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Home My WebLink AboutLtr re COO . . , �O1 VD C ITY OF ORONO � � Street Address: Mailing Address: Telephone(952)249-4600 �'�, ` 2750 Kelley Parkway P.O. Box 66 Fax (952)249-4616 l,y �,�' Orono,MN 55356 Crystal Bay,MN 55323 www.ci.orono.mn.us KEs H o� 7 November 2012 SENT VIA CERTIFIED U.S. MAIL NO.: 7007 0220 00001989 8142 Kevin & Mandy Shultz 3980 Cherry Avenue Mound, MN 55364 RE: Building Permit#2010-00412 3980 Cherry Avenue PI D: 08-117-23-33-0026 Our records indicate we have not issued a Certificate of Occupancy for the property addressed 3980 Cherry Avenue under building permit #2010-00412. According to the 2006 International Residential Code (IBC) section R110 and City of Orono Code Section 86-37(4), it is unlawful to occupy a home without a certificate of occupancy. City Code requires submittal and approval of an as-built survey prior to the issuance of a certificate of occupancy [City Code Section 86-68]. Copies of all relevant code . sections are attached. Before a certificate of occupancy can be issued, an as-built survey and hardcover calculations must be submitted to assure the property conforms to the approved building permit plans, and approved grading plan, etc. Please submit as-survey for our review by November 19, 2012 so we may begin the process for issuance of a certificate of occupancy. In summary, you are in violation of the aforementioned IBC and City of Orono Building Code provisions. To resolve this violation you must vacate the premises or submit an as-built survey reflecting completion and conformance with the building permit requirements of permit#2010-00412 by November 19, 2012. Failure to comply with this notice by November 19, 2012 will result in this matter being forwarded to the City Attorney for consideration for criminal prosecution. Please note the City continues to hold $2,500 in escrow pertaining to building permit #2010-00412 for the new home. This escrow will be refunded upon issuance of a C.O.. I can be reached at 952.249.4625 or at loman@ci.orono.mn.us if you have any questions. Sincerely, CITY OF ORNO � yle Oman Building Official c US Mail Enclosures: City of Orono Municipal Codes & 2006 International Residential Code , � __ . . . . . . . . ■ Complete items 1,2,and 3.A�so complete A. signa "` item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse Addresse� so that we can return the card to you. B. Re eiv d by f R'n Name) C. �at of Delivei ■ Attach this card to the back of the mailpiece, 1 � � or�n the front if space permits. �� ' ' D. Is delivery address different from ttem 1? ❑��---rrrrrrYes 1. Artic19 Addressed to: If YES,enter delivery address below: yp No .,� � � K-e.�� - V�and►y �chu��- 3q� C,h�Xry f�� ,AAA��1 3. Se ice Type �r�►' � �� `%�� Cert�ed Mail ❑Express Mail 1!VI. '(�`�I ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label) 7�0 7 �2 2 0 �0 0� 19 8 9 814 2 ; PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-15ri0 -• , ,• � - `\J` . � I� • � Q' L �„„, � �9 �' Postage $ � �oA' rl y Certified Fee 2, 5 c. �y` ' � ,, 0 � aoumark .�, 0 Retum Receipt Fee y�e � O (EndorsementReqwred) Z,� � GY' m � Restricted Delivery Fee � '� � (F.ndorsement Required) _ ��, r.3 �� 9 �.J i ," , .,..�.�,, � fU Total Posta e&Fees ' p v "`�l � Sent To � . o -------ICe.l11Y�._�-_I.��1�_---�u�-�------------- � Street.A f�,�� orP,�;: , �x nrQ� �o -- �N� --------------,---------- C1ry.�r ��-� � :�� . November 7, 2012 3980 Cherry Avenue Page 2 of 2 Sec. 86-37. - Unlawful acts. It is uniawful for any person to: (1) Do any work without first obtaining a required permit from the city authorizing such work. (2) Do any work beyond or outside the scope of a permit issued by the city. (3) Do any work prior to obtaining a required inspection and approval from the city, including failure to request any required inspection. (4) Fail to comply with the terms or conditions of a permit issued by the city, including failure to comply with all building or zoning requirements. (5) Fail to comply with any correction orders lawfully issued by the city when any work done is found to be in violation of or noncompliance with permit requirements. (6) Fail to stop or suspend work on any project or portion of a project in accordance with a lawfully issued stop work order. (7) Fail to pay any permit fee, inspection fee or reinspection fee. (8) Fail to comply with the terms and conditions of any building or zoning occupancy certificate. (Code 1984, § 12.08) Sec. 86-68. Permit application; information required. (a) The application for a construction permit shall include such information as may be required by the city, which may vary between types of construction projects. (b) Surveys required: (1) Initial survey. Any building or general permit application for construction of a new structure or expansion of an existing structure shall be accompanied by a certificate of survey prepared by a Minnesota Registered Land Surveyor unless the building official determines the construction project is exempt from this section. The certificate of survey shall conform to the standards on file in the office of the building official. (2) Foundation survey. A foundation survey shall be submitted to the city for review and approval, unless exempted by the building official, upon completion of the foundation work for all buildings and all additions to buildings. The foundation survey, prepared by a Minnesota Registered Land Surveyor, shall certify the lot dimensions; front, side, rear, lakeshore, and wetland setbacks; and foundation elevation. A foundation survey must be submitted before proceeding with framing or further construction. In lieu of a survey a letter prepared by a Minnesota Registered Land Surveyor containing the same information as a foundation survey may be submitted. (3) As-built survey. An as-built survey, prepared by a Minnesota Registered Land Surveyor, shall be submitted to the city for review and approval upon the completion of all buildings and all additions to buildings, unless exempted by the building official. The as-built survey shall certify the final topography of the site; verify drainage patterns; and provide hardcover calculations for lots in the Shoreland Overlay District. An as-built survey must be approved before the issuance of a certificate of occupancy. In the event that weather or other conditions prevent the completion of an as-built survey at the time the Certificate of Occupancy is requested, applicant shall provide a sufficient financial guarantee and establish an escrow agreement to ensure completion of the as- built survey. (Code 1984, § 12.02; Ord. No. 49 3rd series, § 1, 9-8-2008) ADMINISTRATION � nection with or concurrently with the work authorized by a in place,but before any plaster is applied,or before wall- building permit shall not relieve the applicant or holder of the board joints and fasteners are taped and finished. permit from the payment of other fees that are prescribed by law. R109.L6 Final inspection.Final inspection shall be made after the permitted workis complete and priar to occupancy. R108.5 Refunds.The buildin�official is authorized to estab- lish a refund policy. R109.2 Inspection agencies.The building official is authorized to accept reports of approved agencies,provided such agencies satisfy the requirements as to qualifications and reliability. SECTION R109 R109.3 Inspection requests.It shall be the duty of the permit INSPECTIOfdS holder or their agent to notify the building official that such R109.1 'I�pes of inspections. For onsite construction, from �'ark is ready for inspection.It shall be the duty of the person time to time Yhe building official, upon notification from the requesting any inspections required by this code to provide permit holder or his agent.shall make or cause to be made any access to and means for inspection of such work. necessary inspections and shall either approve that portion of R109.4 Approval required. Work shall not be done beyond the construction as completed or shall notify the permit holder the point indicated in each successive inspection withouC first or his or her agenC wherein the same fails to comply with this obtaining the approval of the building offcial. The building code. official upon notification,shall make the requested inspections R109.1.1 Foundation inspection.Inspection of the foun- and shall either indicate the portion of the construction that is dation shall be made after poles or piers are set or trenches or satisfactory as completed,or shall notify the permit holder or basement areas are excavated and any required forms an a�ent of the permit holder wherein the same fails to comply � erected and any required reinforcing steel is in place and with this code. Any portions that do not comply shall be cor- supported prior to the placing of concrete. The foundation rected and such portion shall not be covered or concealed until inspection shall include excavations for thickened slabs authorized by the building official. � intended for the support of bearing walls,partitions, struc- tura] supports, or equipment and specia] requirements for wood foundations. SECTION R110 R109.1.2 Plumbing,mechanical,gas and electrical sys- CERTIFICATE OF OCCUPAN�Y tems inspection.Rou�h inspection of plumbin�,mechani- R110.1 Use and occupane��.No building or structure shall be cal, gas and electrical systems shall be made prior to used or occupied, and no change in the existinb occupancy covering or concealment, before fixtures or appliances are classification of a building or structure or portion thereof shall set or installed,and prior to framing inspection. be made until the buildinb official has issued a certificate of Exception: Back-filling of ground-source heat pump occupancy therefor as provided herein.Issuance of a certif cate loop systems tested in accordance with Section M2105.1 of occupancy shall not be construed as an approval of a viola- prior to inspection shall be permitted. tion of the provisions of this code ar of other ordinances of the jurisdiction.Certificates presuming to give authority to violate R1091.3 Floodplain inspeetions. For construction in or cancel the provisions of this code or other ordinances of the areas prone to floodin�as established by Table R3012(1), jurisdiction shall not be valid. upon placement of the lowestfloor,including basement,and prior to further vertical construction, the building official Exceptions: shall require submission of documentation, prepared and 1. Certificates of occupancy are not required for work sealed by a registered design professional, of the elevation exempt from permits under Section R105.2. � of the lowest floor,including basement,required in Section R324. 2. Accessory buildings or struetures. R109.1A Frame and masonry inspection. Inspection of R110.2 Change in use.Changes in the character or use of an framing and masonry construction shall be made after the existing structure shall not be made except as specified in Sec- roof,masonry,all framing,firestopping,draftstopping and tions 3406 and 3407 of the International Building Code. bracing are in place and after the plumbinb,mechanical and R110.3 Certificate issued.After the building official inspects electrica]rough inspections are approved. the building or structure and finds no violations of the provi- R109.1.5 Other inspections. In addition co the called sions of this code or other laws that are enforced by the depart- inspections above,the building official may make orrequire ment of building safety, the building official shal] issue a any other inspections to ascertain compliance with this code certificate of occupancy which shall contain the following: and other laws enforced by the buildina official. 1. The building permit number. R109.1.5.1 Fire-resistance-rated construction 2. The address of the structure. inspection. Where fire-resistance-rated construction is required between dwellino units ar due to location on 3. The name and address of the owner. property,the building official shall require an inspection 4. A description of tha�portion of the structure for which of such construction after all lathing and/or wallboard is the certificate is issued. 6 2006 INTERNATIONAL RESIDENTIAL CODE�