10-6-20 contesting notice of violation

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HEPM.BROD GREGGS. PAUISON BRODEEN & PAULSON P.L.L.P. PHONE: (612) 226-5968 D 610 SEARLm STREET NEW BRIGHTON, MINNESOTA, .55112 October 6, 2020 Board of Appeals & Adjustments City of Orono 2750 Kelly Parkway Orono, MN 55356 Re: Notice of Violation Issued to Greg & Christine Paulson at 1215 Arbor Street Dear Board members, On behalf of Greg and Christine Paulson this letter is respectfully provided, pursuant to § 78-96, to appeal the notice of violation issued by building official Roger Peitso, which is in error. NOTICE OF VIOLATION The Paulson's received a written notice of violation on Friday October 2, 2020, which required the alleged violation to be repaired by Monday October 5, 2020. The notice alleged that "[d]rain tile running under driveway to the North property line shall be removed" because it violated the City Code. The specific basis of the notice of violation is Chapter 78, Code § 78-1579, which provides: No land shall be developed and no use shall be permitted that results in water runoff causing flooding, or erosion on adjacent properties. Such runoff shall be properly channeled into a storm drain, watercourse, ponding area or other suitable facility. The notice did not allege that any water runoff caused flooding or erosion on the adjacent property. The Building Official did not contact the Paulson's prior to issuing the notice of violation. CHRISTIAN BROTHERS CONSTRUCTION On October 10, 2019, Christian Brothers Construction replaced the concrete front porch, an apron on the back of the house, and installed drain tile under the driveway to ensure that water from the gutter does not create ice on top of the driveway. Prior to October 10, 2019, the water from the gutter was displaced away from the foundation on top of the driveway. Either way, the water has been displaced to the same location for decades, either on top or below the driveway.