05-26-1987 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES OF THE REGULAR ORONO COUNCIL MEETING HELD MAY 26, 1987 CITY ADMINISTRATOR'S REPORT: 43536 LYRIC AVENUE REVOCATION TEMPORARY CERTIFICATE OF OCCUPANCY RESOLUTION #2190 Mr. Henke was present for this matter. City Attorney Blatz explained that in 1982 the previous property owner had died and the City had started taking action to have the house condemned. Mr. Henke contacted the City expressing an interest in buying the property stating that he would fix it up and had no intention of making it his permanent home. Mr. Jacobs worked with Mr. Henke, and given the fact that Mr. Henke was going to build another home on the property, listed certain items which had to be done. When Mr. Henke made it known that he: was going to live in the house permanently, Mr. Jacobs said that he would have to put in a foundation as the house is on cinder blocks with no mortar or cement in between the blocks. Furthermore, Mr. Henke has not demonstrated that the blocks go down into the ground as required by the UBC. Mr. Henke signed a temporary certificate of occupancy agreeing to comply to those two conditions and had until the end of July 1983 to comply. Prior to and since July 1983, Mr. Henke has refused to comply with the agreeded upon conditions. Subsequent to July 1983, a citation was issued and a court hearing scheduled. The court hearing was continued so the City Council could have a hearing _ :on--the matter. Upon review of the matter, the Council gave Mr. Henke until July 1984, to comply and insisted that the conditions of footings and roof repair be met. Since the Council hearing, Mr Henke still has not taken any action. However, another court hearing was set in May 1986. Upon deliberation it was the opinion of the attorney and staff that the remedy needed was not for Mr. Henke to pay a f ine but rather to remedy the house conditions as it posses a danger to the community. In response'• °ta Mr. Henke's assertion that the house is structurally secure, the City has suggested that Mr. Henke contract with a structural engineer for an opinion as to the stability of the house. Mr. Henke has choosen not to go that route. In order to move forward, a hearing on this matter was scheduled for January 31, 1987 before Mr. Campbell, an Administrative -Law Judge. Based on the hearing and the record, Mr: Campbell issued an•opinion that the house is - -structurally unsafe. Mr. Campbell recommended that the temporary certificate of occupancy be revoked and Mr. Henke given a reasonable amount of time to make the structural repairs. 1 1)