motor vehicles <br /> designed for the transportation of persons or property to which machinery has been <br /> attached. <br /> Mr. Kaster has provided the Council with support statements from neighboring property owners and <br /> would like those comments taken into consideration. <br /> The Council action requested this evening is to direct the staff how the tractor/backhoe should be <br /> addressed. Should the Council findings remain consistent with the staff interpretation please provide <br /> the property owner with a deadline for removal. <br /> 78-1577(5) �Prohibited parking or storage.J Outdoor parking or storage of special <br /> mobile equipment as defined in this section shall be prohibited in any "R" district. <br /> �� ����v���� <br /> a ������� <br /> �� <br /> �� <br /> � J <br /> v� <br />