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1997, 05-07 Litigation CorrespondenceRECEIVED SPOKANE COUNTY Herman, Herman & Jolley, P.S. 12340 E. Valleyway Spokane, Washington 99216 (509)928-8310 fax (509)-927-1117 MAY 0 8 1997 DIVISION OF BUILDING AND PLANNING BY: May 7, 1997 Mr. Art Erickson Codes Administrator Spokane County Department of Building and Planning 1026 W. Broadway Ave. Spokane, WA 99260 Howard H. Herman* David H. Herman J. Steve Jolley Re: Paul Asvestas - Erten property, 4'4'TS-Morrow-Court Dear Mr. Erickson: Presently there is litigation pending between the Mr. Asvestas concerning the above captioned house. disputed claims and counterclaims between the parties. the four items mentioned in your letter of May 1, 1997, dispute (copy enclosed for your convenience). Paul remains ready, willing and able to correct these four items. Moreover, he has repeatedly offered to do so. All the Ervins have to do is schedule a time for the work to be done and give Paul access to the property. Any assistance you can provide in this regard would be greatly appreciated. ' of comsel Ervins and There are However, are not at Paul and I have found these people to be virtually impossible to deal with for some time now. It is as if they do not really want to resolve their differences with Paul. Every time Paul agrees to one of their demands they add additional conditions until the proposed resolution becomes unreasonable and unacceptable. If you have any questions or comments please feel free to telephone me. Thank you for your cooperation and attention to this matter. cc. Mr. Paul Asvestas DEPARTMENT OF BUILDING AND PLANNING JAMES L. MANSON, C.B.O. DIRECTOR Paul Asvestas Asvestas Construction Post Office Box 14244 Spokane, WA 99214 Dear Paul: May 1, 1997 A DIVISION OF THE PUBLIC WORKS DEPARTMENT DENNIS M. SCOTT, P.E., DIRECTOR 3-3 an0 1 b O to l 4 t r -P CO he, 2 T�C�v� cid f�� As you may be aware several code related concerns have been brought to our attention at the house you built at North 4'418 -Morrow Court At the homeowners request I made a follow-up inspection in late 1996 and again -In March 1997. As a result of these inspections the following code violations were observed. 1) Blocking between joists under the end of the wall supporting the interior end of the girder truss supporting the dining room trusses is missing. 2) Bearing for the header supporting the stairs is not adequate. 3) Positive drainage around the building must be provided particularly at the back of the garage. 4) The floor joist supporting the cantilever into the garage should be doubled or support added to the outside (garage) end of the cantilever. The homeowners had some additional concerns that were addressed in a letter (copy enclosed) by Brett Daniels dated October 30, 1996. Some of these items are addressed in the code related items above but I could not verify other items as specifically code related violations. The homeowners are looking to get the four items above resolved. You may have certain obligations in this regard and accordingly, as the builder of record, your attention in resolving these issues may be necessary. If you have any questions please feel free to contact me at 456-3675. c: Denise Ervin AE/Isc Sincerely, avtLL Art Erickson Codes Administrator 1026 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260 BUILDING PHONE: (509) 456-3675 • FAX: (509) 456-4703 PLANNING PHONE: (509) 456-2205 • FAX: (509) 456-2243 TDD: (509) 324-3166 DEPARTMENT OF BUILDING AND PLANNING C 0 U N T Y A DIVISION OF THE PUBLIC WORKS DEPARTMENT JAMES L. MANSON, C.B.O., DIRECTOR DENNIS M. SCOTT, P.E., DIRECTOR April 24, 1997 Mrs. Denise Ervin . . 4418 North Morrow Court Spokane, WA 99219 Dear Mrs. Ervin: As a result of our phone conversations the other day, I did discuss the above -referenced project with Dennis Scott, and with Art Erickson who conducted the inspection, as it relates to your concerns and code violations. First of all, let me say I am very concerned and certainly do appreciate your position as it relates to the issues surrounding your home. I'm confident that the code issues raised in Art Erickson's April 7 letter (enclosed) are the issues we would need to have corrected in order for us to issue a final approval on the building. I'm aware there are other issues you contend that are not up to code. While they may appear to be issues of workmanship and perhaps even some cases of poor construction, by the letter of the law they would appear to comply with the standards of codes we enforce. I'm very sorry we were not able to address all of your concerns, however we are statutorily assigned a responsibility to enforce the "minimum" standards according to state law. Once the items in Mr. Erickson's letter have been corrected, please call for inspection and we will respond immediately. Should you have any questions or need further information, please contact either myself or Art Erickson. Sincerely yours, `fames L. Manson Director JLM:pjk Enclosure c: Dennis M. Scott, P.E., Public Works Director Arthur S. Erickson, Codes Administrator 1026 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260 0 BUILDING PHONE: (509) 456-3675 • FAX: (509) 456-4703 PLANNING PHONE: (509) 456-2205 • FAX (509) 456-2243 Tnn. (triol 11.1 ai (.A DEPARTMENT OF BUILDING AND PLANNING JAMES L. MANSON, C.B.O., DIRECTOR Richard Ervin 4418 North Morrow Court Spokane, WA 99219 Dear Dick: A DIVISION OF THE PUBLIC WORKS DEPARTMENT DENNIS M. SCOTT, P.E., DIRECTOR April 7, 1997 As a follow-up from our last meeting here is a list of code items that need to be addressed. As we discussed some of the items on Brett Daniels letter dated October 30, 1996, are not code violations nor structural concerns but rather different methods than what were noted on the plans. 1) Blocking between joists under the end of the wall supporting the interior end.of the girder truss supporting the dining room trusses is missing. • 2) Bearing for the header supporting the stairs is not adequate. 3) Positive drainage around the building must be provided particularly at the back of the garage. 4) The floor joist supporting the cantilever into the garage should be doubled or support added to the outside (garage) end of the cantilever. There were some questions regarding headers which can not be verified. There is little physical evidence to support any inadequate structural problems i.e.: drywall cracks, nail pops, doors or windows not operating, etc. - Should you have any questions please feel free to call me. AE/Isc Sincerely yours, "egieidai. Art Erickson Codes Administrator 1026 WEST BROADWAY AVENUE • SPOKANE, WASHINGTON 99260 BUILDING PHONE (509) 456-3675 • FAX. (509) 456-4703 PLANNING PHONE: (509) 456-2205 • FAX. (509) 456-2243 TDD: (509) 324-3166 CV ;.6 Bland `urthwcst B®gi.ccrinq Richard and Denise Ervin 4418 North Morrow Court Spokane, WA 99219 RE: Ervin Residence Roof Framing Investigation Project Number. 96013 Dear Dick and Denise 1320 East 54TH Avenue Spokane, WA 99223-6308 (509) 443-1243 Voice (509) 448-0812 Fax October 30, 1996 We have investigated the framing for the above referenced project. There are several locations in which the framing is not structurally adequate. The investigation was performed to determined the cause of certain observed deflections. The following conditions were noted: The floor beam, shown as a 5 1/8" x 9" Glu -Lam on the drawings, was 3-2 x 12's instead; • The header over the future door to the utility room, shown as 2-2 x 10's on the drawings, was 2-2 x 6's instead; l The size of the beam over the corridor to the back downstairs room was not confirmed due to the ( finish, however, we confirmed that a beam was installed; • The heads of all doors in the master suite, the hall dose, the front door, and the rear sliding door all had only a 2x member laid flat (no vertically oriented) header members; X^ The bottom chords of the roof trusses over the bedroom end of the house are in direct contact ' with the top plates of the non-bearing walls below (at least one location was actually toe -nailed); 7 There is no blocking between the joists under the end of the wall'supporting the interior end of the girder truss supporting the dining room busses; The top chord of the first living room truss from the dining room is not braced laterally; • •""- The overlay framing over the living room is not adequately braced to distribute the load to the trusses. These conditions should be repaired immediately to prevent further problems arising from snow loads during the corning winter. An estimate is being prepared by others for this work. If you have any questions or need any additional information, please call. Sincerely, Brett Danielson, P. E. enclosure cc: Teresa Sherman / Riherd and Sherman, P.S. Art Erickson / Spokane County BCD/bcd 0 EXPIRES: 05-23-97 0 s .• -• -a7--97 .'kvli RES. • 40-Q-01-0 o tApicthb a,.k a,t)-4 _• • _• • • f • ) '2 ***URGENT - FIRST THING MONDAY MORNING*" t Mark -- • b Talk to Art about Denise Ervin (921-6657) and have him give her a call first thing Monday morning. Apparently she's going to be filing a lawsuit regarding this property and has called for Art who won't (or has yet to) return her call. She's frustrated & needs a call back. Could you find out what's going on... 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