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In contrast to the helpful folks at Neighborhood Preservation, the Codes Enforcement folks have talked only a mediocre fight, and fought hardly at all. The situation there led to the Freedom of Information Act request below. [Note the lassitude the Code Enforcement people brought to the problem; it seems their idea of quick action is to wait until the next complaint].
We also have the City's outrageous response.
For more on problems with this subject, follow the links to the 1603 Claremont Ave. documents. For the City's first major move to improve in this area see the news of their major slumlord action.
Note added in February 2001: During 2000 the City's Connie Bawcum turned her formidable skills to the question of blight. She has fashioned, and the other City agencies have bought in to, a process that is correctly designed and that will be effective.
CAPS starts with the fundamental truth that you need to solve a problem, not exercise the jurisdiction of a particular City agency. It continues to the notion that once you take on a problem, you solve it by bringing on whatever technique you need to get the job done.
This stuff is so simple and so right that you might think the City would have said "Of course" many years ago. In fact, the design of the bureaucracy confounds these principles. Between Bawcum's leadership and the enthusiasm of the agencies (I hope you will get a chance to hear Lt. Dixon), this has taken off.
The people who oppose this either do not understand how effective it is, or they fear that it is effective and will harm them. In fact, it is VERY powerful but it will not harm any law-abiding citizen. Quite the contrary, it already is making our neighborhood safer and more prosperous.
We have a report on some of the early CAPS actions.
1508 Avondale Avenue
Richmond, Virginia 23227
June 1, 1998BY FACSIMILE: 780-6948
Mr. Dyett Ellis
Housing Code Enforcement
City of Richmond
900 East Broad Street
Richmond, Virginia 23219RE: Action File No. 97-008699
1410 Avondale AvenueDear Mr. Ellis:
From the records you provided last month and from my own records, I have compiled the following chronology of the City’s dealings regarding the property at 1410 Avondale Avenue:
Date Item 11/30/56 Application for Certificate of Occupancy by Joseph G. Osborne. Certificate of Occupancy to Joseph G. Osborne. Single family. 8/4/77 Certificate of Occupancy to Joseph G. Osborne 9/17/91 Application for Electrical Permit, service change 30A to 100A. Approved 9/20/91 9/20/91 Electrical Permit, alteration of service. 9/26/91 Inspection Report: electrical. OK. 4/29/97 FOIA request for Certificate of Occupancy, Robert Gunst, 1316 Nottoway, 266-5369. Paid $0.75 for copies of 3 pages. 3/14/97(?) Printout, assessment information: Shows R Shawn Majette, Administrator of Osborne estate
Identifies Property by Map reference N000-1893/022
Handwritten note: vacant & secure, needs painting, AF #97-008699, certified sent to Thompson & McMullan address
3/14/97(?) Printout, more property assessment information Built 1913
Assessed 14,000 for land, 20,000 for house
Remarks: "See 86 REV#200. Needs plaster repair, refinishing of floors throug " [sic]
11/4/97 Notice of Violation: Map Reference No N000-1893/022, Action File No. 97-008699 Inspected 10/29/97.
Requires abatement by 12/4/97.
Issued by David Schanz, 780-6425.
Handwritten note: Fax: Mary Beth 780-1813
Sections violated: 220 PM 304.1, exterior general; 220A PM 304.2, exterior painting; 224 PM 304.6, exterior walls. Handwritten note: rear porch also in disrepair, violation f PM 304.11.
Handwritten note: 784-4073 [sic] John Butcher 1508 Avondale
11/12/97 Certified mail receipts: 11/12/97, Thompson & McMillan [sic]
5/26/98, Joseph G. Est. Osborne
4/20/98 [Butcher 2-page fax to Ellis complaining about the property] 4/22/98 Fax cover sheet to Shawn Majette c/o Mary Beth, 780-1813, 3 pages including cover 4/22/98 Fax confirmation report: 7801813, 16:38, April 22, 1998. 5/4/98 Inspection Worksheet, David W. Schanz 12/4/97 Recites NOV 11/4/97
Recites continued exterior general, paint, wall violations: "vacant and open . . . falling . . . deteriating" [sic]
Recites 4/22/98 conversation with Majette’s Assistant Mary Beth: no money for repairs
Lists violations
Recites 10/29/97 inspection by DWS: "Building vacant and secure. Needs painting. A lot of complaints from neighbors.
5/19/98(?) Property Maintenance Checklist Initial inspection 10/29/98 [sic]
NOV sent 11-4-98 [sic] /5-21-98 amended NOV
Faxed amended NOV to Majette 5/21/98
Follow up inspection 5/19/98
Owner not in compliance (Handwritten): more nos, sending Amended NOV
Handwritten note: 4/22/98: spoke w Majettes secretary Mary Beth. I mentioned possibility of summons. She said no money available for repairs. She will see what she can do. I faxed NOV to her.
Handwritten note: John Butcher, 1508 Avondale Av., 784-4073 [sic]
Handwritten note: 6/11/98 NOV faxed to RE agent for buyer
5/19/98 Worksheet showing 2 windows openings 5/21/98 Notice of Violation: Map Reference No N000-1893/022, Action File No. 97-008699 (+ 3 page inspection sheet) "condemnation" of structure, unfit for human occupancy, open/vacant
2 windows open to the elements
Threatens to placard as condemned.
5/21/98 Fax transmittal sheet, Schanz to Majette, 5 pages including cover 6/1/98 [Telephone conversation, Butcher & Schanz: Schanz will not fax the Notice to Butcher without a written FOIA request] 6/1/98 [Butcher letter to Ellis (total 3 pages): "Today I learned from Mr. Schanz of your staff that you have sent a Notice to the owner of the building, but that you will not provide me a copy of the Notice without a formal Freedom of Information Act request."
FOIA request for entire file on 1410 Avondale]
6/9/98 Fax to Butcher: "Mr. Butcher, the estimated cost for copies is $7.75. Please let me know if you wish that I remove your previous correspondence (letters, fax cover sheets) that would be less 1.75 for a total of $6.00. The only thing you would not be getting will be pictures taken by the inspector. The mailing cost is $4.00. Total cost will be either 10.00 or 11.75. Please call me or let me know on the Freedom of Information Act form being faxed with this cover sheet." 6/9/98 Butcher letter: here is my check for $10.00. 6/9/98 Majette letter: insufficient funds in the estate to repair the structure. 6/11/98 Fax confirmation, 7 pages to 359-8721 6/11/98 Receipt: John R. Butcher, $10.00 undated Copy of PM-107.5: Requires owner of property subject to NOV to comply before selling, or provide bldg. Official with notarized receipt for the notice from buyer 7/14/98 [Telephone conversation, Butcher & Schanz: Schanz will not look up and tell Butcher the owner of 1601 Claremont without a written FOIA request.] Knowing as I do that at least three of my neighbors called before I did to complain about the condition of this property, and finding that there is no record of any of those calls, I am led to two interesting conclusions:
You do not ordinarily keep records of telephone complaints from citizens about matters within your jurisdiction.
Representatives (a lawyer, the lawyers’ secretary, and a real estate agent) of an owner violating the building code can obtain faxed copies of your records with a telephone call and no payment whatever. In contrast, mere taxpayers such as Mr. Gunst and I can obtain public information from your office only upon written request and after prepayment of what you deem to be the costs.
The first of these is merely an outrage. As to the second, you may wish to ask Mr. Rupp whether these actions amount to an actionable deprivation of equal protection under color of state law, and whether it is advisable to continue to so act.
In any event, I am a citizen of the Commonwealth and a resident of the City of Richmond. Under the authority of the Virginia Freedom of Information Act, I request an opportunity to inspect and copy official records, listed below, that are held by the City through you or any of your subordinates:
All official records that set forth or discuss policies or procedures for responses to Freedom of Information Act requests, including, without limitation:
All records that set forth or discuss whether a written request shall be required;
All records that set forth or discuss when copying or other costs shall be imposed or waived;
All records that set forth or discuss whether the requirements for a written request and prior payment of charges shall be required of ordinary citizens but waived for violators of the building code; and
All records that set forth or discuss the actual cost to the City of copying and mailing records in response to Freedom of Information Act requests.
The property assessment summary showing the owner of record of the property at 1601 Claremont Avenue; and
The property assessment summary showing the owner of record of the property at 4000 Brook Road.
In the event the City elects to withhold any official record responsive to this request, for each such record please:
Identify the record withheld by date, author, title, and summary or purpose of the document;
Identify all persons outside your Office to whom the record has been shown or to whom copies have been furnished; and
State specifically the statutory exemption under which the City elects to withhold the record.
I note with interest that Item II.A of the Organizational Development section of Richmond’s Strategic Plan commits the City to "[e]ducate residents, businesses, employees, and local media about the City of Richmond, its accomplishments, and initiatives," and Section II.C. commits the City to "[e]ncourage positive involvement of all stakeholders . . . in City affairs and issues." In light of that, I request that you waive the search and copying charges in connection with this request for public information.
If, as before, you nonetheless elect to disdain the policy in the Strategic Plan and to charge me part or all of the actual costs of copying and search time and computer time expended in providing these records, please estimate the total charges beforehand. If these total charges exceed $100, please notify me before you copy any records.
Please call me at 786-4073 (office) or 264-5942 (home) if I can answer any question regarding this request.
I look forward to hearing from you as promptly as possible, and in any event within the five work days provided by the Act.
Please thank Mr. Schanz of your staff for his help and courtesy.
With kindest regards, I am
Sincerely,
John R. Butcher
cc: Winnie Cobb
See the Murphy Annex page for the story of the City's inattention to a real problem downtown. Also see elsewhere for the letter that broke the logjam on 1410, despite the City's languid approach to the problem. You also can see the story about 1603 Claremont.
Last updated 02/24/02
Please send questions or comments to John Butcher