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DEPARTMENT OF PUBliC WORKS I ENGINEERING DIVISION MI'SSOULA 435 RYMAN· MISSOULA, MT 59802 - 4297· (406) 552-6345' FAX: (406) 327-2125 E-2009-0372 .fune L 2009 Eric Sampson 401 Rollins Missoula, Montana 5980 I Re: Right-Of-Way Violations at 401 Rollius File 195.04.002 Dear Mr. Sampson: The City of Missoula Engineering Division and City Council has received numerous complaints regarding your violation of the City of Municipal Codes concerning the use of the boulevard areas within the Rollins Street public right-of-way adjacent to your property at 401 Rollins. VIOLATIONS 1. Vehicles parked in boulevard and personal property stored in boulevard: 12.48.050 Prohibited uses: A. There shall be no parking of motorized vehicles on developed boulevards, unmaintained boulevards or boulevard medians, unless otherwise provided in this chapter. B. There shall be no storage or parking of personal property of any type on developed boulevards, unmaintained boulevards, uudeveloped boulevards or boulevard medians. 2. Boulevards must be landscaped 12.48.030 Duty of landowner. It is the duty of the owner of any real property within the city to maintain or cause to be maintained any boulevard that adjoins the real property. Maintain shall meanthe wateringof rrces.sbrubs, -plants;grassand--vegetationwi-thin-theboulevard, Blowing. the grass, eliminating the weeds, and complying with the provisions of city ordinances pertaining to the trimming, pruning, or removal of any trees, shrubs, plants or vegetation. Adjoins shall include those areas that are separated by only a sidewalk. It is illegal to degrade a boulevard. (Ord. 2168 1980). 12.48.060 Standards for landscaping-Variance. AN EQUALEMPLOYMENT OPPORTUNI1Y AFFIRMATIVE ACTION EMPLOYER M! F I V I H ---PAGE BREAK--- Eric Sampson June 1,2009 Page 2 A. Boulevards abutting residential property shall contain grass, trees, shrubs, flowers or other ornamental plants. In addition, such boulevards may contain sidewalks, pathways, and other reasonable and customary improvements. REQUIRED COMPLIANCE Several years ago, the City Engineering Division notified you of this violation and requested voluntary compliance. This notification was not complied with; therefore, the City Engineering, in cooperation with the City of Missoula City Council, is hereby notifying you that per chapter 12.12.210 of the Missoula Municipal Code, the City Council will consider ordering tbe completion ofthe following improvements (see enclosed photo): 1. Removal of the existing low curh along the Rollins Street paved surface and installing a full height curh to prevent vehicles from crossing the curh. 2. Install curhing between the paved surface and the sidewalk to prevent vehicular access to the houlevard. 3. Remove the crushed cushion hase and replace it with 4" of topsoil. 4. Seed the new topsoil with an approved grass seed. 5. Install 3 trees subject to approval hy the urban forester The estimated cost of this work is S4,500.00. Upon approval by the City Council, you will be notified by certified mail and given 30 days to complete the required work. If the work is not completed within 30 days, the City will select a contractor and have the work completed with the costs assessed to the property as a lien. You will be sent an additional notice of the City Council meeting when which this issue will be taken up. [I you have any questions, please contact me at 552-609 I. Sincerely, r!JI j 1111 [t/Ui/\ Dou~~MVV l Construction Project Manager cc: Steve King, Public Works Director Kevin Slovarp, City Engineer Stacey Rye, Ward 3 Alderman Bob Jaffe, Ward 3 Alderman Enclosure ---PAGE BREAK--- 401 & 417 ROLLINS BUOLEVARD VIOLATiON MITIGATION This is a graphic: representation of the pfOposed improvements. Due to photographic distortion property lines and proposed design are PROPOSED DESIGN BOULEVARD MPROVEMENTS FOR 401 I 417 ROLLINS SCALE· NONE CITY OF MiSSOULA ENGINEERING DIVISION 552·6345 ---PAGE BREAK--- DEPARTMENT OF PUBLIC WORKS I ENGINEERING DIVISION _ MISSOULA 435 RYMAN' MISSOULA, MT 59802 - 4297' (406) 552-6345' FAX: (406) 327-2125 E-2009-0654 August 26, 2009 Eric Sampson 40 I Rollins Missoula, Montana 5980] Re: Violation of City of Missoula Municipal Codes at 401 Rollins File No. 195.04'()02 NOTICE OF VIOLATION Dear Mr. Sampson: This is a follow-up of the notice sent on June 29, 2009 regarding the boulevard violations at 40lRollins. The following text was incorporated into this notice: The City ofMissoula Engineering Division and City Council has received numerous complaints regarding your violation ofthe City ofMunicipal Codes concerning the use ofthe boulevard areas within the Rollins Street public right-of way adjacent to your property at 401 Rollins. VIOLATJ(lNS 1. Vehicles parked in boulevard and personal property stored in boulevard: 12.48.050 Prohibited uses. A. There shall be 110 parking ofmotorized vehicles on developed boulevards, unmaintained boulevards or boulevard medians, unless otherwise provided in this chapter. B. There shall be no storage or parking ofpersonal property ofany type on developed boulevards, unmaintained boulevards, undeveloped boulevards or boulevard medians. 2. Boulevards must be landscaped 12.48.030 Duty oflandowner. It is the duty ofthe owner ofany real properly within the city to maintain or cause to be maintained any boulevard that adjoins the real property..Maintain shall mean the watering oftrees, shrubs, plants, grass and vegetalion within the boulevard, mowing the grass, eliminating the weeds, and complying with the provisions ofcity ordinances pertaining to the trimming, pruning, or removal ofany trees. shrubs, plants or vegetation. Adjoins shall include those areas that are separated by ani)! a sidewalk. It is illegal to degrade a boulevard. (Ord. 2168 1980). AN EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPL.OYER M I F I V I H ---PAGE BREAK--- Eric Sampson August 26, 2009 Page 2 12.48.060 Standards for landscaping-Variance. Boulevards abutting residential property shall contain grass, trees, shrubs, flowers or other ornamental plants. In addition, such boulevards' may contain sidewalks, pathways, and other reasonable and customary improvements, REQUIRED Several years ago [he City Engineering Division notified you ofthis violation and requested voluntary compliance. This notification was not complied with; therefore City Engineering in cooperation with. flu) City ofMissoula Citv Council is hereby notill'ing you that per chapter 12, l2,2l 0 ofthe Missoula Municipal Code, the City Council will consider ordering the completion ofthefollowing improvements: (see attached photo), l. Removal ofthe existing low curb along the Rollins Street paved surface and installing afull height curb to prevent vehicles ji-0111 crossing the curb. 2. Install curbing between the paved surface and the sidewalk to prevent vehicular access to the boulevard. 3. Remove the crushed cushion base and replace it with 4 oftopsoil. 4. Seed the new topsoil with an approved grass seed. 5. Install 3 trees subject to approval by the urban forester The estimated cost ofthis work is $4,500.00. Upon approval by the City Council you will be notified by certified mail and given 30 days to complete the required work. Ifthe work is not completed within 30 days the City will select a contractor and have the work completed with the costs assessed to the property as a lien. An additional Notice ofthe City Council meeting date at which this issue will be taken up will be mailed when it is scheduled. At this time the above noted violations have not been mitigated. Therefore, the City Engineering Division is referring this to City Council Public Works Committee on September 16.2009. II'you haveany questions. please contact me at 552-6091. sm/;/ ~ ( onstrucuon Project Manager DDH/cg cc: Steve King, Public Works Director Kevin Slovarp, City Engineer Stacey Rye. Ward 3 Alderman Bob Jaffe, Ward 3 Alderman ---PAGE BREAK--- 401 & 417 ROLLINS BUOLEVARD VIOLATION MITIGATION This is a gr.ophic rep~sentationof the proposed improvements. Due to photogl"llphic distortion FOperty lines proposed design are approximate. PROPOSED DESIGN BOULEVARD MPROVEMENTS FOR 401 I 417 ROLLINS SCALE· NONE CITY OF MISSOULA ENGINEERING DIVISION 552-6345 ---PAGE BREAK--- 435 RYMAN' MISSOULA, MT 59802 - 4297' (406) 552-6345' FAX: (406) 327-2125 DEPARTMENT OF PUBLIC WORKS I ENGINEERING DIVISION E-2009-0374 June 1,2009 CER1IEiED MAIL Zane Sampson 417 Rollins Missoula, Montana 59801 Re: Right-Ot~Way Violations at 417 Rollins File 195.04.002 Dear Mr. Sampson: The City of Missoula Engineering Division and City Council has received numerous complaints regarding your violation of the City of Municipal Codes concerning the use of the boulevard areas within the Rollins Street public right-of-way adjacent to your property at 40] Rollins. VIOLATIONS 1. Vehicles parked in boulevard and personal property stored in boulevard: 12.48.050 Prohibited uses: A. There shall be no parking of motorized vehicles on developed boulevards, unmaintained boulevards or boulevard medians, unless otherwise provided in this chapter. B. There shall be no storage or parking of personal property of any type on developed boulevards, unmaintained boulevards, undeveloped boulevards or boulevard medians. 2. Boulevards must be landscaped 12.48.030 Duty of landowner. It is the duty of the owner of any real property within the city to maintain or canse to be maintained any boulevard that adjoins the real property. Maintain shall mean the watering of trees, shrubs, plants, grass and vegetation within the boulevard,mowing the grass, eliminating the weeds, and complying with the provisions of city ordinances pertaining to the trimming, pruning, or removal of any trees, shrubs, plants or vegetation. Adjoins shall include those areas that are separated by only a sidewalk. It is illegal to degrade a boulevard. (Ord. 2168 1980). 12.48.060 Standards for landscaping-Variance. AN EQUAL EMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER M I F j V ! H ---PAGE BREAK--- Zane Sampson June 1.2009 Page 2 A. Boulevards abutting residential property shall contain grass, trees. shrubs, flowers or other ornamental plants. In addition, such boulevards may contain sidewalks, pathways, and other reasonable and customary improvements, REQUIRED COMPLIANCE Several years ago, the City Engineering Division notified you of this violation and requested voluntary compliance. This notification was not complied with; therefore, the City Enginecring, in cooperation with the City of Missoula City Council, is hereby notifying you that per chapter 12.12.210 of the Missoula Municipal Codc, the City Council will consider ordering the completion ofthc following improvements (sec enclosed photo): 1. Removal of the existing low curb aloug the Rollius Street paved surface and installing a full heigbt cnrb to prevent vehicles from crossing the curb. 2. Install curbing between the paved snrface and the sidewalk to prevent vehicular access to the boulevard. 3. Remove the crushed cushion hase and replace it with 4" of topsoil. 4. Seed the new topsoil with an approved grass seed. 5. Install 3 trees subject to approval by the urban forester The estimated cost of this work is $4,000.00. Upon approval by the City Council, you will be notified by certified mail and given 30 days to complete the required work. If the work is not completed within 30 days, the City will select a contractor and have the work completed with the costs assessed to the property as a lien. You will be sent an additional notice of the City Council meeting when which this issue will be taken up. If you haye1l y questions, please contact me at 552-6091. Sine r>l~ (I;/;VtZt/ D 19 Harby Construction Project Manager cc: Steve King, Public Works Director Kevin Slovarp, City Engineer Stacey Rye, Ward 3 Alderman Bob Jaffe, Ward 3 Alderman Enclosure ---PAGE BREAK--- 401 & 417 ROLLINS BUOLEVARD VIOLATION MITIGATION This is II graphic representation of the proposed Improvements. Due to photographic distortion prOflerty lines and proposed design lire IIppTOximate. PROPOSED DESIGN BOULEVARD MPROVEMENTS FOR 401 I 417 ROLLINS SCALE - NONE CITY OF MISSOULA ENGINEERING DIVISION 552-6345 ---PAGE BREAK--- DEPARTMENT OF PUBLIC WORKS I ENGINEERING DIVISION .-00' _ MIssouLA 435 RYMAN' MISSOULA, MT 59B02 - 4297' (406) 552-6345' FAX: (406) 327-2125 E-2009-0653 August 26, 2009 CERTIFIED MAIL Zane Sampson 417 Rollins Missoula, Montana 5980 I Re: Violation of City of Missoula Municipal Codes File No, 195,04JJ02 NOTICE OF VIOLATION DcarMr. Sampson: This is a follow-up of the notice sent on June 29, 2009 regarding the boulevard violations at 417 Rollins, The following text was incorporated into this notice: The City ofMissoula Engineering Division and City Council has received numerous complaints regarding your violation ofthe City ofMunicipal Codes concerning the use ofthe boulevard areas within the Rollins Street public right-of-way adjacent to your property at 4I7 Rollins, VIOLATIONS 1. Vehicles parked in boulevard and personal property stored in boulevard: 12.48.050 Prohibited uses. A, There shall be no parking ofmotorized vehicles on developed boulevards, unmaintained boulevards or boulevard medians, unless otherwise provided in this chapter, 13. There shall be no storage or parking a/personal property ofany type on developed boulevards, unmaintained boulevards, undeveloped boulevard",or boulevard medians. 2. Boulevards must be landscaped 12.48.030 Duty oflandowner. It is the duty ofthe owner ofany real property within the citv to maintain or cause to be maintained any boulevard that adjoins the real property Maintain shall mean the watering oftrees, shrubs, plants, grass and vegetation within the boulevard, mowing the grass, eliminating tilt, weeds, and complying with the provisions ofcitv ordinances pertaining to the trimming, pruning, or removal a/any trees, shrubs, plants or vegetation. Adjoins shall include those areas that are separated by only a sidewalk It is illegal to degrade a boulevard. (Ord. 2168 §2 1980). AN EOUALEMPLOYMENT OPPORTUNITY AFFIRMATIVE ACTIONEMPLOYER M / F I V I H ---PAGE BREAK--- Zane Sampson August 26. 2009 Page 2 12.48.060 Standards for landscaping-Variance. Boulevards' abutting residential property shall contain grass. trees. shrubs, [lowers or other ornamental plants. In addition, such boulevards may contain sidewalks. pathways, and other reasonable and customary improvements. REOUIRED COMPLIANCE Several years ago the City Engineering Division notified }'OU ofthis violation and requested voluntary compliance. This notification was' not complied with: therefore City Engineering in cooperation witli the Citv ofAIissoula Citv Council is hereby noti/i'ing you that per chapter 12.12.2I 0 ofthe Missoula Municipal Code, the City Council will consider ordering the completion ofthefollowing improvements: (sec attached photo). I. Removal ofthe existing low curb along the Rollins Street paved surface and installing a full height curb to prevent vehicles from crossing the curb. 2. Install curbing between the paved surface and the sidewalk to prevent vehicular access to the boulevard. 3. Remove the crushed cushion base and replace it with 4" oftopsoil. 4. Seed the new topsoil with an approved grass seed. 5. Install 3 trees subject to approval by the urban forester The estimated cost ofthis work is $4,000.00. Upon approval by the City Council you will be notified by certified mail and given 30 days 10 complete the required work. Ifthe work is not completed within 30 days the City will select a contractor and have the work completed with the costs assessed to the property as a lien. An additional Notice ofthe City Council meeting date at which this issue will be taken Ill' will be mailed when it is scheduled. At this time the above noted violations have not been mitigated. Therefore, the City Engineering Division is referring this to City Council Public Works Committee on September 16, 2009. If you have any questions. please contact me at 552-6091. Sincer / j(fF:rby / Construction Project Mager cc: Steve King, Public Works Director Kevin Slovarp, City Engineer Stacey Rye, Ward 3 Alderman Bob Jaffe, Ward 3 Alderman ---PAGE BREAK--- 401 & 417 ROLLINS BUOLEVARD VIOLATION MITIGATION This is a graphic representation of the pf