HomeMy WebLinkAbout09-27-18 Notice of Intent to Sue - S. Hawkins - Delta Donuts Building Planning Division Complaint race
— —IVk
September 27,2018IKS
City of Bozeman
121 N Rouse Ave
Bozeman,MT 59715
Bozeman City Commission
121 N Rouse Ave
Bozeman,MT 59715
Mayor Cynthia Andrus
121 N Rouse Ave
Bozeman,MT 59715
Bozeman Building Inspection Division
20 E Olive St. # 208
Bozeman,MT 59715
City Attorney's Office
121 N Rouse Ave
Bozeman, MT 59715
Re:Notice of.Intent.to S4e and;Evidence Preservation.Request
To whom it may concern:.
In March of 2018 I made the decision to open a donut shop—to be called Delta Donuts—in Bozeman,
Montana with the hope of adding to the community and supplementing my retirement income.
Unfortunately,my efforts to open this business have been stymied by the bureaucratic caprice of City
Planning Division employees.
I first went to the city planning division and paid my $50.00 licensing fee. I was told I needed to
receive the approval from the County Health Department. At the Health Department I received the
applications and instructions on what I needed to do to receive their approval. This included a"need
to do" list. I completed everything as instructed. The gentlemen in charge then instructed me to
contact the fire department for an inspection.
I contacted the fire department for this inspection and scheduled an appointment with Fire Inspector
Jack Coburn for 12:00 on June 4, 2018. Instead of keeping this appointment, Mr. Coburn arrived
early at 11:00 am. More disconcerting, Mr. Coburn was gruff, verbally abusive, and transcended his
responsibilities as a fire inspector and made demands as a building inspector instead. When I took
umbrage to Mr. Coburn's verbal abuse,he retaliatedwith a string:of nonsensical requirements for my
business, then placed a stop work order on the building.
Among Mr. Coburn's unlawful demands were that I needed a licensed electrician and a work permit
to rewire an appliance—viz. a donut frying machine. Mr. Coburn was is not correct in this diktat and
has exceeded his lawful authority. To date, Mr. Coburn has refused to return my calls or work with
me in any way.
Next, the planning division employees decided that I needed a hood over the donut drying machine,
or a video or a statement from the manufacture stating the machine did not need-a-hood. In my desire
to comply with City law, I obtained an email from the appliance's manufacturer stating a hood was
not required_ I assumed this problem was settled. However, this them started a four or five month
delay tactic by the planning division that forced me to repeatedly do or try to conform demands that
were not required, either by their established policies, rules or statutes that allows promulgation of
rules,policies and statutes. Each-time I took their instructions someone in the division would change
that requirement or add something new to the pot.
Beyond this, I placed several phone calls to the Building Planning Division. None of which were
returned. I then began-regularly going to the.Building Planning Division offices in person. At each
of these visits City of Bozeman employees would refuse to speak with me. I was repeatedly told that
none of the employees were in the office;and appointments I made were disregarded by City officials.
I was routinely told-that City employees were either home sick or on vacation. In one particularly
egregious instance one field agent stood behind me and made mocking gesture of suicide that was
directed at me. This is totally unprofessional and does not belong in any city office. Moreover, it is
reflective of the-general behavior of Bozeman city staff—in my experience they spend more time not
doing their job than simply solving the problem.
I have been forced to pay my lease money, utilities and other expenses, since March 2018, all while
being proscribed by the City for engaging in a lawful business enterprise.
The latest requirement by the division is the need for a certification from the NSF{National-Sanitation-
Foundation) on the amount of droplets grease in parts per million from the donut machine—at the
cost of approximately$3000.00.
The biggest problem is second hand information proffered and then changed the next week to the
negative, example; the hood require exception applies to me, but they keep reverting back to any
assorted change to stop nay application. I have no idea what the next unauthorized change will come
out of the planning division. Every week there is anew hurdle, usually unauthorized demand. It
appears the division simple wants to stop me from opening my shop.
My good faith efforts to work with the City have failed. Instead of assistance, I have been met with
obstruction and a string of unlawful demands from City employees. As such,I have no choice but to
take this-matter.into the court and-attempt to compel the City to-follow its own-rules. This letter
serves as my Notice of Intent to Sue. -- —
You will please preserve all evidence relating to Sherman Hawkins and Delta Donuts. This evidence
preservation requests included;but is not limited to,the preservation of all records;documents,emails,
notes, video/audio recordings, logs, and inspection reports generated by the City, its agents, its
officers,and.its employees. Should you fail to preserve the evidence as requested I will pursue any
and all available spoliation sanctions against the City and the individual responsible for the evidence
destruction.
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