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� . ^ �e�.:,��. � <br /> rs " . <br /> ' � 52087.3 . /J �';� 1 <br /> '� ��';. <br /> �1 \' <br /> ; �'�:�s�y��:? �'�71N6 w <br /> _�.� <br /> � - .;z��: <br /> tijAY z�tsaT =,��• <br /> TO: Msyor and City �ounc±l F.�#, � <br /> K� . . .. . .. .. .. :�' v�1;F�... . <br /> � lROM: Mark Hernhardson� City Administrator ,�i�i� �iF �RQ� ;�:, <br /> � . ' ..;.�1. . <br /> D�1�Es May 2A. 1987 �` -. <br /> ,� �� ����� � , <br /> � StT8J6CT: Charles Henke, 3536 Lyrfc Avenue - Revocation ot ;�� <br /> '` Temporary Certiticate of Occupnncy : ,�-�: : <br /> .� h; <br /> Attachments: A. City Attorney's Memorandum Dated 5/15/87 � ,��w��` <br /> ' B. Findinqs of Fact, Conclusions and Reconnaendation <br /> :� .� of the Administrative Law Judge Dated 2/26/87 �: .� <br /> � � � - _ � C..Henke•s Letter to Administrative LaN Judqe �.��.r� ' <br /> D. Resolution for Revocation of Tempotary <br /> � Certificate of Occcpancy , " <br /> r <br /> . � .. - �.�y�. <br /> � _. � . . ; ��: <br /> =�' ,}�.1 <br /> ISSUE - Determinin.l if it is appropriate to revoke the temporary -�":,,� <br /> ae�ficate of occi anc issued to the - `'�;°� <br /> rt p y property described above : <br /> iasued in July of 1�93. ' �"=��` <br /> ":se <br /> INTRODOCTION - Attar,hed are the matarials that outline a caae <br /> • t at commenced in 1983 when Mr. Henke indicated that the piece o!` '��,;;,,, <br /> � property the City was contemplating hazardous build:ng ,;:� <br /> proceedings on, he was going to purchase it and ltvt in it _°`;' <br /> temporatily until such time as he would be able to tear down the :�;; <br /> structure and build a ne� on�. A temporary certificate of �"'� <br /> occupancy was issued to him based on certain requirements be �'::,' <br /> taken care of. H•: indic�:Led that he would take care of those and - <br /> subsequently indicated that he would noL tear down the house. ��; <br /> Since the hay bales had not been removed fr,�n the foundation it . " <br /> was noted that the foundation was now an issue. <br /> Temporary certificate of occ•�pancy did not have a expiration date - <br /> on i t. - <br /> d <br /> � <br /> The City tried to work with Mr. Henke to resolve the problem <br /> including dire:ting him to financial assistance to take 'care the <br /> metter, however these have proven fruitless. <br /> In orde.r to give Mr. Henke his due process this matter was put <br /> before a Law Judge for an independent third opinion prior to <br /> revocation on January 21, 1987. It was the Law Judqe's <br /> recommendation as noted in Attachment B that the temporary <br /> certificate oE occupancy be revoked. <br /> DISCUSSION - Zn order to oEficially revoke the tempocacy <br /> cert icate of occup3ncy in this caae it is appropriate that the <br /> Council conduct a hearing to allow Mr. Henke the opportunity to <br /> present his case and for the Council to make a decision as to <br /> whether the certificate of occupancy should be revoked. <br /> RECOMMENDATION - It is staff's recommendation based on testimony <br /> to date r.hat the attached resolution revoking the certificate of <br /> occupancy be adopted followinq the presentation by Mr. Henke. <br /> f <br /> . . . . _ ,.. ...... .. .,. . . , . , ., -, . .. " <br /> . <br /> ,... ,r . ;.::�- ,. <br /> , . .�. ,: ..: ,. <br /> . - <br /> .. : . . <br />