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page 2 October 11, 19� Appearance of Chuck Henke 3536 Lyric Avenue used as a permanent structure. In February of ' 83, Henke siqned off on a temporary Certificate of Occupancy (exhibit A) that required the following to be completed: 1 - footings and foundation by July 31, 1983 2 - roof replaced by July 31, 1983 Since the temporary Certificate of Occupancy was issued Henke has had many meetings and "exchanges" with staff. The City agreed to extend the expiration of the temporary Certificate of Occupancy in order to allow time for Henke to apply for a CDBG grant from the County. After many delays (exhibit D) , Henke filed an application with the County and was denied because of unpaid real estate taxes due on the property since 1982. A fact that puts him in default of his Contract for Deed (exhibit B} but this is not pertinent to the City only to the estate of Richard Gilmore. Current status of the property. Nothing has been done to the structure since February ' 83 - at least not the required improvements set forth in the temporary Certificate of Occupancy. As to reports of an auto repair operation, staff has inspected this property twice a week since July of ' 84. We have found no visible signs of a commercial operation. Staff has reported the following violations: 1 . Unlicensed van parked in rear of yard - now removed 2. As of 10-10-84, the field inspector reports the grass in rear yard is still 4 feet tall 3 . As of 1PJ-lf�-84 , the inspector reports there are no unlicensed or "junk" cars on the property. There have been 2 to 3 cars parked in the driveway area on the property off and on for the past two to three months Two weeks ago, I asked the Building Off icial to give me a current update on his dealings with Henke. Jacobs advised that Henke still planned to construct pier footings but that he had no money. Grants are not available to anyone who refuses to pay taxes. In fact, Mr. Henke may live for seven years in this structure without paying his real estate taxes before the property is forfeit. In review of the Inspector ' s chronology, Henke claims his back problems prevent him from doing the work himself. Jacobs was advised to issue the necessary tags (review exhibits G and H) . Council action No action is required of Council. I suggest you listen to Mr. Henke and advise staff to proceed with the enforcement of the Building Code. At this point, I would say enforcement that is well over due. You may also adivse Henke that Council has no authority to grant variances to the performance standards of the Building Code.