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Did you notice that Mr. Cooper suggested the solution to this nuisance is that the City NOT fix it, but that the citizens gang together and do the job. If that is the solution, we don't need to pay taxes to pay Mr. Cooper. Here is John's reply:
1508 Avondale Avenue
Richmond, Virginia 23227
December 2, 1998BY FACSIMILE: 780-6948
Claude G. Cooper
Commissioner of Buildings
City of Richmond
900 East Broad Street
Richmond, Virginia 23219RE: 1603 Claremont Avenue
Dear Mr. Cooper:
I have your letter that is dated November 24, 1998. The letter was mailed on November 30, and it arrived here on December 1.
Your letter says the property is owned by Hugh Anthony Gomes and the tenant is Terrianne Nosal. The deed lists the owners as Mr. Gomes and Barbara Tracy Bourne, both single. The neighbors knew the tenant as Carl Chandeler.1.
Your files show that the environmental people cited the property for weeds, trash, or abandoned cars on 7/9/90, 7/11/90, 6/9/92, and 3/29/94. The structure has been in squalid condition throughout this decade, but your staff did not cite the structure for peeling paint and roof and gutter defects until my neighbor complained in June, 1996. Your letter does not explain this tenacious failure to act.
Your files show that, following the 1996 complaint, your staff cited the structure on 6/21/96; they obtained a show cause order on 8/24/96 and an order for the City to paint (date not clear). Yet your staff did nothing further until I complained in August, 1998.
Your files show that, following my complaint, your staff marked the "action file" on the structure as "complied." They compounded this patent falsehood by opening a new "action file" and calling their inspection an "initial visit." They posted a new violation notice on 9/29/98. Your letter does not explain why they opened a new file, abandoned the court order, and restarted their sterile process.2.
Winnie Cobb of the Bellevue Security Patrol and I appeared at your office at 3:00 p.m. on November 11, the hour of our appointment with you. When we had not heard anything from you by 3:20, we left. Your letter says you were in a meeting. It does not explain why you were not able to let us know that you would not be able to make the meeting.
Your letter says that the property maintenance code violations at this address are misdemeanors and that an out of state owner (as we appear to have here) cannot be extradited for a misdemeanor. The letter then suggests that we take the matter to Operation Squalor. The letter omits to say that the public nuisance prosecuted under Operation Squalor is a misdemeanor, for which an out of state owner cannot be extradited.
Your letter says that the Commonwealth’s Attorney has been using Operation Squalor on properties "where normal code enforcement techniques are not working." The letter fails to explain how Operation Squalor might be more effective than a misdemeanor prosecution for code violations. Moreover, the letter does not explain why you would persist with "normal" techniques where they plainly do not work. The letter entirely overlooks the extraordinary enforcement techniques (such as obtaining a suspended jail sentence for the owner, using fire, zoning, and other City requirements, or seeking injunctive relief3. against the owner) that are available to you for refractory cases. The letter merely complains that you lack the funds to paint the house and fix the roof, although the court has authorized you to do so.
Indeed, your letter tells me quite plainly that you are not going to do your job, and that my neighbors and I must go elsewhere to obtain the results we are paying you to obtain.
If I am wrong in that conclusion, I would relish an opportunity to discuss this matter with you in person. You can call me at 786-4073 (office) or 264-5942 (home) to arrange an appointment.
With kindest regards, I am
Sincerely,
John Butcher
cc: Winnie Cobb
Chuck Epes (by email)
Holly Anna Jones (by email)
Connie Bawcum (780-7987)1. It appears that Mr. Chandeler moved out on the evening of November 30.
2. In contrast, Mr. Treger of your environmental staff, responding to our August complaint, obtained an order on November 24, and immediately authorized the towing of the two abandoned automobiles on the property and the removal of the weeds by a City contractor. The Bellevue Civic Association will give Mr. Treger a Certificate of Appreciation on December 15 for his can-do attitude and his vigorous enforcement of the weed, trash, and abandoned car ordinances in Bellevue.
3. Code § 15.2-1432 provides:
Injunctive relief against continuing violation of ordinance -- A court of competent jurisdiction, in addition to the penalty imposed for the violation of any ordinance, may enjoin the continuing violation thereof by proceedings for an injunction brought in any court for the county or municipal corporation having jurisdiction to grant injunctive relief.
This authorizes an injunction without the usual showings of irreparable harm or an inadequate remedy at law.
Did you hold your breath while you waited to see whether Mr. Cooper steps up to the plate and plays the game/does his job, or whether he punts again. I hope not. When Cooper did not reply, John wrote the new City Manager.
Last updated 02/24/02
Please send questions or comments to John Butcher