paperwork re: code violations-inspections;ltrs;court papers, etc.

Home Browse Search

1 � 1 . , . � . / � � � February 19, 1985 Page 2 In another inspection meeting between yourself and City inspectors on July 19, 1983, you were informed that frost footirigs were rec�uired by state code and were given options as to how those frost footings could be installed. As of the date of this letter , the footings and foundation have not been installed. „ As part of the plea negotiations regarding your misdemeanor charges, the City has given you until July 31, 1985, to have the frost footings and foundation installed underneath your � structure. The State Building Code (SBC) and Uniform Building Code (UBC) , as adopted by the City of Orono, require such footings and foundation. I have enclosed copies of Section 1305.5400 of the SBC and Section 2907(a and b) of the UBC for your review. I have also enclosed a copy of the temporary Certificate of Occupancy you signed indicating that footings and foundations were to be completed by July 31, 1983. NON-CONFORMING STRUCTURE EXCEPTION � You have asserted that you need not install a foundation or . footings because your structu�'e is s non-conforming structure. _ Orono Ordinance S 10.02t473 . This definition, however, does not provide an exception to the requirements of the State Building ' Code in this circumstance. Section 10.03, subd. 5J, provides that the non-conforming use provisions of the zoning chapter do . ' not apply to situations where factors not involving the use of the premises prevents strict conformance with the requirements of the zoning chapter. Orono Ordinance S 10.03, subd. SJ. Subsequent to your building permit application, the City could thus require such compliance to the applicable building code prior to the issuance of any Occupancy Certificate. Furthermore, Orono Urdinance S 10.07, subd. 2, provides that "Any certificate issued upon a false statement of any fact whicn is material to the issuance thereof shall be void. ' Your � representation to the City Building Official that you would be • installing the footings and foundations while at the same time having no intent to do so constitutes a false statement, resulting in the Certificate of Occupancy being void. Moreover, the Temporary Certificate of Occupancy itself states that unless the footings and foundations were completed by July 31, 1983, and � the roof be replaced by that same date, the certificate would also be void. -' •d.:} >t i:':: . . �t-i' �t.^...'t. _ " '•r.�- '� .