# Permit expired and project abandoned. What next?



## Coder (Jun 5, 2014)

So there is a pile of rammed earth tires that was the start of a wall for a non-conventional house that is now abandoned and the owners don't intend to do anything with it. They did get a building permit that has long since expired. The neighbors are up in arms and want the County to do something about it. Is there anything in the Codes that say they have to return the site to it's original condition before the tire wall was there? I don't think there is but thought I would ask the forum. Thanks :grin:


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## cda (Jun 5, 2014)

Do you have a law to allow you to tear down dangerous buildings and the such

Or so health code/ similar code to require a clean up??


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## Ronald Bets (Jun 5, 2014)

With no pictures you might try these approaches:

1.) tires hold water that will not drain and is a breeding ground for insects

2.)tires are a source of  spontanenous combustion and are an environmental hazard to fight. Burnnig until the ignition source is depleted is the usual outcome.

3.)The "tire wall" was never properly constructed or designed and is an "attractive nuisance" for children to climb and be injured


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## TheCommish (Jun 5, 2014)

piles of tires are a fire hazard, also burying tires is a un-permitted  and probably  improper  disposal of  tires


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## north star (Jun 5, 2014)

*\ * \ * \*



Coder,

From the `12 IRC, *Section R105.5 - Expiration:*

"Every permit issued shall  become invalid unless the work authorized

by such permit is commenced  within 180 days after its issuance, or

if the work authorized by such  permit is suspended or abandoned for

a period of 180 days after the time  the work is commenced........The

building official is authorized to grant, in  writing, one or more

extensions of time, for periods not more than 180  days each......The

extension shall be requested in writing and justifiable  cause

demonstrated."

The Tire Wall can be demolished after a period of time.......The AHJ

can seek cost reimbursements either through the courts, or absorb

the costs themselves.......It is "due process" to go about having

the original permit deemed "Expired" and no longer valid  [  i.e. -

dotting the " i's "  and crossing the " t's "  ]......The AHJ may

even some locally adopted ordinances to apply to the process

as well !

As far as "returning the site to its original condition", that

would be language included in any suits filed against the

owners..........Again, the AHJ ordinances may have something

in them to address this, and even if they do not, ...a competent

attorney should include the language and ask for monetary

damages to the AHJ........Whether the AHJ actually collects

anything is a different matter.........As the `ol saying goes,

[ from the movie High Plains Drifter  ],...Promising is one

thing, ...collecting is another !

*/ * / * /*


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## tmurray (Jun 5, 2014)

Speak with the local fire department to see if they have the power to mitigate potential fire hazards that they deem an emergency.


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## ICE (Jun 5, 2014)

Can you provide some pictures?


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## Frank (Jun 5, 2014)

I would try state or local department of enviromental quality and treat it as improper disposal of tires.  Most states have an orphan tire dump fund to mitigate them.

Colorado's  http://www.colorado.gov/cs/Satellite/CDPHE-HM/CBON/1251616361987

This website has an online complaint form

Here is waste tire contact person Shana Baker at 303-692-3305 or email cdphe.hmwastetires@state.co.us


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## Coder (Jun 6, 2014)

Thank you for the information. Those are all great ideas and I will look into it.


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## Coder (Jun 6, 2014)

ICE said:
			
		

> Can you provide some pictures?


I might drive out there and take a few. Will post them when I do.


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## cda (Jun 6, 2014)

Coder said:
			
		

> Thank you for the information. Those are all great ideas and I will look into it.


do you have a dnagerous building ordiance or such, where a building falling down, you can go in and tear it down and charge it back to the owner???


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## Coder (Jun 6, 2014)

Here it is. Not really a "pile" of tires. More of an eyesore than anything. If I was that neighbor I would be ****ed. 

View attachment 1062


View attachment 1063


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View attachment 1062


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/monthly_2014_06/572953d3345f9_PA260005(2).jpg.717055e620cbb06a9f216f0c2a6eec0e.jpg

/monthly_2014_06/572953d33a5fe_PA260004(2).jpg.3b2928db6979872ca6c55ddf21cab5da.jpg


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## mtlogcabin (Jun 6, 2014)

Snow on the ground on June 5. Now I now why it is called Frigidville.

Eyesore is all I see unless there is something in your local zoning codes.


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## ICE (Jun 6, 2014)

What was the plan to cover the walls?  It doesn't look like a fire or mosquito hazard.  It should last for a long time.  Was engineering required?  Doors and windows come later?  How is it anchored to Earth?  How on Earth did they get a permit to begin with?


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## Keystone (Jun 6, 2014)

I am not seeing in the IRC where it gives the AHJ the right to REQUEST the courts intervention of demo.

From the pics, btw hope you had permission to be on the land, a partially constructed wall now with an expired permit that is not collasping. The wall does not appear to endanger life, limb or property. At best it may be a public nuisance depending on the AHJ's definition or an attractive nuisance if the AHJ has such language outside of the IRC, zoning, prop maint....

What is the difference of this wall vs. a poured foundation left as such? Yes the earth portion of wall will likely errode at some point but that point has not taken place.

If the owners are local, request a site meeting, find out whats going on. If the neighbors are up in arms and the owner agrees would the owner allow them to demo? Thats a far stretch but you can't reserve yourself to one line of thinking in these situations, alternatives...


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## Frank (Jun 6, 2014)

How close are the neighbors?


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## steveray (Jun 6, 2014)

Looks like they had some fun building it....


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## Coder (Jun 6, 2014)

mtlogcabin said:
			
		

> Snow on the ground on June 5. Now I now why it is called Frigidville.Eyesore is all I see unless there is something in your local zoning codes.


These were taken in the winter.. It is summer here too. Still had frost this morning though.. geezum crow


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## Ronald Bets (Jun 7, 2014)

Of the two tire fires here,one fire here was reportedly started with kids playing with railroad flares. That particular one was at a factory that cuts the tires to make floor mats, dock bumpers,etc. Anyways the water needs to be collected as the fire is being fought to prevent environmental damage. Still undetermined as to the amount of tires used there and the factor for spontaneous combustion. The fires are let to burn out on their own and the residents have to live with the conditions and maintain a fire watch in the area until that occurs.


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## Ronald Bets (Jun 7, 2014)

EPA report on the Sycamore tire fire. hope it never happens to you!

http://www.epa.gov/region5/waste/solidwaste/tires/miforum/large.pdf


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## Keystone (Jun 10, 2014)

Was the arsonist caught?


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## Ronald Bets (Jun 10, 2014)

Too long ago to remember. I will have to ask the business owner when I see him next.


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