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Zoning Board of Appeals 25-1994City 01 mu3teyf I September 13, 1994 Mrs. Helen Smith W216_S1A6-21 Crowbar Road Big Bend,WI 53103 Dear Mrs. Smith: BUILDING INSPECTION DEPARTMENT W182 S8200 RACINE AVENUE • SOX 903 • MUSKEGO, WI 531 50.0903 • (414) 679-41 10 CERTIFIED MAIL P 317 288 677 The Board of Appeals wishes to inform you that your following appeals: 1. Appealing Inspector's decision ordering vacation of dwelling due to same being declared unfit for human habitation. 2. Appealing Inspector's decision not to allow any further work or permits for this site until an approved sanitary system is installed; has been denied. Sincerely, BOARD OF APPEALS Susan J. Schroeder Recording Secretary CC: Chairman Pionek cay ai ..line ."'I /9ecreafio► tA-7.ciCifie3 CITY OF MUSKEGO BOARD OF APPEALS DATE SEPTEMBER 8, 1994 NAME HELEN SMITH ADDRESS W216 510621 CROWBAR ROAD TELEPHONE 662-4186 PROPERTY LOCATION ON WHICH APPEAL IS REQUESTED ADDRESS W216 S10621 CROWBAR ROAD TYPE OF ZONING A 1) Appealing Inspector's decision ordering vacation of dwelling due to same being declared unfit for human habitation. 2) Appealing Inspector's decision to not allow any further work or permits for this site until an approved sanitary system is installed. 15.00 FEE TO BE PAID AT TIME OF APPLICATION DATE PAID 8/15/94 RECEIPT NUMBER 113882 DECISION OF THE BOARD OF APPEALS APPROVED DEEMED r I CHAIRMAN PIONEK _ Y VICE-CHAIRMAN O'NEIL `J MEMBER FOHR�.� MEMBER WARH MEMBER SCHEPP FIRST ALTERNATE SCHNEIKER SECOND ALTERNATE ROWINSKI Secretary Date C� dq,+ CITY OF MUSEEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING ON SEPTEMBER 8, 1994. PRESENT: Chairman Donald Pionek, Mr. Dan Schepp, Mr. Dave Warhanek, Mr. Henry Schneiker, Mr. Gerald Fohr, Mr. Darryl Rowinski and Mr. Chuck Dykstra. EXCUSED ABSENT: Mr. Terry O'Neil Chairman Pionek called the meeting to order at 7:00 P.M. APPEAL #25-94 - Mrs. Helen Smith, W216 510621 Crowbar Road, Muskego, Wisconsin. Chairman Pionek read the appeal for Mrs. Smith. 1) Appealing Inspector's decision ordering vacation of dwelling due to same being declared unfit for human habitation. 2) Appealing Inspector's decision to not allow any further work or permits for this site until an approved sanitary system is installed. Mr. Jerry Fohr administered a testimonial oath to Mrs. Smith. Mr. Chuck Dykstra provided a history on this house dating back a number of years ago when Public Safety and Director Jerry Lee first were made aware of this residence. The determination was to watch and see if the property came on the market and deal with the problems at that time. About a year ago the Muskego Police Department brought to the Building Inspection's attention this residence and the serious condition. Mrs. Smith did not have ability to fix problems. Group was formed, money was raised, a chemical commode was purchased for her use. The roof was not structurally safe. Attorney Dawn Erickson researched liens on property. In January, 1994, a letter was sent to Attorney Erickson listing improvements needed and the order of their importance, with a deadline of July, 1994. Petitioner had Attorney Erickson removed as guardian. There was no money for repairs and no further improvements made, and no sanitary system installed. Mr. Dykstra gave Mrs. Smith a date to be out by, she filed for a hearing within 30 days. Mrs. Smith stated she does not want to move out of her house, it is not in such bad shape. Mr. Pionek stated there are laws to live by and have a septic system is one. Mrs. Smith says there has been so much talk, but the job never got started. Mr. Jerry Fohr administered the testimonial oath to Jean Crotty. Mrs. Crotty feels Helen does not need to be away from her home while repairs are being made, also, she had her dogs that need feeding. Mrs. Crotty feels Mrs. Smith is being faulted for not ordering work done on her property whereas, it was tip to Attorney Dawn Erickson, her guardian, to order work to be done. Mrs. Crotty stated Mrs. Smith takes care of herself, she grocery shops and pays her own utility bills. Mrs. Crotty feels this home was purchased over fifty years ago and did not have indoor plumbing at that time. on September 12, 1994, La Casa de Esperanza is coming out to the house to bid on the structural work that needs to be done with the roof at no charge to Helen. The soil was tested on August 16, 1994, Helen paid $450 out of her savings. Waukesha County reported of a Soil and Site Evaluation Report that a variance is required from the State for this site. Helen has paid $980 for have the cost of designing a mound system. Chuck Dykstra read from his letter to Attorney Dawn Erickson dated January 5, 1994... "In summary, the roof repairs are to be completed, including structural reinforcement or replacement of exiting members, within the next 30 days. Water supply and sewage disposal issues to be addressed to the inspector's satisfaction, no later than June 15, 1994. The remaining items will be permitted to be corrected within the following year with all items required to meet code requirements no later than June 15, 1995. Continuous progress required. Failure to comply with these orders will result in further action by this department, which may include, removing Mrs. Smith from the structure until necessary repairs have been made...... Mr. Schneiker questioned the sanitary condition of the home even with or without a guardian, what has been done? Mrs. Crotty stated two cats have very recently been trapped and there is only one more to remove from basement area. The four upstairs are only kittens and one other cat. But Mr. Schneiker questioned why this was not done prior to this time. Mrs. Crotty stated they had to rent a cage to catch the cats. Mr. Darryl Rowinski asked if Attorney Dawn Erickson was present, and where is a copy of reports that were sent to the courts regarding Helen. Ms. Erickson was not present and there apparently were not any reports issued to the court. Mr. Rowinski questioned if the Court Appointed Guardian was dismissed July, 1994, what has been contracted for since then? Mrs. Crotty stated they have received quotes for the plumbing work to be done including a flush toilet, bath and shower, hot water heater to the amount of $7000. There is no signed estimate yet on the sanitary system, however, they do have a worker lined up. It will be too late to install a mount system this year, but perhaps, they can use the system as a holding tank until spring. Mr. Rowinski asked what would prevent them from putting in a mound system tomorrow. Mrs. Crotty replied funding, the system will be approximately $12,000, but she has told Mrs. Smith she will loan her this money if it means staying in her home. Mrs. Crotty took Mrs. Smith to Milwaukee to find out about a HUD program. Mrs. Crotty questioned why Mrs. Smith's home should have to be brought up to code, there has always been an outhouse there. Mr. Dykstra state the Minimum House Code was adopted August, 1974. Section 19.11(1) states —from and after September 14, 1967, no dwelling unit in the City may be occupied if such swelling or dwelling unit has been inspected by the Building Inspector and it has been determined that such dwelling unit does not conform to the requirement of this Chapter. State Statute 66.05 regarding condemnation states if the house had deteriorated to less than 50% of value condemnation may take place. Alderman Donna Woodard was administered the testimonial oath. Mrs. Woodard stated she is a member of Public Safety Committee and was on the Board of Director's of the group that helped Mrs. Smith. The group dissolved August, 1994. Mrs. Woodard personally researched the Mrs. Smith's property. Of the original 50 acres, 30 acres have been mortgaged off, 11 acres were sold, and Helen is in possession of only 2.5 acres. Mrs. Woodard stated she started working with the group because she strongly felt Mrs. Smith should be allowed to live in her home, however, she feels equally strongly now that Mrs. Smith should be removed. Mrs. Smith has not maintained the home since the work was done and the home is not sanitary. Mr. Fohr administered a testimonial oath to Ms. Sernorma Mitchell, Executive Director of Community Housing Alternative, she became aware of Mrs. Smith about 1 1/2 month ago. Ms. Mitchell would like to work with Mrs. Smith, CHI would purchase the property and make repairs. However, Ms. Mitchell met with Planning Director Sadowski and an architect and found out the soil conditions are too expensive to develop. There are low interest loans available as well as La Casa De Esperanza and Klecza's office has offered help. Mr. Darryl Rowinski questioned if the owner needs to reside in the home to be eligible for assistance. Ms. Mitchell stated there are funds available for temporary relocation. Mr. Dan Schepp made the motion to recess for 10 minutes. Mr. Rowinski seconded, motion carried. Motion carried. DELIBERATON of APPEAL Chairman Pionek resumed the meeting at 9:10 P.M. Mr. Schepp made the motion to go into closed session. Mr. Schepp rescinded his motion. Mr. Darryl Rowinski stated he has observed in view of the fact and emotions of the appellant there has not been a show of proof that the Building Director has misinterpreted code neither incorrectly nor maliciously. Mr. Rowinski made the motion to deny appeal as submitted, both appeal number one and appeal number two. Mr. Dave Warhanek seconded motion. Mr. Jerry Fohr questioned why decision couldn't be delayed for 60 days. Discussion ensued regarding the added weight that had been added to the roof with the repairs that had been done without a permit. Call for the question. Roll call vote was taken, motion passed unanimously. Adjournment Mr. Jerry Fohr made the motion to adjourn at 10:10 P.M., Mr. Schepp seconded, motion carried. Respectfully submitted, Susan J. Schroeder Recording Secretary CITY OF MUSKEGO NOTICE OF PUBLIC HEARING RESCHEDULED NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (3) 6. that a public hearing will be held at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, September 8, 1994, to consider the following appeal: APPEAL #25-94 Mrs. Helen Smith W216 S10621 Crowbar Road Muskego, WI 53150 REQUESTING: 1) Appealing Inspector's decision ordering vacation of dwelling due to same being declared unfit for human habitation. 2) Appealing Inspector's decision to not allow any further work or permits for this site until an approved sanitary system is installed. ZONING: A NOTICE OF CLOSED SESSION: PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may convene, upon passage of the proper motion, into closed session pursuant to Section 19.85 (1) (a) of the State Statutes for the purpose of deliberating concerning cases which were the subject of a quasi-judicial hearing; said cases being the above listed appeals. The Board of Appeals will then reconvene Detailed descriptions are available for Clerk's office. All interested parties opportunity to be heard. Board of Appeals City of Muskego Donald Pionek, Chairman Dated this 29th day of August, 1994 into open session. public inspection at the will be given an PLEASE NOTE: It le possible that members of and possibly a quorum of members of ether governmental bodies of the municipality may be in attendance at the above -stated meeting other than the governmental body specifically referred to above in this notice. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this Service, contact Jean K. Marenda, City Clerk, at Muskego City Hall, 679-4100. TXTBOA/NOTICE BOARD OF APPEALS - CITY OF MUSKEGO Date: l ``t�in Meeting Called to Order: 7: 00 y��• TIME MINUTES APPROVED: ROLL CALL Present Absent Chairman Don Pionek Vice Chairman Terry O'Neil Mr. Gerald Fohr Mr. Dave Warhanek � Mr. Henry Schneiker x Mr. Darryl Rowinski h Mr. Dan Sche p x_ Mr. Chuck Dykstra, Sr. APPEAL CASE r s, '7 A N A N A N A N A N A N Chairman Don Pionek X Vice Chairman Terry O'Neil Mr. Gerald Fohr Mr. Dave Warhanek Mr. Henry Schneiker X Mr. Darryl Rowinski Mr. Dan Sche CITY OF M-M GO BO! RD OF _'_ 'P ALS REQTT . 9, 1L, L BUI.LDInG DIR?CTOR' 3 ACTION Applicant's Name: Helen Smith Subject Property Address: _,'J216_S10601 Crowbar Dr., T-,'uskepro,�°,'I �3150 Subject Post ,ffice ,- dress: F.O. Box SBi Bend, 'r 1 ��103 Property 'Zoning: NA K.ey #' 2282. 99� Petitioner's relationship to property (circle applicable): (]�wner lessee other Fees: $15.00 Date Action Taken: July 15 1224 Deadline for Request to Appeal: 8:00 to 8:30_ A.N€^,_ August 15, 1994 — Requesting: Appeal of Director's decision relative to Chapter 1_9 of the Muskego Minimum Housing Code To allow: me to remain on my pronerty, while repairs and improvements are made to it The Director's decision and action are incorrect because: I was under temporary guardianship from March 15, 1994, which terminated July 14, 1994. It was the guardian, who was entrusted to secure funding for and contract for, work to be done to bring my property in legal compliance with the code. I did not want a guardianship and was not notified by the court of the hearing at which the temporary guardianshiu was ordered on March 15, 1994. Authority to contract was given to the guardian. Appendix 1 1 The January 5, 1994 letter from ter. Chuck Dykstra, which to the best of my knowledge I did not see at the time, al- though it might have been intercepted, allowed till June 15, 1995 for much of the work to be done, other than the disposal system, the water supply, and roof work. Appendix 2,3, and 4 (last paragraph) The May 25, 1994 report by Mr. Chuck Dykstra, allowed till October 1, 199LL for the disposal system to be in place and to- Droduce a safe water sample from the well. Appendix 5,6, and 7 .iith the help of a friend of mine, T tried to get a water connection to an outdoor faucet, for which a disposal system would not be necessary, but the director of building inspection, Mr. Chuck Dykstra, said plumbing and electrical permits would be required, and he would not allow them to be issued, because he wanted a disposal system in place first. The appeal, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: the temporary guardianship is terminated and with the help of others, I can secure money for, and contract for, the repair and improvement of my property to get it in compliance with legal requirements of the building code. Already soil testing for a disposal system is to be done 'TueSN August 16, 1994. The appeal, if granted, will not adversely affect the property owner's safety or jeopardize the o�.rner* s welfare because: 9 It is important to my optimum mental, physical, and 1 emotional health that 1 continue to live on my property and. to be there when the repair work and. improvements are being done. To be able to do so, helps to ensure my health, safety, and welfare. Date ''V•yz ,��-z. Helen Smith P.O. Box 5 Big Bend, Wisconsin 53103 Honorable James R. Kieffer, Circuit Court Judge Waukesha County Circuit Court -Probate 515 ['lest Moreland Blvd. Waukesha, Wisconsin 53188-2497 Case No. 93 GN 220 Dear Judge Kieffer: I do not want a guardianship of the estate and want the temporary guardianship of the estate discontinued. t'lith the help of others, I want to secure money for, and. contract for, the repair and improvement of my property. There have been no permanent repairs or improvements to my property, that I am aware of, in over ninety days, under the temporary guardianship of the estate. If the guardianship of the estate matter is pursued, I want to have a competency examination by a doctor of my choice. Date: Sincerely, Helen Smith BUILDING INSPECTION DEP.�RT14ENT W182 S8200 RACINE AVENUE . ECX 903 -M USX[ CO. 1`r; 53IS0-0�9-0� • i:1_ 1: i JANUARY 5, 1994 Attorney Dawn Erickson 105 East Wisconsin Avenue, Ste 205 Oconomowoc, WI 53066 RE: Helen Smith residence W216 S10621 Crowbar Road 1 iDear Ms. Erickson: i I Since late August, when Helen Smith's situation %•:as first brought to my attention, substantial work has been performed at this site. The attached report, compiled for the -iuskego Public Safety Committee meeting of December 9, 1993, summarized the work that has been completed as of that date. The items addressed to date have helped to provide a safer more sanitary environ ent For Mrs. Smith. However, much work yet remains. Chapter 19 of the 'tuskego Municipal Code list the minimum requirements for dwellings located within the city. Several serious health and safety violations remain to be addressed, they are as follows: 1. 19.05(2) Every dwelling to contain a bath, flush toilet and a lavatory in addition to a kitchen sink. i 2. 19.05(3) The toilet room shall afford prlv;.:;y to a pe7son Within. 19.05(5) all plumbing fixtures as required by 19.05(2) shall be connected to hot and cold water lines supplying water of safe sanitary quality. 4. 19.05(6) I -later heating facilities required that can ' maintain water temperature of 1200 F to permit an adequate water supply to be dravin at all plumbing fixtures as required by 19.05(2). f 5. 19.06(4) Every habitable room, bathroom, hall and furnace I room shall contain at least 2 separate wall type electrical outlets, or one such outlet and one supplied ceiling or wall type fixture. (New wiring from outlets to new electrical panel required). 6. 19.06(6) ilindow screens required. F1- C.ifar a� .�r,rr `r!r r,:lru arc rrslria� cr,rr �rrr,;�Iifrrrr nir r irs ----- .q�apt 7. 19.06(7) Voids in building or foundation which could 19.07(1) permit rodents to enter structure shall be sealed. 9. 19.07(1) All habitable rooms and bathrooms shall be heated to 700 or at least have heating facilities which are capable of safely maintaining same. Exterfor surfaces of dwelling to be painted or suitably surfaced. 10. 19.07(3) Measures to be taken to prevent roof rainwater from draining back toward foundatic n or entari.ng dwelling unit. 11. 19.07(4) Plumbing fixtures as required by G .05(2) to be plumbed per State ?plumbing Code. 12. 19.07(5) Bathroom floor to be constructed and maintained as to be leakproof. Chapter 30 of the tll].` hegv Code lists Building Ccde requirements, the following structural violations currently exists. 13. 30.03(4)(d) Deteriorated, sagging roof framing members, to be replaced or otherwise restored to required strength in order to prevent collapse under_ heavy snow loads. In addition to the v_olations of Muskego MLnic i pal Code Chapters 19 and 30 listed above, the following violations of the State Plumbing Code currently exist. 14. ILH R 83.01(2)(a) Every building intended for human habitation or occupancy shall be provided with a properly functioning system for treatment and disposal of domestic waste. 15. ILHR 82.40(3) Potable water required to all plumbing fixtures. The private sewage system construction , potable water requirements and reconstruction of the roof shall take place as soon as possible with immediate emphasis on the roof repairs (due to potentially dangerous snow loads). As soon as practical a soil test shall be performed to determine the acceptable type of private sewage system for this site. The well shall be tested and the remaining plumbing completed to provide potable .later to fixtures as required. in sununary, the root repairs are to be completed, .including structural rein foz:cement or replacement of existing members, within the next 30 days. Water supply and se -wage ,disposal issues to be addressed to the inspectors satisfaction, no later than June 15, 1994_ Tl`ie remaining items will be permitted to be corrected within the following year with all items required to meet code requirements no later than June 15, 1995. Continuous progress required. Failure to comply with these orders will result in further action by this department, which may incluae, removing Mrs. Smith from the structure until necessary repairs '.nave been ;Wade. Should you have any questions regarding these or time cons t_aints, pieaso contact me at 679-4110_ Sincerely, �) Z' 'I v��" / //I- 4huck Dykstra, Sr. Director :3uildinG=11s:De:.tiol1 CD!sjs CC: Mayor David De Argelis Alderman David Sanders iielen Smith Public Safety Conunittee Methi c/o Donna Woodard /�r- Ft'+1 t.I;X 17-e May 25, 1994 Report by Chuck Dykstra Sr. Relative to site visit May 25, 1994 W216 S10621 Crowbar Rd. Present at the site at 9:30 AM were Building Director Chuck Dykstra, Attorney Dawn Erickson as Helens guardian, Attorney Ned Vaclyes as the guardian ad litem, Helen Smith and Jean Crotty a friend of Helens. Strass-Maguire Engineer, David F. Brandt arrived at approximately 10:00 AM. After initial introductions Mr. Dykstra obtained Helens permission to enter the home to start his inspection, the purpose of the inspection was to determine the current sanitary conditions within the home. The inspection revealed the following: 1.) The basement appeared relatively dry with minimum dampness in the window areas. No sump pump was present and the quantity of water present within the sump crock did not indicate that a sump pump would be necessary. *COMMENT: Although water is not currently a problem in this basement, this department recommends the permanent installation of a sump pump as a means to remove any excessive water from the basement should a problem arise in the future. 2.) Feces, which appear to be deposited by the cats present in the basement, is apparent around the perimeter of the basement and is estimated to be of a quantity to fill a (5) gallon or larger bucket. COMMENT: Conditions such as those listed above are without question considered UNSANITARY and are prohibited under MUSKEGO MINIMUM HOUSING CODE, Section # 19.09(2). 3.) During the basement inspection, at least (2) cats were present, the cats were in the crawl space area and also ran back and forth within the sheetmetal duct work of the now nonexistent heating system. COMMENT: The above mentioned cats do not appear to be tame or otherwise approachable. These cats apparently defecate and urinate in the crawl space area as well as on the basement floor as mentioned above. Helen has been informed on several occasions in the past that these cats should be removed since there is no way to clean the crawl space area of their bodily eliminations. This constant abuse of this crawl space area (which is directly under the kitchen) is contributing to an undesirable and extremely unpleasant odor. 4.) The bathroom area located on the main floor was inspected next, the chemical toilet provided for Helen has apparently not been used since originally installed over (6) months ago. The litterbox for the cats located upstairs (at least two cats were in the kitchen area, possibly three) was full and the solids had not been cleaned out for some time. Several piles of cat feces were scattered outside of the litterbox and another pile was located approximately (3) feet away, near the door to the dining area. The lower (2) feet of this door was covered with fecal material of some sort, as was the door jamb. It is unclear how this material could have been placed in this area. COMMENT: Helen will not be allowed to stay in this house if basic housekeeping cannot be maintained, it is apparent from conditions in the basement and bathroom that Helen cannot keep up with the mess the cats leave behind. The resulting conditions are unsanitary and unhealthy. 5.) In the kitchen area, paint that was applied only (7) months ago is splattered with material that is assumed to be either food or feces, in areas behind the kitchen countertop, on the side of the range and on adjacent wall. Cat hair and a cat feeding tray were located on the kitchen countertop. COMMENT: These items again reflect inadequate housekeeping. The kitchen countertop areas especially are to be maintained in a clean sanitary condition, Helen has been informed on several locations to make every effort to keep the cats off of the food preparation areas. 6.) The plywood ceiling in the kitchen/dining area is separating from the ceiling joists in several locations, when asked if this occurred when the contractors were working on the roof Helen stated no. COMMENT: The walls and ceiling in the kitchen dining room are to be considered marginally acceptable at best. *** At this time Mr. David Brandt with the engineering firm Strass-Maguire & Associates, Inc, arrived to inspect the structure. Mr. Dykstra escorted him through the home after obtaining approval from Helen. After making an inspection of all areas readily accessible, Mr. Brandt reported that the roof structure could not be certified safe since a complete evaluation of the structure cannot be made with the roof on. Mr. Brandt stated that it would have been easy to make an inspection prior to the installation of the new roof, when the area was all open. He further stated that he would have to recommend removal of the existing roof so that access could be gained for adequate inspection, such an inspection would be used to determine as -built conditions so that a complete and accurate structural evaluation could be done. Information could then be compiled to determine what additional framing or support could be added to get the roof to a condition that could be certified "safe". He stated he would be forwarding a letter stating such. --------------------------------------------------------------- Mr. Dykstra then informed Dawn Erickson and Mr. Ned Vaclyes of the outcome of his inspection and immediately thereafter informed Helen and (with Helens approval) Jean Crotty. --------------------------------------------------------------- It is this departments position, that unless Helen removes the cats from the basement, reduces the cats upstairs to (1), maintains the litterbox in a sanitary manner, prevents the cat from eating, standing or lying on the kitchen countertop, maintains the cat in a clean condition, maintains the walls and floors in a clean and sanitary condition, uses the chemical toilet, takes steps to provide a sanitary disposal system for the home, installs new indoor plumbing, produces a safe water sample from well, installs new toilet and other necessary plumbing fixtures, bring roof up to required structural standards, provide a central heating system, insulate the home and upgrade the electrical system from the service panel through the home, she should not be allowed to stay in this structure. I€ Helen can achieve compliance with the items listed above this department would have no objection to her continued occupancy of this building. Time for compliance on the housekeeping issues and the elimination of all but (1) cat should be immediately. The sanitary system and other items listed above require continuous ongoing progress with all work to be completed no later than October 1, 1994.