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HomeMy WebLinkAboutBATCH - Supplemental - 1110 Shelburne RoadSTATE OF VERMONT ] CHITTENDEN COUNTY, SS. ] AFFIDAVIT OF PROBABLE CAUSE FOR ARREST NOW COMES RICHARD R. WARD, Zoning Administrator of, and authorized Code Officer under an ordinance entitled "An Ordinance to Regulate Signs in the City of South Burlington" for the City k of South Burlington, Affiant, being duly sworn and on oath deposes and says he has probable cause to believe that Wesson's Diner and' Restaurant has committed the crime of violation of an ordinance of the City of South Burlington, to wit: Sections 4 and 9 of an ordinance entitled "An Ordinance to Regulate Signs in the City of South Burlington", said ordinance promulgated pursuant to Sections 104 and 105 of the Charter of the City of South Burlington. (1) I have made an investigation which leads me to believe this offense has been committed because: (a) On December 2, 1974, I observed that Wesson's Diner and Restaurant had erected, constructed and maintained an additional sign, to wit: a "reader board" sign, displaying the words "Lounge in the Rear". Said sign being made of plastic and metal with removable lettering of an approximate dimension of four (4) feet by eight (8) feet and being mounted upon a snowmobile type trailer. Said trailer was located alongside another pylon type sign, both being located within a section of the front yard of Wesson's Diner and Restaurant located at 1110 Shelburne Road, in the City of.South Burlington, Vermont. (b) On December 2, 1974, purusant to Section 16 of said ordinance, I'wrote a letter,'certified mail, return receipt requested to Mr. James Wesson of Wesson's Diner -and Restaurant, directing him -2- to remove said sign and noting that he was in violation of said ordinance. (c) Section 4 of the City of South Burlington Ordinance to Regulate signs in the City of South Burlington, which states that: SECTION 4 PERMITS REQUIRED Itshallbe unlawful for any person to erect, alter or relocate within the City of South Burlington, any sign, as defined in this Ordin- ance, without first obtaining a sign permit from the Code Officer with the approval of the Sign Review Board, in accordance with all the provisions of this Ordinance." (d) On or about December 10, 1974, I observed that the sign violation had been corrected. However on January 30, 1975 I observed the same sign erected in about the same location, and therefore wrote a second letter, certified mail, return receipt requested, to Mr. James Wesson, directing him to remove said sign and noting that he was in violation of said ordinance Sections 4 and 9. (e) Section 9�(k) of the City of South Burlington Ordinance to Regulate Signs in the City of South Burlington, which states that: SECTION 9 (k) TEMPORARY AND PAPER SIGNS Except as otherwise expressly provided herein, signs of paper, cardboard or similar material or signs which are temporary or non -permanent are hereby prohibited. Interior temporary wall signs attached to a window in view of the general public from outside the building or structure, consisting of paper, cardboard or similar material are not prohibited if said temporary sign: -3- 1. l.: approved in writing by the Code Officer. 2. Does not exceed in size 25% of the total window area to which it is attached, and also does not exceed in size a total of 40 square feet. 3. Is not maintained for more than seven consecutive days. Both Sections 4 and 9 (k) require that approval and a permit must be secured prior to the erection, construction, maintenance or display of any sign. No such approval or permit was obtained. (f) On February 18, 1975, I prepared a photograph, depicting said sign and the continued existence of the violating sign. (g) Up to the present date, said sign is still in existence and being maintained on such premises in violation of said ordinance. Richard R. Ward Af fiant Subscribed and Sworn to before me on February 1975 Vermont. Notary Public — --- - - GOO,•w—mac.50, ��✓ i , j�. iI aAlt�,,t �w.M /eoot,- R.i IVA %4 00, r 07 "Aid d- - Lis--- - -- "�. — r/ral -I — -- -- — w —� 6Q --- - - U ------- — ------ ---- /o / I�%~� 2- I 12 on J -400 ,Q V r / Cy � O . ---- -�- ��,1Ad zt 00 - --- -- -��"•' ---' �.��� ,lit-�?''f�str-''r'��`- - --- -- — 04E --- -- - -- -sue_ 1- 100, --- -- _�a� r , 0 - - - - - - ---- -- --- - ---- --- -----------._— - --� s G 8 3 — ----- ---- � �, 6 7 STATE OF VERMONT ) CHITTEtiDEN COUNTY, SS. ) AFFIDAVIT OF PROBABLE CAUSE FOR ARREST NOW CONES RICHARD R. WARD, Zoning Administrator of, and authorized Code Officer under an ordinance entitled "An Ordinance to Regulate Signs in the City of South Burlington" for the City of South Burlington, Affiant, being duly sworn and on oath deposes and says he has probable cause to believe that Wesson's Diner and Restaurant has commited the crime of violation of an ordinance of the City of South Burlington, to wit: Sections 4 and 9 of an ordinance entitled "An Ordinance to Regulate Signs in the City of South Burlington," said ordinance promulgated pursuant to Sections 104 and 105 of the Charter of the City of South Burlington'. (1) I have made an investigation which leads me to believe this offense has been committed because: (a) On December 2, 1974, I observed that Wesson's Diner and Restaurant had erected, constructed and maintained an additional sign, to wit: a "reader board" sign, displaying the words "Lounge in the Rear." Said sign being made of plastic and metal with removable lettering of an approximate dimension of four (4) feet by eight (8) feet and being mounted upon a snowmobile type trailer. Said trailer was located alongside another pylon type sign, both being located within a section of the front yard of Wesson's Diner and Restaurant located at 1110 Shelburne Road, in the City of South Burlington, Vermont. (b) On December 2, 1974, pursuant to Section 16 of said ordinance, I wrote a letter, certified mail, return receipt requested to fir. James Wesson of Wesson's Diner and Restaurant, directing him IWAM to remove said sign and noting that he was in violation of said ordinance. (c) Section 4 of the City of South Burlington Ordinance to Regulate Signs in the City of South Burlington, which states that: SECTION 4. PERMITS REQUIRED It shall be unlawful for any person to erect, alter or relocate within the City of South Burlington, any sign, as defined in this Ordin- ance, without first obtaining a sign permit from the Code Officer with the approval of the Sign Review Board, in accordance with all the provisions of this Ordinance." (d) On or about December 10, 1974, I observed that the sign violation had been corrected. However, on January 30, 1975, I observed the same sign erected in about the same location, and therefore wrote a second letter, certified mail, return receipt requested, to Mr. James Wesson, directing him to remove said sign and noting that he was in violation of said ordinance Sections 4 and 9. (e) Section 9 (k) of the City of South Burlington Ordinance to Regulate Signs in the City of South Burlington, which states that: SECTION 9 (k). TEMPORARY AND PAPER SIGNS Except as otherwise expressly provided herein, signs of paper, cardboard or similar material or signs which are temporary or non -permanent are hereby prohibited. Interior temporary wall signs attached to a window in view of the general public from outside the building or structure, consisting_ of paper, cardboard or similar material are not prohibited if said temporary sign: calm 1. Is approved in writing by the Code Officer. 2. Does not exceed in size 25% of the total window area to which it is attached, and also does not exceed in size a total of 40 square feet. 3. Is not maintained for more than seven consecutive days. Both Sections 4 and 9 (k) require that approval and a permit must be secured prior to the erection, construction, maintenance or display of any sign. No such approval or permit was obtained. (f) On or about February 10, 1975, I observed that the sign violation had been corrected. However on February 14, 1975, I observed the same sign erected in about the same location, and therefore informed Attorney Joseph Obuchowski, City Grand Juror for South Burlington. (g) On or about March 18, 1975, I received a reply of a letter from Attorney Joseph Obuchowski to Mr. James Wesson, the text of said letter being an attempt to resolve the violation and to avoid prosecution. (h) For approximately nine (9) months I observed the same sign being maintained in the same location, with the exception of an occasional message change. Another written notice, sent by certified mail, return receipt requested, was mailed to Mr. James Wesson, dated December 16, 1975, noting that he was in violation of the City of South Burlington Ordinance to Regulate Signs. (i) Up to the present date, said sign is still in existence and is being maintained, however, all lettering has been removed from said sign. r } Subscribed and Sworn to before me on January 8th, 1976 At South Burlington, Vermont Notary Public VERMONT Docket No. CONVICTION REPORT 311-7604'r (1 J, r� LQ For Dept Use 'vSF#4= TCZ MT") (DISTRICT) (IMS'1"10E1 COURT Located at 1'n9Tn , Vermont C"'ITrIMMC.'MT C�tI'T �2 RESPONDENT W1111111111111113M issm (last name) Aliases (first) Social Security # (middle) Residence shoulamo vermmt (street) Date of birth 4--10—" Age (city or town) 29 Place of birth: Bellows (state) ftlur vezTvr* Respondent's Operator's Lic. No. State: . ❑ YES Was there an accident? ❑ NO Injury Accident? Property Damage Accident? Date of Offense JkMUW 26y IW6 Time: Place: SO* Date of Arrest Time: Place: Arresting Officer Department: SO. BtRIiA .3 t 11 PID OFFENSE: (Note original charge if amended) ViOlAtiM Of th* SX� PAWUngbm Sign Qtdtvmm Felony ❑ Misd. Pq TRIAL DATA Prosecuting Officer:.7, Cl'x # :,, SO, 8k>It� Judge: E�ol�ietlla Date of Arraignment: P*bcu y 'fit 1976 Plea: YMIJla Trial by Jury? Court? x DISPOSITION Sentence: Fine: $ 100•00 Costs: $ NWA Case Appealed: No Sentence Suspended? Date of Conviction: PWXU y 4# 1976 Disposition of Prisioner? Plea: rolo Verdict: J%3q. ©f quilty REMARKS I onwoatm Signed (Judge) (Justice of Peace) (Clerk) DO NOT WRITE IN THIS SPACE 20M DMVA-9 7-75 To be forwarded to the Department of Motor Vehicles, Montpelier, Vt. 05602 December 2, 1974 Wesson's Diner & estaurant 1110 Shelburne Road nouth lurlington, VT 05401 Notice of Violation So. Burlington Sign Regulations, Sec. 4 Dear MY. Nesson: This letter is to inform you that you have erected a si;n in direct violation of the City Sign Regulations. Section 4 provides that a permit is required for the erection of all signs. The sign in question is the reader board which is mounted on a snow mobile t-ailer. This sign is not allowed under the provisions of the rerulations and no permit would be issued. This letter HE serve as formal notice of this violation and is to advise you that unless corrective action is taken within ten (10) days from receipt of this letter the matter will be turned over to the City Grand Juror. Very truly, Richard Ward Zoning Administrative Officer py/� cc Attorney Denis Planck City Grand Juror Fe'L'Tuary 14, 1975 "'ttorne; Joseph Obuchowski awing & tipokes 86 St. Paul Stre--t Burlington, VT 05401 Dear Joe: Be advis.?d that on January 30, 1975 7X7esson's Diner and Restaurant located at 1110 - ',h:�-lburne load was placed ;in Violation of I'section 4 and 9. The receipt of the letter indicates that james �esson received the notice on February 1, 1975. On February 10, 1975 the sign in violation was removed. As of February 11+, 1975 the violation is reactivated. The sign in question is a reader board type sign, containing �% " , , 'IA. mo, approximately 32 square s mountt�d on a snov? I ile trailer. 0-1'his letter is to r--,qucst that .,.ou initiate whatever legal action necessary. Very truly, Richard Ward Zoning Administrative Officer RW/j LAW OFFICES OF EWING & SPOKES 86 ST. PAUL STREET BURLINGTON, VERMONT 05401 18, 1975 James H. Wesson Wia!sson's Diner and .7,estaurant 1110 Shelburne Road South Burlington, Vt. 05401 Dear "Ir. Wesson: I am writing to you in my official capacity as Deputy Grand Juror for the city of South Burlington. On both December 2, 1974 and January 30, 1975, Mr. Richard Ward, Zoning Admistrative Officer for the City of South Burlington, wrote letters to you indicating that you were maintaining a sign in violation of the City of South Burlington Sign Ordinance. For whatever reason, you have chosen to ignore these letters. Unless the violating sign is permanently removed, you will leave me no choice but to institute a prosecution of this violation. Is noted in mx. Ward's letter of January 30, 1975, temporarily removing the offend- ing sign will not cure the basic violation. The ten-day provision is applicable only in the first instance and then to allow sufficient time for the removal of the offending Sign. It is not a provision which provides only for removal every 10th day. Vihile not statutorily mandated, this letter is sent with the purpose of avoiding for both the city and yourself the time and costs of a prosecution of this violation. However, you should be aware that if you are not in full compliance with the South Burlington Sign ordinance by March 24th and thereafter, I will immediately institute a prosecution for any and all violations of this ordinance. Very truly yours, Joseph F. Obuchowski JFO o. rim cci Richard R. Ward Dick, I've misplaced my copy of your January 30, 1975 letter. Could you send me another copy? Thanks. JFO ti January 30, 1975 We-son's Diner & Rcstaurant 1110 Shelburn�n Road South Burlington, VT 051+01 Notice of Viol.,ation r, c-ction )+ ?, q Siin Regulations rear ear Mr. Wesson: 7V!e r-:�c-ret to inform you that your -1--cently erected promotion U sign do -Is not con-Porr w-fth the (ity �-ign , I C, Regulations. ::s ection 9 of this ordinance provides for temporary promotion signs,, however, thesp are wInAow sif,ns only. Yorr boar,' sign which you havemount(ad on a trailer does not conform with any provisions of the ordinance. This let -ter will serve', as netice of your violation cand to irform you that the sign in question must be removed within I - r and hereinafter te,n (10) da�s "rom receipt o�' this lette this sign shall not be erected. Your failure to comply with this order will result in this office having to turn this matter over to the Grand Juror for whatever let,al actior he deems neCE�Ssary. cc Attorney Joseph Obuchowski Very truly, Richard 'Ward Zoninf-, Administreative C.'f.-Icer December 169 1975 ',4esson's Diner 1110 Shelburne Road South 3urlington, Vermont G'5461 Dear YIr,, Wesson: Due to a recent court decision in favor of the City involving signs mounted on utility trailers' south Burl- ington olans to initiate a strong enf'orcement pormwlicyith the regarding sins of tthisjs ty�e which do not confoi-n Lj ,)revisions set forth in tree Sign Ordinance. This office has oiaserved thL=t you are maintaining a similar sign on your premisest and thereby directly violating erections 4 and 8 of the Sign Ordinance. 0 You are hereby requested to permanently remove the sign in question avid are further advised that any re - erection will be received as a continuation of the present existence of said sign. Your cooperation within ten (10) days from receipt of this notice will prevent this ollice from taking any further action involving the City Grand Juror, legal VeiY true .-, I yours Richard 'iiard, Code Officer H,v41d1G November 1P, 1974 1" sson's Diner & Restaurant 1110 ','->helburne� Road S ,'Cuth PUrlington, VT 05401 .Dear ',Tr. Wesson: regarding This letter will con.�;irm our conversation on this date thr reader board sign you have recently erected. The Ci r Sign -.-�eg "fg, ulations �oT�ojjjbit tjj(� erection O-r- any ten1pornlry 'I rnotional signs. I- - . promotion s" t does Provide for window p �nsq however, these are only for promotions and the ;)ermit it va-7-16 for seven (7) days, k Your sign is in direct viol.,�tjr�n 0. the sign regulations and must be removed. Your cooperation in this matter will prevent the City frorn havin7 to take any further legal action. Very truly, Richar-" 'a'ard Zoning Administrative Officer RW/j