Is this an example of a vacant building that was exempted from the vacant building ordinance?

There is another building falling in right next to this one at 99 N Union . It is right next to a huge commercial dumpster. Do you have to have a permit for this size dumpster? Are they allowed in residential areas all year long, for years on end? It is so ugly.

Bill Ward Director of Permitting and Inspections assigned this issue to Permitting and Inspections

What is the current status of the vacant building ordinance as relates to these two buildings? Is the list of vacant buildings that have permits on-line so residents can check whether a vacant building in their neighborhood is permitted?

Vacant Buildings
Vacant structure means any structure or building that is unoccupied by a person or occupied by unauthorized persons for 210 days, excepting permitted warehouse or permitted storage structures, garages, vacation or resort facilities or those buildings or structures only used on a seasonal basis, and those structures being newly constructed within the terms of their building and zoning permits or under substantial rehabilitation for a period of 1 year from the date that the building permit or zoning permit is issued - whichever is later.

Vacant Building Ordinance 2010 - http://www.burlingtonvt.gov/assets/0/122/318/554/659/1349/bbc20f64-f607-4eb4-b474-1c28327944ad.pdf

any updates?

We inspected the property on the day of the complaint. The attached photo was taken on May 12. This garage is on the property of 86-88 N. Winooski Avenue. The tree is on the property of a North Union Street property. The garage owner reports that he has left a message for the adjoining property owner regarding the tree. He has also contacted a tree removal service and will update us with a plan for fixing the problem.

Regarding the vacancy of the garage, it is not subject to the vacant building ordinance. It is designed to be vacant because it is a garage. Garages are exempt from the vacant building ordinance.

The garage is covered under another ordinance that prohibits structures in a dangerous condition. It applied to a portico that was rotting, and several outbuildings where a person could be hurt, on a neglected property in my neighborhood. Call the mayor's office for more information about what city department has jurisdiction over a garage in the condition you described. I think it was DPW that ordered remediation. Don't give up!

Lea,

I've already spoke to the property owner about the permitting process for repair or removal of the building along with the tree removal. It is DPW that has the authority to act under the dangerous building ordinance which is listed below:
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8-45 Obligations of owners of dangerous structures and buildings.

(a) A building or structure or part thereof that is or becomes dangerous or unsafe shall be made safe and secure. If the building cannot be made safe or secure, the owner shall take down and remove the building. An owner of such a dangerous or unsafe building or structure who would make safe or would take down and remove a such building or structure pursuant to this section shall comply with all applicable building, fire prevention, zoning ordinances and codes, including Article 15 of the zoning ordinance, the Housing Replacement Ordinance, and any other applicable code or ordinance. No change of use or occupancy shall be compelled by reason of such reconstruction or restoration.

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If the property owner does not make the building safe voluntarily, then we will take additional steps as needed.

People are always welcome to call the Mayor. Particularly if they disagree with us or feel we have not done our job.

First, thank you Code Enforcement for looking into this .
I would think that the property owner would want to make it safe so they do not get sued. I have seen people ( homeless?) there. NOW they have chairs, and furniture along with graffiti, Will the furniture and graffiti be addressed? Can you let us know who we should speak to at DPW?
Please let me know about the construction dumpster that is at 99 N Union, can it stay there all year long for years on end? This is a residential area.

Does the garage becomes a vacant building or structure when it is occupied by people who set up chairs and other furniture, defined as "intrusion by tresspassers"?

The reason I previously suggested that people call the mayor's office to ask what department has jurisdiction is because the Mayor's Office is an information hub. The source of legal definition of building and structure is the City Attorney's Office. As you have learned, some buildings are covered by vacant building and some by dangerous structure ordinance. It's confusing, and one department does not always know what another department can do.

http://2appletreepointlane.blogspot.com/ Check it out!

Don't give up! Demolition by neglect is not permitted. See building structure below. SeeClickFix is educational, too!

Burlington Municipal Code

Sec. 8-47 (e) A vacant building or structure shall be deemed adequately protected from intrusion by tresspassers and from deterioration by the weather if it satisfies the following vacant building maintenance standards:

(4) Building structure: The building shall be maintained in good repair, structurally sound and free from debris, rubbish and garbage. The building shall be sanitary. The building shall not pose a threat to the public health and safety.

(8) Decorative features: The cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be safe, anchored, and in good repair. Exposed metal, wood, or other surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(9) Overhanging extensions: All balconies, canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar features shall be in good repair, anchored, safe and sound. Exposed metal and wood surfaces shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

This outbuilding is not occupied and has been maintained secure while we monitored it. As a garage it is not subject to the vacant building ordinance. Garages are specifically exempted.

The correct address is 86-88 North Winooski Avenue and we have notified the property owner that the habitable units at the property are due for a scheduled inspection. You will be able to follow updates on this property at issued ID #3725890.

Thank you.

This issue has been marked as a duplicate of issue 3725890.

If you are already receiving notifications regarding this issue,
you will now receive updates regarding issue 3725890.