Date: 1/27/17
To: Chesterfield County Building Inspection
Re: Letter of defect response
From: Norman L. Dart
This letter is to inform you that I have questions I need clarified
and inquiries I need to make with other state and local agencies before I will
be able to apply for the permits you requested.
1)
First of all I need to know more about the
inspection process. The letter of defect you sent me states that the inspection
process begins immediately after the permits are issued. I need to know how
long after my application will the permits be approved. Once approval occurs
will I be notified of the inspection? Will I be contacted to schedule a time
and date for the inspection so I can be onsite to monitor the inspections?
2)
I also need to know who will perform the
inspections. As it relates to the greenhouse I will need an inspector with
significant greenhouse and agricultural building inspection experience. Wiring
a greenhouse is very specialized. I had to recruit a master electrician who
wired and maintains the greenhouses for Virginia State University Agricultural
Station. As the owner I need to know the inspectors are qualified and have
proper field experience. To evaluate this I will need to see resumes for each
inspector prior to any more inspections on my property.
3)
I am concerned about the impact any more
inspections could have to my finances and farm operation. The last time I
allowed inspectors on my property I was told it was regarding a complaint about
operating a pizzeria. Once on my property inspectors took pictures of my
greenhouse and personal residence. This has led to scrutiny and a letter of
defect on the electrical panel on my residence; this and other wiring mentioned
in the letter of defect were completed before the property was owned by me.
Before I can apply for any permits I need to talk with my mortgage company and
determine if they have any concerns regarding these inspections and potential
impacts of the inspection on my ability to pay my mortgage.
4)
Also I need time to consult with an agricultural
lawyer and the Farm Bureau regarding the state agro-tourism clause. We are
zoned agriculture, not commercial and we operate a working farm on this
property. Anytime someone enters or is on the property they are by definition
participating in an agro-tourism activity. Based on this I maintain all of the
outbuildings on the property are agricultural production structures, NOT
commercial buildings. The letter of defect states I need to get several
commercial permits. I need to determine if this is required by law for my
specific situation.
5)
Additionally
when the inspectors entered my property, one inspector in particular made
several potential violations. Along with passive aggressive phone messages (I
have saved), making veiled threats over the phone, being combative and snide; she
also directly violated my request not to use my property to take pictures of my
neighbor’s shed he was building. Apparently, she had been to my property this
summer and mentioned she had taken pictures from the back corner of my property
to take pictures before of his shed (which she believes is a code violation).
Before I apply for my permits as requested; (a) I need to know if the original
inspections leading to my letter of defect are actually valid if the inspectors
made violations while on my property and (b) how I can file a formal complaint
against the inspector who conducted the violations. Additionally because the
inspector who made violations made comments about being at my property before
(history and premade judgments) , the aggressiveness to which she has contacted
additional agencies to intimidate me, and her general attitude towards me I
will need to file a Freedom of Information Request (FOIA) of all correspondence
(email, text, etc…) that mentions or refers to my property or name from
Chesterfield county planning, code enforcement, planning and zoning to make
sure there is no apparent “axe to grind with me”. I must review all requested
correspondence before I can determine if the initial inspections were conducted
for legitimate reasons. Please let me know if you need any additional
information to comply with my FOIA request.
6)
Lastly I need to file one last FOIA request to
know who filed the original complaint I was operating a Pizzeria. I have
legitimate reason to believe one of my neighbors is upset with my support and
involvement with the LBGT community. Comments have been made in the past which
leads me to suspect he may have made the complaint. If this is the case I feel
the original complaint may have been motivated by hate which could make the
original inspections resulting in my letter of defect invalid.
Based on the above concerns I will
need additional time before I can determine if I will and if I legally am
required to apply for the requested permits. I work fulltime and am also busy
working my small farm. It may take some time for me address my concerns and
determine how to move forward. In the meantime please begin addressing the
concerns I have outlined above that you can answer for me and I will begin
pursuing the concerns from my end as well.
Sincerely,
Norman L. Dart
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