No action on Conditional Use Permit Violations

[cabmkr]

I live in Wisconsin, the house next door obtained a conditional use permit for a mental health drug/alcohol abuse respite. One of the conditions of the permit was- Any and all Building Code violations shall be corrected prior to use or occupancy of the facility by the renting party. The property has been being used by the said party without a building inspection of any kind for about 6 weeks now. Knowing the property I know there are some glaring code violations. I have emailed the city planner, mayor, alderpersons for the past 5 weeks with just a runaround of answers. They are not yet housing anyone as of yet, but I feel there should have been some kind of inspection before they could enter the building. What kind of recourse do I have if more conditions go unmet, we feared the city would look the other way with this facility and so far they've proven us right.

 

[quincy]

Could the activity you see at the facility be due to the party working on it, to bring the facility up to code?

 

[adjusterjack]

Knowing the property I know there are some glaring code violations

Please describe the code violations in detail and provide a link to the code sections that are being violated.

 

[stealth2]

without a building inspection of any kind for about 6 weeks now.

And you are watching the property 24/7?

 

[zddoodah]

What kind of recourse do I have if more conditions go unmet

Consult with/retain a local attorney to review the CUP and the local zoning ordinances and advise you.

 

[Zigner]

Remember that it may be very difficult (and costly) to force the city to act, if you can at all.

 

[PayrollHRGuy]

They are not yet housing anyone as of yet, but I feel there should have been some kind of inspection before they could enter the building.

How do expect them to prepare the building and meet all of the requirements if they can't enter the building?

 

[NeilTheCop]

I live in Wisconsin, the house next door obtained a conditional use permit for a mental health drug/alcohol abuse respite. One of the conditions of the permit was- Any and all Building Code violations shall be corrected prior to use or occupancy of the facility by the renting party. The property has been being used by the said party without a building inspection of any kind for about 6 weeks now. Knowing the property I know there are some glaring code violations. I have emailed the city planner, mayor, alderpersons for the past 5 weeks with just a runaround of answers. They are not yet housing anyone as of yet, but I feel there should have been some kind of inspection before they could enter the building. What kind of recourse do I have if more conditions go unmet, we feared the city would look the other way with this facility and so far they've proven us right.

Did you object to the permit at the public hearing?

 

[cabmkr]

I, along with dozens of other neighbors attended all the Common Council meetings and voiced our objections to this CUP. When I asked the city planner about what they were doing he stated they were painting, restoring furniture and having training seminars there. Without an initial building inspection, how are they to know what reparations are needed, the planner just waved off that notion.

7. The property shall provide ADA compliant restroom facilities and ADA compliant access to the home, prior to occupancy. 8. Any and all Building Code violations shall be corrected prior to use or occupancy of the facility.

I am in the building trades and know the codes fairly well. The know code violations are an open staircase and 2nd floor balcony railings that do not meet code, there is another stairway that does not have adequate headroom, a first floor bathroom must be brought to ADA compliance, not accessibility- compliance, which means an ADA compliant shower and vanity. The wording is quite clear. If they were to do any of these reparations a building permit would be required, according to the city planner no permits have been applied for or issued, and I've been asking about these issues for 6 weeks.

 

[cabmkr]

Attached is the Wisconsin code for stairs
https://docs.legis.wisconsin.gov/code/admin_code/sps/safety_and_buildings_and_environment/320_325/321/II/04/3/b/3/b

 

[Zigner]

It might be time to actually put pen (real, not virtual) to paper (real, not virtual). Heck, it might even be time for you to pay a visit to city hall.

 

[quincy]

I, along with dozens of other neighbors attended all the Common Council meetings and voiced our objections to this CUP. When I asked the city planner about what they were doing he stated they were painting, restoring furniture and having training seminars there. Without an initial building inspection, how are they to know what reparations are needed, the planner just waved off that notion.

7. The property shall provide ADA compliant restroom facilities and ADA compliant access to the home, prior to occupancy. 8. Any and all Building Code violations shall be corrected prior to use or occupancy of the facility.

I am in the building trades and know the codes fairly well. The know code violations are an open staircase and 2nd floor balcony railings that do not meet code, there is another stairway that does not have adequate headroom, a first floor bathroom must be brought to ADA compliance, not accessibility- compliance, which means an ADA compliant shower and vanity. The wording is quite clear. If they were to do any of these reparations a building permit would be required, according to the city planner no permits have been applied for or issued, and I've been asking about these issues for 6 weeks.

If you want to address the issue with the city, you first will want facts rather than suppositions.

If you were told by the city that no one is being housed there yet, and only work not requiring permits is being done in/on the facility, what is your bottom line objection? The time it is taking for code work to start/be completed?

 

[cabmkr]

My objection is that this operation is using the facility for their business purposes, be it training or clerical, the one condition clearly states that building code violations must be corrected before 'use or occupancy', whether they are housing anyone or not is not mentioned in the condition. How many months can pass before they are in violation of that condition?

 

[quincy]

My objection is that this operation is using the facility for their business purposes, be it training or clerical, the one condition clearly states that building code violations must be corrected before 'use or occupancy', whether they are housing anyone or not is not mentioned in the condition. How many months can pass before they are in violation of that condition?

I think the “use or occupancy” probably refers to the intended use of the facility and not to the incidental uses for preparation of the facility (and its staff) for use by those they hope to serve.

 

[cbg]

My objection is that this operation is using the facility for their business purposes, be it training or clerical, the one condition clearly states that building code violations must be corrected before 'use or occupancy', whether they are housing anyone or not is not mentioned in the condition.

Even if true, and you've not convinced me yet, how are you being harmed by it?