does, I would say, regret having allowed access to the first level and basement,
although he did deny access to the second level. I understand why DSI wrote these
orders. Almost everything that you would call out as unfit for human habitation is listed
out in this set of orders with an immediate vacate. I did need to put an interim
recommendation on the record prior to this getting in front of Council so that there was
a decision to act on. My decision for the narrow time period before it came here was to
not allow occupancy of the structure. The Council can, of course, change that. The
third item in this appeal is the vacant building registration notice resulting from the
condemnation order to vacate. The owner would like it not to be a category two
registered vacant building and not to be in the vacant building program at all for that
matter. Category 2 means you have to get a code compliance inspection. The four
trades have to go through the building and they will note things that need to happen to
bring it up to minimum safety standards. That is an automatic classification, if you
were condemned as unfit for human habitation. I see no reason to deviate from the
legislative code in this matter. I would recommend the Council deny the appeal of the
vacant building registration.
Randal Radunz: I do know that there's a large amount of vehicles there. I have a new
location to move everything. I have went through the last 6 to 8 months with a very
serious medical condition. On June 26 of this year, I had my foot amputated because
of that condition. The reason that the amount of vehicles increased there is because I
had lost a sub-block that we had kept vehicles at. We had three days to put them
someplace. They got put there. I became very ill. We were working on removing
vehicles from there, finding a new location, which we did while I was in the hospital.
There is a man who stays in the house with me. The power got shut off because I did
not pay the bill on time. I talked with the inspector. The power was turned back on. I
checked the records. It said that the house was compliant. To me that means that the
condemnation order was lifted. It only goes to Category 1 when the power shut off. 30
days later I get a letter in the mail that he wants to inspect the property. I responded by
saying that I'm an owner occupied duplex and I am not subject to the certificate of
occupancy inspection that I assumed that he wanted. Getting back to the vehicle
abatement, we had removed 10 to 15 cars. In the last week we removed five more. I
got a knock on the back door the day the inspectors came. I opened up the window on
the 2nd floor and I said, "Can I help you?" They said, "Randy come down here and
open your back door." I said, "I'm in a wheelchair right now, I am recuperating." He
said, "Come down and open your back door." So, I very carefully bumped myself down
the stairs, got in my wheelchair, and opened the door. They said they needed to come
in and inspect the house. I said there was no reason to do that. We argued about it,
and then they threatened that things will be tough on me if I didn't let them in. They
were already in, standing in the doorway. There was no reason for those people to
come knock on my back door and demand access. It's a violation of my 4th
Amendment right, I believe. I do understand the laws. I've read the laws. Like I said, I
bought a new property. This one is going to be cleaned out and renovated to bring it
into compliance. The walls that have been taken out of there, that they said are load
supporting, are structural land beams that have been put up in place. The contractor
person I hired disappeared on me. He didn't pull permits. So, I'm stuck. I was sick.
$60,000 in renovation money is gone. The contractor deed holder was marketing the
property for sale. What I'm asking is that the vacate order be lifted. I've got 60 days
and it'll be cleaned out and gone and I continue living there. I am living there right now.
I've lived there for 6-7 years. I've ran that business out of there. To do this to me now
is just going to disrupt things.
Council President Brendmoen: You're over time. You've made your ask, I just want to
make sure you're clear with what you're asking us for before we close the public
hearing.
Councilmember Balenger moved to close the public hearing. Approved 6-0.
