04-28-2003 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE ORONO CITY COUNCIL MEETING Monday, April 28, 2003 7:00 o'clock p.m. 7. #03 -2880 FRED JOHNSON, 1926 FAGERNESS POINT ROAD, Continued Sansevere was torn by the fact that it was Mr. Johnson, the builder, who should be penalized for these actions, and not the new homeowners who've been caught in the middle of these circumstances. Mr. Knutson commented that Mr. Johnson had hired his services to make alterations to plans on the interior and draw up decks on the exterior per his instructions. • Mrs. Chwialkowski brought up several key items for consideration with regard to the timeline, first that the permits were granted in May 2001, the final inspection took place in March of 2002 with the certificate of occupancy issued in May of that year. She noted that during the course of construction, 14 independent inspections took place by both the building inspector and building official, and at no time were the improper decks noticed. During the Planning Commission meeting last week, Commissioner Mabusth had suggested that potential new owners check the address file before purchasing a home to try to get a clear understanding of any ongoing issues related to a new home. Mrs. Chwialskowski indicated that she visited the City that day to examine the address file of her property, and found nothing to indicate there was a problem that would have deterred her from purchasing the home. She mentioned that the Commission had also suggested the new owners take civil action against the builder, noting that this would cost a considerable amount of money and time. While she could take action, she maintained that there is a defense due to the confusion with the plans, the 14 inspections, and the final issuance of the • certificate of occupancy. Mrs. Chwialkowski stated that, of course, she is very angry with the builder for causing them this headache. She stated that, as the new owners who have to be stuck with the Council's decision, they really would like to keep the decks, as they were integral reason of their purchasing this small home. Sansevere asked if the City had any recourse against Mr. Johnson for knowingly violating the codes this way. He found it difficult to penalize the new home owners, since the City's own inspectors mistakenly signed off on the home. While no other fining apparatus would be available to the City, Attorney Barrett stated that the City could attempt to file a violation of the building code, but would need to prove intent. Sansevere urged staff to pursue Mr. Johnson and was angry that the applicant had pulled, what appears to be, a fast one on the City and isn't here to address the Council's concerns. He indicated that, ethically, he would need to support the new home owners. Barrett commented that based on a memo, dated 4/10/03, from Lyle Oman to the applicant, clearly a timeline has been established that would support that by June of 2002 the applicant was well aware that his decks were illegal. He added that, the mere fact, that the building inspector is PAGE 6 of 14