HomeMy WebLinkAbout02-24-17 Public Comment - W. Ranard - Code Compliance i
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February 23, 2017
Craig Woolard, Ph.D., P.E.
Director of Public Works
City of Bozeman
20 East Olive Street
Bozeman, MT 59771
Dear Dr.Woolard,
Yesterday I stopped in the AI Stiff Building to get advice on a Code Compliance violation regarding snow
removal. I was directed to your office as the responsible department for an appeal.
In January,the Code Compliance personnel directed the City Street Maintenance to remove the snow E
from the sidewalk along the west side of Story Mill Road between Boylan's two entries. Per an invoice
to the adjoining residences dated February 10,that project was completed on January 27.
Sometime last week,one of the affected homeowners, Paul Gianas,visited with Mark Carpenter to
determine the reason for the billing and subsequently to plead their case. Receiving no satisfaction and
feeling that he was not given a fair hearing, Gianas and the President of Valhalla Townhouse Association
asked that I appeal to Mark,to explain the extenuating circumstances. Since I have a relationship with ,
the Police Department, I agreed to call Mark in hopes of providing a more complete explanation of the
situation. I called Mark to see if I could stop by to visit and show him some supporting documentation. f
He said no, but he was willing to visit on the phone,wherein we had an exchange of information. Here I'
are the relevant items of that exchange as I recall:
• 1 explained that we have a service that contracts to remove snow from all sidewalks, including
the sidewalk in question,which they have done in the past. Copy of contract is attached. I'
• 1 relayed that the owners of record were not notified nor given the opportunity to clear the
sidewalk.
• Mark stated that the Bridger Creek Subdivision Community Association was notified by certified
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letter.
1 explained that they are not the owners of record and had not forwarded the letter. He said
that they were as far as he was concerned and that someone must pay for the work done.
0 1 asked him if I could appeal this and he said the last word rested with him.--not his exact words,
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but final nevertheless. I indicated that I was going to investigate further.
Here are the items that we present for your consideration:
I called BCSCA and spoke with both the secretary and president. They have no record of
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receiving a notice of violation from the City regarding this issue. As an aside, if the notice was J
sent to the BCSCA,why was the bill not sent to them?
• 1 stopped by the County Court House and verified that the owners of record are, in fact,the
homeowners abutting the property. (it was thought that maybe the walk did belong to BCSCA
or to the County roadway right-of way since there is no buffer, no boulevard.)We have
determined that they are responsible for the sidewalk even though it does not front their a
properties and they have no access since there is a 7-foot high 800-foot-long fence that
separates their properties from the sidewalk and roadway. They can't even see the sidewalk
unless they drive around the block.
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• The sidewalk directly abuts Story Mill Road (County Road)with no boulevard. When the county
plows the roadway,they deposit the snow, ice,gravel, rubbish on the sidewalk. Occasionally, I
have used my four-wheeler to re-clear the sidewalk after the county has plowed the roadway.
On April 21, 2011,the County knocked down the fence with the force of heavy wet snow
plowed completely over the sidewalk and onto the fence. After much discussion,the County
paid for the replacement. Every time the County plows snow onto the sidewalk,they are in
violation of Bozeman Code of Ordinance 34.06.030. If the County is going to continue to dump
snow on the sidewalk from the roadway, maybe they should own it or at least be responsible for
clearing it.
• Furthermore,this whole situation is like a bridge to nowhere. There is no sidewalk,trail,or
other walkway either north or south of this stretch of sidewalk. There is a sidewalk on the east
side of the road with ample setback plus a ten-foot paved shoulder.
• Lastly,the homeowners were charged an estimated$600.00 for a job that I have completed in
10-15 minutes on several occasions.
In summary, I have been involved with this subdivision for nearly 20 years, having been the first non-
developer president of the BCSCA in 1999 and again the first president of the Valhalla Townhouse
Association in 2003. It has always been my contention that this development was not compliant with
City engineering standards. This is a prime example. Given the circumstances,the lack of notification
and the County's involvement,we hope that some leniency can be afforded the homeowners and better
communications extended in the future.
Thank you for your Consideration,
Al
William W. Ranard
2513 Valhalla Court
Bozeman, MT 59715
406-580-0222
Cc: Mark Calendar,Code Compliance Officer; Don Rudberg,Valhalla Townhouse Association;
Sharyn Anholt, BCSCA;Jeff Krauss, Bozeman City Commission
The Grass Chopper
585-0108
<- P.O. Box 6172
Bozeman, MT 59771 Fax#: 406-585-0108
September 29, 2016
Vahalla Town Home Association Phone:994-0198
Attn:Ernie Vise
2525 Vahalla Crt.
Bozeman,MT 59715
Reference:Snow Removal at Vahalla Town Home Association located on Vahalla Crt
in Bozeman,MT for Winter.2016-2017.
Description Rate Per Occurrence
Shovel all walks,driveways,&streets $225/occurenee
Includes public&private walks.
Includes all driveways for seventeen units.
Shall be done whenever three or more inches of snow falls.
Includes Vahalla Ct
Sidewalks are to be done only,when.street&driveways done.
Any extra maintenance $85/hr plus supplies
Extra plowing needed during deep snow storms.
Usually,needed with storms of six or more inches of accumulation.
Clearing snow drifts.
Stacking snow with bobcat.
The above rates all a e d u inc 1 costs,profit and overhead
Thank you for your interest in our Services.
11HIRING AGENT CONTRACTOR
Name/Title:
Company: V b l �st 'l[16� O / %jfhe Grass Chopper
DATE:
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