RFS 14714 assigned. If received outside of normal business hours, we will investigate this issue on the next business day.

Issue acknowledged.

Demolition by neglect too

I've reported this same property in the past and was told that there is nothing the City can do because the property is grandfathered in as a business or something? I also noticed the "new" Subaru dumped on the front lawn (which I think technically is a driveway?)

Comment from Tmiles on this same issue:
"This has been documented for over 15 years. In 2013 a determination was made by planning and zoning that this is legal and unenforceable as it has been this way for 15 years.
Issue closed"

Duplicate issue, already closed: https://seeclickfix.com/issues/3058152-parking-on-lawns-or-yards

Thank you for these comments. It's interesting to hear this has been an ongoing issue that the Old North End community has been trying to deal with for years. The new abandoned car, as well as the rapidly deteriorating condition of the neglected property are certainly new issues for DPW to deal with.

Yeah, I wasn't happy with the issue being closed, and it was reopened by others. The logic that "it has been this way for 15 years" so there is nothing the City can do, doesn't make a whole lot of sense to me. Looking at Google Street view archives, it has definitely been a mess for a long time.

State law regulates junkyards and salvage operations, defined as "Any place of outdoor storage or deposit of junk/junk motor vehicles whether or not in conjunction with a business; Any place of outdoor storage or deposit of four (4) or more junk vehicles that are visible to any portion of a public highway."

Please see: http://dec.vermont.gov/sites/dec/files/wmp/documents/SalvageYardInfoSheet.pdf

Due to the likelihood of environmental soil/water pollution which transcend municipal bondaries, the state has an interest in regulating the safe disposition of vehicles even where localities cannot muster the wherewithal to do so. Perhaps an appeal to a higher authority is worth consideration, if local officials can't find their way using local law.

This is NOT an abandoned property. This property has been cleaned up much since the photo posted above. The determination from Zoning for the legality of this area was made years ago. The state is the ones who made the law of a 15 year statute as being legal, not the city.

Hi Tmiles,

Thanks for the comment. As someone who lives in the neighborhood, I actually believe the property is in worse condition than when the above photo was taken. A few examples of why this is the case, and why I believe the property is, in fact, abandoned:

- A car can be abandoned in the front yard (the Subaru in your picture - thanks for adding), and no one acts for more than a month.
- There are 7 junk cars on the property. The pollution concerns mentioned above are quite real for abandoned vehicles.
- The property windows of the garage and house are boarded up and blocked. The garage itself is falling apart.
- Trash does not get picked up that shows up in the property.
- The grass does not get cut on the property. I believe the city cuts the grass of this property when it gets bad enough (?).

Thank you for looking into this seriously. It appears the community would like a solution to the this issue. If you have an email or phone number, I would be happy to discuss this with you directly, if this is concerns your work as a Verified Official.

owners: Robert Y Justis, Winona D Manning Irre Trust

PO Box 53 Telluride, CO

Zoning land: Single family

Maybe have Norm Baldwin Structurally condemn the Building?

The photo was taken at 11:28 this morning. So the photo shows the current state of the property. A Zoning and building permit was obtained for repairs and renovations to this property that took several years to complete. The permits were signed off by the building official and the code enforcement office as being complete. The building is in better condition that it was and is sound. One can see from the current photo that much work has been done to the building.

I believe that after the Bianchi case, the fifteen-year sunset in Vermont applies to local zoning and code enforcement only--Mr Miles's area of expertise, I'd venture. I believe state law supersedes local control of junk yards, although localities may pass ordinances that are MORE stringent. So I still think the state has primary enforcement powers over junk yards.

There seems to be a consensus in the neighborhood that, 15 years or not, this is no longer acceptable.

Hi OldVtr - Thanks for the comment. It would be great to not have to raise it to the State level, but this is noted. It is really not acceptable.

Tmiles - Can you please confirm that DPW is going to do something about the new abandoned Subaru that you photographed? One idea that might make sense, is that since you are apparently in contact with the property owner over the work permits (odd, as it really seems like an abandoned property), could you perhaps offer to also arrange for the towing of the other 6 vehicles. This would be free of charge for everyone, since junk yards pay for towing for scrap metal. This would also reduce the liabilities associated with the abandoned vehicles. Thank you.

Damage to greenbelt

This is NOT an abandoned property. There is regular water usage at the property and they are current on their bill. DPW will not be towing anyone's property. Only the court can give permission to seize someone's property with CAUSE.

Hi Tmiles - Sorry, this Subaru was clearly abandoned by a third party. This is not the property owners car. It was left by someone else, who is using the property as a de facto junkyard, because of the poor state of the property. I was suggesting that you offer to help facilitate the removal of the other cars, not seize property. It appears this issue needs to be raised to other 10 members of your Code Enforcement group at DPW. Thanks.

If the Subaru was dumped there then it is the property owners responsibility to call the police. The POLICE can track the owner through the VIN. Glad to know you are speaking for the owner, who you keep saying is abandoned property.

Apparently I am actually speaking for many residents of the local community who live in the Old North End and are impacted by this. Thanks for doing what you can about the abandoned Subaru. Sorry to have bothered you.

Thanks for bringing attention to this eyesore. It seems, at the very least, fair to ask for the City's input in navigating toward a solution. Not only should the City maintain an interest in the safety and aesthetics of the neighborhood, but it also serves as an important historical reference and partner moving forward. Alternatively, we can encourage the owner (notably, with a Colorado address) to do something about it, and we can look to the State. Let's keep the momentum going, please!

The building is not considered abandoned because it is a garage. Under Burlington City ordinance, a garage is exempt from the abandoned building ordinance because garages are not supposed to be lived in. In this case there is an occupied residential building on the property.

As for the vehicles, the fastest route to dealing with them seems to be Chapter 20 of Burlington City Ordinance which the Police Department is empowered to enforce. Code Enforcement will provide assistance and communication with the property owner but if it comes to the ultimate resolution of having the vehicles towed for non-compliance, the Police Department will be the enforcement agency to lead that.

I sent a communication to the trustee for the property yesterday. I provided a copy of the ordinance below and instructed him that the property needed to be brought into compliance. I asked for a schedule of removal for vehicles that were inoperable or unregistered.
Here is the relevant section of Chapter 20:
************************************************************
20-157 Leaving dismantled, nonoperating or unregistered vehicles on streets prohibited.
(a) No person shall leave any partially dismantled, nonoperating, wrecked, junked or unregistered vehicle on any street or highway within the city. An unregistered vehicle shall include any vehicle not displaying valid license plates or validating stickers issued by the Vermont Department of Motor Vehicles or by any other state.
(b) No person in charge or in control of any property within the city, whether as owner, tenant, occupant, lessee or otherwise, shall allow any partially dismantled, nonoperating, wrecked, junked, discarded or unregistered vehicle to remain on such property longer than five (5) days; and no person shall leave any such vehicle on any property within the city for a longer time than five (5) days; except that this article shall not apply with regard to a vehicle in an enclosed building, a vehicle on the premises of a business enterprise operated in a lawful place and manner when the presence of such vehicle is necessary to the operation of such business enterprise, or a vehicle in an appropriate storage place or depository maintained by the city.
(Rev. Ords. 1962, §§ 4264, 5323; Ord. of 6-28-71; Reg. of 4-17-92; Reg. of 11-6-96)
20-158 Authority to remove vehicles.
The chief of police, or any person designated by him, is hereby authorized to remove or have removed any vehicles left at any place within the city which reasonably appear to be in violation of this article.
(Rev. Ords. 1962, § 5323; Ord. of 6-28-71)
*********************************************************
We provide updates on the communication status with the property trustee.

Thank you Bill. I very much appreciate the clarity, response, and the update in general.

Mr. Ward, Thank you for the detailed response.

Thank you for the thoughtful post, Mr. Ward. We look forward to the update(s).

WOW, this still going on ?? Several times in the past I also reported this and was told that there was nothing the City could do as it was legal ! This is a high traveled area and it looks like a dumping off place. I researched the property and went and spoke to Mr. Manning the owner. Further researched show that this Mr. Justis is only an overseer of the property and that he lives out of State and has never been to the property.. I send photos to him. I even offered to buy several of the vehicles and I found that they did not want to sell. anything. What a shame or the City that they can not come up with a plan to clean this mess up. Just another thing to remember when it comes election time again.....

Issue 3315059 has been marked as a duplicate of this issue.

The trustee returned the message and has contacted the resident. He assured me that he is working to bring the property into compliance and will cooperate with the city as he works with the resident. HIPAA laws and common decency prevent me from disclosing the full details the trustee provided.

For the relevant facts on the parking, the resident and the trustee have indicated that the Subaru was abandoned on the property by persons unknown to them. We will contact the police regarding the Subaru so they can track the lawful owner with the Vehicle Identification number. The trustee has informed me that they are starting efforts to get the other vehicles removed. I will get documentation from them to verify this is taking place and report noncompliance to the police if the removal efforts cannot be verified.

I will be providing additional updates on SCF.

Dear Bill - Thank you for the update. I understand that this may be a delicate issue for everyone involved. I assumed the Subaru was abandoned by a random person, thanks for reaching out to the police. We appreciate the removal efforts for the noncompliant vehicles. It will make a big difference in the neighborhood. Have a good evening.

The Trustee informed me that a family friend in Vermont is trying to get the Subaru towed off the property this week.

I have the phone number for the owner of the broken down Subaru and I left them a voice message asking them to call me. I explained that the owner of the property was intending to tow the vehicle this week so they should expedite their effort to remove it voluntarily before the property owner acts.

I see one car is gone, does anyone know who the towing service was.

Bill , I think you got a "the check is in the mail " answer. Good luck !

We are sorry to disappoint you Gil but there are multiple vehicles that were removed from this lot in the last two weeks.

The box truck was removed from the end of the row on the West side of the property and the Subaru was also removed. The vehicles parked in the driveway at the East end of the parking were also removed. The property manager is making the progress he promised me so we will be permitting additional time to come into full compliance.

Bill , thanks for the update, I may be wrong but those vehicles were removed in the past two days. but thanks for keeping an eye on this . From the amount and and content of all the remarks on this I sure you can see that this is a hot issue. Again, Thanks

Just thinking about something you wrote. I only wanted to give you a heads up and am not disappointed that some action is taking place. Sorry if I gave you the wrong idea with my "check " comment. I have been dealing with them for several years myself.

THANK YOU

Still looks same to me as of May 8 th.

We took some pictures to document changes. It is not the same Gil.

This photo is from the driveway area in a before and after collage. The van and the yellow vehicle were removed from this side.

I previously posted the photos of the West end of the property were the box truck and the black Subaru were removed.

While it may look the same to you, we have documented the changes.

Still waiting for that "check " ? ny

Good afternoon. Given we are over 60 days out from when the Trustee assured he was taking action (and then removed several of the vehicles), I'm hoping Code Enforcement can revisit the status of this property or at least give us an update. Left behind from the box truck removal is a pile of wood and dozens (hundreds?) of exposed rusty nails right next to the sidewalk. Several unused vehicles remain, including two now haphazardly located even more closely to the sidewalk. We appreciate the attention this received, but do not want it to fall back off the radar. Thanks.

I check the property weekly. The photo I took last week showed the vehicles you mentioned. The person working for the trustee got those vehicles operational and you can see the new registration plate on the dashboard.

When I went by there today I noticed the grass had been mowed since last week. I did not take a photo today but we will check out your report of all the nails. Did you notice the rusty nails before or after the grass was mowed?

The wood/nails have been there for months, since the box truck was removed.

Thank you Mr Ward for your work on this.

Vehicles have long since been removed and there is currently an open Housing Complaint against this property. The Housing Complaint covers the issues not related to “Parking on lawns or yards.” As there are no longer vehicles present - closing issue.

Thanks for fixing this request!