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?- , • . BOARD OF BUILDING CODE APPEALS APRIL 23, 1981 PAGE 2 by North American Lumber would s.tand in the way of this. M. Gareau suggested that this case be held for 30 days so that a representative of North American Lumber could be in attendance and a solution could be worked out. There are also parties interested in purchasing the property, and they have had difficulty contacting PZr. Hootman of Terra Investment. Ruth Valik, one of the prospective buyers advised the Board that Mr. Hootman was no longer in the state and he has turned over the selling of his home to a real estate agent and that the proceeds of this sale is to pay off the North American lien. R. Tallon moved to continue the hearing of Women's Federal Savings and Loan Stay of Demolition request until the next regular meeting at which time Women's Federal will present the Board with a plan to upgrade bhis home to the satisfaction of the Board and the adjacent property owners, seconded by R. Puzzietiello, and unanimously approved. IV. OLD BUSINESS: Continuation of discussion of window condensation problems in the homes of Robert Beck and David Votaw on Walter Rd. Law Director M. Gareau stated that the only reason that this case should be before the Board would be if there is an actual Building Code violation. If there is a breach of warranty with respect to workmanship or faulty equipment this would be outside the juris- diction of the City. If a Building Code violation is found the only recourse the Board has is to suspend a builder`s license. The Building Department had found no code violation, and it was Mr. Stock's decision to appeal these findings to the Board. The members of the Board were in agreement that there was some shoddy workmanship, but they could not find any code violation. Mr. Stock was sworn in. He again stated his case. He has filed a complaint against Vienna homes with the court. In view of this Law Director Gareau stated that it might be in Mr. Stock's interest to withdraw this case from the Board. Mr. Stock decided that he would withdraw the case. Mr. Votaw was sworn in. He was assured that even if the issue is with- drawn.that the previous findings of the Board would still be on recordo It was stated that Mr. Bartel had mentioned at the unof- ficial meeting on April 9, 1981, that he had found no problems with the windows. It was also stated that the window well problem was corrected and that any problem with the swale should be re?.ferred to the Engineering Department and that the deposit placed by Vienna, Homes could be withheld to correct any fault found with the swale. Building Commissioner Gundy then withdrew the request of October 23, 1980 pursuant to the request of the property owners, Mr. Stock and Mr. Votaw. V. ADJOURNMENT• The next meeting will be May 28, 1981. The meeting was-adjourned at 9:20-p.m. B. Schulz, Chairman B. Oring, Recording Secretary