ATTACHMENT 1
memorandum
to: W. Calvin Horton, Town Manager
from: Lance Norris, Inspections Director
subject: Report on Nuisance Complaint Regarding 720 Lea Court
date: October 10, 2005
The purpose of this report is to provide information regarding the nuisance complaints for 720 Lea Court .
BACKGROUND
On September 4, 2005, a citizen contacted the Police Department to file a report of an un-witnessed account of the owner of 720 Lea Court depositing human waste into a bucket and then the dumping of it in the back yard. The property is owned by Cheng-Yin Fan. The officers informed the citizen that if a member of the opposite sex witnessed the activity described, a warrant could possibly be issued. The Police Department forwarded the September 4, 2005 complaint report to the Orange County Health Department-Environmental Health Division.
On September 8, 2005, the Inspections Department received a written complaint (Attachment 1) regarding 720 Lea Court from Cynthia Allen. The complaint noted debris, rodents, stagnant water, decaying fruit and vegetables, and buckets containing human waste.
The Town of Chapel Hill Code of Ordinances regulates the condition of private property yards as a Minimum Housing Code item Section 9-114. This ordinance addresses the open storage of abandoned items on private property.
The Inspections Department has investigated the complaints and taken the following actions in response to the complaints filed.
On September 9, 2005
o The homeowner was phoned and inspectors made a site visit of the property in response to the complaint. No odor, rats, rotting debris or human waste was witnessed by the inspectors. Verbal and written messages were left citing Section 9-114 of the ordinance and ordering that the property be cleaned of all openly stored materials in violation.
o The Inspections Department contacted OWASA and confirmed that there is active water and sewer service at 720 Lea Court.
o The Town Manager responded to the complainant, Cynthia Allen, in writing regarding her September 8, 2005 (Attachment 2).
On September 12, 2005
o The Inspections Department met with Ms. Fan at her property and pointed out household items that were nuisances. Ms. Fan was also ordered to remove the debris from the gutters causing them to deposit water in specific areas where buckets were placed to collect the water. Ms. Fan was questioned and responded that all of the plumbing, electrical, and HVAC in the house are functioning properly. According to Ms. Fan the yard was not mowed because she has and will continue to plant ground cover such as Periwinkle and Monkey Grass. The water buckets were removed from the front of the property, emptied, and covered. No rodents, rotten materials or human waste were found during the inspection. No offensive odors were detected during the inspection.
o The Orange County Health Department made a site visit to the property and noted no health problems found in the front yard. They confirmed with OWASA that the water and sewer service is current.
On September 13, 2005
o Following the two verbal warnings, and including that this is a repeat offense of Section 9-114 The Inspections Department issued the Final Written Notice of Minimum Housing Code Violation to Cheng-Yin Fan with the 30 day deadline to comply sent first class mail and certified (Attachment 3).
On September 14, 2005
o The Director of the Inspections Department contacted the citizen registering the complaint, the Crisis Intervention Unit of the Police Department, and the Orange County Health Department regarding the complaint.
On September 15, 2005
o The Health Department made a scheduled inspection of 720 Lea Court and found containers and pits in the yard used to collect rainwater. They noted the yard was being cleaned and that Ms. Fan indicated that the waste in her yard was left by the neighbors’ cats and dogs. According to the report, no violations were found. See Attachment 4.
o The Director of the Inspections Department responded in writing to Cynthia Allen. See Attachment 5.
On September 22, 2005 the Director of the Inspections Department received an additional letter from Cynthia Allen dated September 20, 2005 (Attachment 6). She proposed that there is building material in the yard at 720 Lea Court that should be removed rather than covered.
On September 29 the Inspections Department replied to Ms. Allen’s letter dated September 20, 2005 (Attachment 7).
On September 30, 2005 the Town of Chapel Hill received a written complaint regarding 720 Lea Court from Tonia Osborn a neighbor, regarding the same items mentioned in the September 5, 2005 complaint (Attachment 8).
The next enforcement step is to inspect the property for compliance on or around the deadline October 17, 2005. Should the property remain in violation, if open storage of household items continues throughout the property, a Notice of Penalty will be issued and a penalty of 50 dollars per day will be assessed until a final inspection confirms compliance. If the property violation is not resolved, and the penalty not paid following that notice, a Notice of Accrued Civil Penalties will be mailed to the owner, and the complaint file will be forwarded to the Town Attorney’s office to begin civil court proceedings to seek compliance and to collect the fees. If the property is cleared of the items and debris a Notice of Compliance will be mailed to the owner and the complaint file will be resolved.
In summary, the Police Department, Inspections Department, and Orange County Health Department staff did not confirm the complaints issued regarding the health concerns. The Inspections Department will continue to monitor this situation and to enforce the Minimum Housing Code, as legally appropriate.
ATTACHMENTS