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PROFESSIONAL FORMS, INC, 1-800-537-0245
BUILDING INSPECTION REPORT
~ CITY OF BLAIR
o WASHINGTON COUNTY
LOCATION OF INSPECTION'
NAME OF OWNER' c:~~~ ~~
DATE INSPECTION REQUESTED' 4- - 1l.P - 0 q
/ ;25.;(
CONTRACTO '
TIME INSPECTION REQUESTED' ~ :30 A · M.
,
PERMIT NO' (AO/J, 7116.
,
o CONFERENCE 0 STATUS CHECK
DRYW AL FINAL 0 PARTIAL
~tJ.
~ F~ED
TYPE OF INSPECTION REQUESTED:
BUILDING: 0 FOOTING 0 DECK FOOTING 0 FRAMING 0
COMMENTS:
UTILITIES: 0 SEWER TAP 0 SEWER 0 SEPTIC 0 WATER TAP 0 REMOTE
o PARTIAL
PASSED FAILED
o 0
COMMENTS:
ELECTRICAL: 0 ROUGH IN 0 FINAL 0 PERMANENT SERVICE 0 TEMPORARY SERVICE 0 PRECONNECT
o PARTIAL
PASSED FAILED
o 0
COMMENTS:
MECHANICAL:D ROUGH-IN 0 AlC 0 FURNACE 0 RADIANTHEAT 0 FINAL 0 PARTIAL
PASSED FAILED
o 0
COMMENTS:
PLUMBING: 0 GROUNDWORK 0 ROUGH-IN 0 FINAL 0 WATERMETERINSTALLED 0 PARTIAL
o PRESSURE TEST
PASSED FAILED
o 0
COMMENTS:
o OCCUPANCY GRANTED 0 CONDITIONAL OCCUPANCY GRANTED
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DATE OF INSPECTION MADE:
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INSPECTO '
FAXED OPPD\BURT REA
TO CONNECT SERVICE: ON
BY
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CITY OF BLNQ
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June 25,2008
OWNER (S) OF RECORD: (As Identified from the Washington County Assessor's Office)
Clark and Judy Smith
4008 Crown Point
Omaha, NE 68111
RE: Inspection Request for 1252 Colfax Street, Blair, Nebraska
BC Lot 8 and Part of Vacated Street, Block 69, Washington County, NE
Dear Mr. & Mrs. Smith,
This is a courtesy notice informing you the City of Blair has received a complaint that
your property known as "1252 Colfax Street, BC Lot 8 and Part of Vacated Street, Block 69"
may be in violation of the City's property maintenance code. The City enforces the 2006
International Property Maintenance Code.
It is standard procedure for us to request an inspection on a rental property whenever a
complaint is received. Therefore, in order for the Building Inspector to make a formal evaluation
of the property, please schedule an inspection by Monday, July 7, 2008. We are aware that you
do not regain access until noon as of June 30, 2008. If violations are found, you will receive a
letter outlining the violations that need to be corrected and a deadline for having them corrected.
If no violations are found, the city will issue you a letter to that effect.
To schedule an inspection, please contact Blair City Hall at (402) 426-4191, between
8:00 AM and 4:30 PM, Monday through Friday. Your prompt attention to this matter is greatly
appreciated.
Sincerely,
~
Brenda Wheeler
City Clerk
Cc: David Drew, Attorney
218 South 16th Street. Blair, Nebraska 68008 . 402-426-4191 . Fax 402-426-4195 . E-mail cityofblair@cLblair.ne,us
(5)-
EOllALIiOUS!HO
OPPORTUNITY
City of Blair
Property Maintenance Report
Owner Name: Clark Smith
Property Location: 1252 Colfax Street
Legal Description: BC Lot 8 & PT of V AC ST BLK 69 112 PC 8
Violation Code Descriotion
00 Comments
Chapter 3 - General Requirements
Section 302 Exterior Property Areas
X 302.01 SANITATION. All exterior property and premises shall be maintained in a The property has junk left from renter moving!
clean, safe, and sanitary condition
302.02 GRADING AND DRAINAGE. All premises shall be graded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or
within any structure located thereon. Exception: Approved retention areas and
reservoirs.
302.3 SIDEWALK AND DRIVEWAYS. All sidewalks, walkways, stairs, driveways,
and similar areas shall be kept in a proper state of repair, and maintained free from
hazardous conditions.
302.4 WEEDS. All premises and exterior property shall be maintained free from weeds
or plant growth in excess of 12 inches.
302.5 RODENT HARBORAGE. All structures and exterior property shall be kept free
from rodent harbarage and infestation. Where rodents are found, prompt extermination
shall be implemented. Precautions for reinfestation required.
302.6 EXHAUST VENTS. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous particulate
wastes directly upon abutting public or private property.
X 302.7 ACCESSORY STRUCTURES. All accessory structures, including detached Accessory building & fences shall be repaired or
garages, fences and walls, shall be maintained structurally sound and in good repair. removed.
302.8 MOTOR VEIDCLES. No inoperative or unlicensed motor vehicle shall be
parked, kept or stored on any premises, and no vehicle shall at any time be in a state of
major disassembly, disrepair or in the process of being stripped or dismantled.
302.9 DEFACEMENT OF PROPERTY. No person shall willfully or wantonly
damage, mutilate, or deface any exterior surface of any structure on private or public
property by placing thereon any marking, carving or graffiti.
Section 303 Swimming Pools, Spas and Hot Tubs
303.1 SWIMMING POOLS. Swimming pools shall be maintained in a clean and
sanitary condition.
303.2 ENCLOSURES. Private swimming pools, hot tubs and spas, containing more than
24 inches (610 mm) in depth shall be completely surrounded by a fence or barrier at
least 48 inches (1219 mm) in height above the finished ground level measured on the
side of the barrier away from the pool.
Section 304 Exterior Structure
304.1 GENERAL. The exterior of a structure shall be maintained in good repair, The house is in need of painting or equivalent siding.
X structurally sound and sanitary so as not to pose a threat to the public health, safety or
welfare.
304.2 PROTECTIVE TREATMENT. All exterior surfaces, including, but not limited Protective treatment shall be provided for window
to, doors, door and window frames, comices, porches, trim, balconies, decks and fences frames, doors & any exterior wood surfaces.
X shall be maintained in good condition. Exterior wood surfaces, other than decay-
resistant woods, shall be protected from the elements and decay by painting or other
protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted.
304.3 PREMISES IDENTIFICATION. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street or road fronting the
property.
304.4 STRUCTURAL MEMBERS. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the imposed dead and live
loads.
304.5 FOUNDATION WALLS. All foundation walls shall be maintained plumb and
free from open cracks and breaks and shall be kept in such condition so as to prevent the
entry of rodents and other pests.
304,6 EXTERIOR WALLS, All exterior walls shall be free from holes, breaks, and
loose or rotting materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration,
304,7 ROOFS AND DRAINAGE, The roof and flashing shall be sound, tight, and not Roof gutters shall be cleaned to allow drainage from
have defects that admit rain, Roof drainage shall be adequate to prevent dampness or the roof.
X deterioration in the walls or interior portion of the structure. Roof drains, gutters and
downspouts shall be maintained in good repair and free from obstructions, Roofwater
shall not be discharged in a manner that creates a public nuisance,
304,8 DECORATIVE FEATURES, All comices, belt courses, corbels, terra cotta trim,
wall facings and similar decorative features shall be maintained in good repair with
proper anchorage and in a safe condition.
304,9 OVERHANG EXTENSIONS, All overhand extensions, including canopies, The car port shall be maintained in good repair.
X marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be
maintaincd in good repair and be properly anchored so as to be kept in sound condition,
304.10 STAIRWAYS, DECKS, PORCHES AND BALCONIES, Every exterior
stairway, deck, porch and balcony, and all appurtenances attached t11ereto, shall be
maintained structurally sound, in good repair, with proper anchorage and capable of
supporting the imposed loads.
304.11 CHIMNEYS AND TOWERS, All chimneys, cooling towers, smoke stacks and
similar appurtenances shall be maintained stmcturally safe and sound, and in good
repair, All exposed surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather-coating materials, such as paint
or similar surface treatment.
304.12 HANDRAILS AND GUARDS, Every handrail and guard shall be firmly
fastened and capable of supporting normally imposed loads and shall be maintained in
good condition,
304.13 WINDOW, SKYLIGHT AND DOOR FRAMES, Every window, skylight, door
and frame shall be kept in sound condition, good repair and weather tight. All glazing
materials shall be maintained free from cracks and holes, Every window, other than a
fixed window, shall be easily openable and capable of being held in position by window
hardware,
304,14 INSECT SCREENS, From May 1 and October 1, every door, window and other
outside opening required for ventilation of habitable rooms, food preparation areas, food
service areas or any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored, shall be supplied with
approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm)
and every swinging door shall have a self-closing device in good working condition,
Exceptions: Screens shall not be required where other approved means, such as air
curtains or insect repellent fans, are employed.
304.15 DOORS, All exterior doors, door assemblies and hardware shall be maintained
in good condition. Locks at all entrances to dwelling units, rooming units and guest
rooms shall tightly secure door,
304,16 BASEMENT HATCHWAYS, Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
304,17 GUARDS FOR BASEMENT WINDOWS, Every basement window that is
openable shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
304.18 BUILDING SECURITY, Doors, windows or hatchways for dwelling units,
room units or housekeeping units shall be provided with devices designed to provide
security for the occupants and property within,
304,18.1 DOORS, Doors providing access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with a dead bolt lock
meeting specifications set forth herein, Such deadbolt locks shall be operated only by
the tuming ofaknob or key and shall have a lock throw of not less than I-inch. For the
purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt
lock, Such deadboIt locks shall be installed according to manufacturer's specifications
and maintained in good working order. All deadbolt locks required by this section shall
be designed and installed in such a manner so as to be operable inside of the dwelling
units, rooming unit or housekeeping unit without the use of a key, tool, comhination
thereof or any other special knowledge or effort.
304.18.2 WINDOWS, Operable windows located in whole or part within 6 feet (1828
mm) above ground level or a walking surface below that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped
with a window sash locking devices.
304.18.3 BASEMENT HATCHWAYS, Basement hatchways that provide access to a
dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be
equipped with devices that secure the units from unauthorized entry,
Sectioll 305 Interior Structure
305.1 GENERAL, The interior of a structure and equipment therein shall be maintained There is a possibility of mold present but cannot be
in good repair, structurally sound and in a sanitary condition. Every OCCUPANT shall verified without the required testing.
X keep that part of the structure he occupies or controls in a clean and sanitary condition,
Every OWNER of a structurc containing a rooming house, hotel, dormitory, two or more c
dwellings units, shall maintain in a clean and sanitary condition, the shared or public
areas of the structure and the exterior property.
305,2 STRUCTURAL MEMBERS, All structural members shall be maintained
structurally sound, and be capable of supporting the imposed loads.
305.3 INTERIOR SURFACES, All interior surfaces, including windows and doors, There is a possibility of mold present but cannot be
X shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or verified without the required testing causing
abraded paint shall be repaired, removed or covered, Cracked or loose plaster, decayed
wood and other defective surface conditions shall be corrected, unsanitary conditions.
305.4 STAIRS AND WALKING SURFACES, Every stair, ramp, landing, balcony,
porch, deck or other walking surfacc shall bc maintained in sound condition and good
repair,
305.5 HANDRAILS AND GUARDS. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained in good
condition,
305.6 INTERIOR DOORS. Every interior door shall fit reasonably well within its frame
and shall be capable of being opened and closed by being properly and securely attached
to jambs, headers or tracks as intended by the manufacturer ofthe attachment hardware.
Sectioll 306 Halldrails alld Guardrails
306.1 GENERAL, Every exterior and interior flight of stairs having more than four
risers shall have a handrail on one side of the stair and every open portion of a stair,
landing, balcony, porch, deck, ramp or other walking surface which is more than 30
inches (762 mm) above the floor or grade below shall have guards, Handrails shall not
be less than 30 inches (762 mm) high or morc than 42 inches (1067 mm) high measured
vertically above the nosing of the tread or above the finished floor or the landing or
walking surfaces, Guards shall not be less than 30 inches (762 mm) high above the floor
of the landing, balcony, porch, deck or ramp or other walking surfaces, Exception:
Guards shall not be required where exempted by the adopted building code.
Section 307 Rubbish alld Garbage
307.1 ACCUMULATION OF RUBBISH OR GARBAGE, All exterior property and All garbage and/or rubbish shall be removed.
X premises, and the interior of every structure, shall be free from any accumulation of
rubbish or garbage,
307.2 DISPOSAL OF RUBBISH, Every occupant of a structure shall dispose of all The garbage and/or rubbish shall be disposed of
rubbish and garbage in a clean and sanitary manner by placing such rubbish in approved properly.
containers, 307.2.1 RUBBISH STORAGE FACILITIES, The owner of every occupied
X premises shall supply approved covered containers for rubbish, and the owner of the
premises shall be responsible for the removal of rubbish. 307,2,2 REFRIGERATORS,
Refrigerators and similar equipment not in operation shall not be discarded, abandoned
or stored on premises without first removing the doors,
307.3 DISPOSAL OF GARBAGE, Every occupant of a structure shall dispose of
garbage in a clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers, 307.3,1 GARBAGE FACILITIES,
The owner of every dwelling shall supply one of the following: an approved mechanical
food waste grinder in each dwelling unit; an approved incinerator unit in the structure
available to the occupants in each dwelling unit; or an approved leakproof, covered,
outside garbage container, 307.3.2 CONTAINERS, The operator of every establishment
producing garbage shall provide, and at all times cause to be utilized, approved
leakproof containers provided with close-fitting covers for the storage of such materials
until removed from the premises for disposal.
Sectioll 308 E>.1erminatioll
308.1 INFESTATION, All structures shall be kept free from insect and rodent
infestation, All structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human health, After
extermination, proper precautions shall be taken to prevent reinfestation,
308,2 OWNER. The OWNER of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
308.3 SINGLE OCCUPANT, The occupant of a one-family dwelling or of a single-
tenant nonresidential structure shall be responsible for extermination on the premises,
308.4 MUL TlPLE OCCUPANCY, The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall
be responsible for extermination in the public or shared areas of the structure and
exterior property, If infestation is caused by failure of an occupant to prevent such
infestation in the area occupied, the occupant shall be responsible for extermination,
308.5 OCCUPANT, The occupant of any structure shall be responsible for the continued
rodent and pest-free condition ofthe structure. Exception: Where the infestations are
caused by defects in the structure, the owner shall be responsible for extermination,
605.3 LIGHTING FIXTURES, Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room, and fumace room shall contain at least one
electric lighting fixture,
Section 606 Elevators, Escalators and Dumbwaiters
606.1 GENERAL, Elevators, dumbwaiters and escalators shall be maintained to sustain
safely all imposed loads, to operate properly, and to be free from physical and fire
hazards, The most current certificate of inspection shall be on display at all times within
the elevator or attached to the escalator or dumbwaiter; or the certificate shall be
available for public inspection in the office of the building operator,
606,2 ELEVATORS, In buildings equipped with passenger elevators, at least one
elevator shall be maintained in operation at all times when the building is occupied,
Exception: Buildings equipped with only one elevator shall be permitted to have the
elevator temporarily out of service for testing or servicing,
607 Duct Systems
607,1 GENERAL. Duct systems shall be maintained free of obstructions and shall be
capable of performing the required function. .
Chapter 7 Fire Safety Requirements
Section 702 Means of Egress
702.1 GENERAl A safe, continuous and unobstructed path of travel shall be provided
from any point in a building or structure to the public way, Means of egress shall
comply with the International Fire Code.
702,2 AISLES, The required width of aisles in accordance with the International Fire
Code shall be unobstructed,
702.3 LOCKE DOORS, All means of egress doors shall be readily openable from the
side from which egress is to be made without the need for keys, special knowledge or
effort, except where the door hardware conforms to that permitted by the Intemational
Building Code,
702,4 EMERGENCY ESCAPE OPENINGS, Required emergency escape openings shall
be maintained in accordance with the code in effect at the time of construction, and the
following. Required emergency escape and rescue openings shall be operational from
the inside of the room without the use of keys or tools, Bars, grilles, grates or similar
devices are permitted to be placed over emergency escape and rescue openings provided
the minimum net clear opening size complies with the code that was in effect at the time
of construction and such devices shall be releasable or removable from the inside
without the use of a key, tool or force greater than that which is required for normal
operation ofthe escape and rescue opening.
Section 703 Fire Resistance Ratings
703,1 FIRE-RESISTANCE-RATED ASSEMBLIES, The required fire-resistance rating
of fire-resistance rated walls, fire stops, shaft enclosures, partitions and floors shall be
maintained,
703.2 OPENING PROTECTNES, Required opening protectives shall be maintained in
an operative condition, All fire and smokestop doors shall be maintained in operable
condition, Fire doors and smoke barrier doors shall not be blocked or obstructed or
otherwise made inoperable,
Section 704 Fire Protection Systems
704,1 GENERAL, All systems, devices and equipment to detect a fire, actuate an alarm Smoke detectors are by the 2006 IRC Code.
X or suppress or control a fire or any combination thereof shall be maintained in an
operable condition at all times in accordance with the International Fire Code.
704,2 SMOKE ALARMS. Single or multiple-station smoke alarms shall be installed and Smoke detectors are required in all sleeping rooms,
maintained in Groups R-2, R-3, R-4 and in dwellings not regulated in Group R in the vicinity outside each bedroom & each level.
occupancies, regardless of occupant load at all of the following locations: I) On the
ceiling or wall outside of each separate sleeping area in the immediate vicinity of
X bedrooms. 2) In each room used for sleeping purposes, 3) In each story within a
dwelling unit, including basements and cellars but not including crawl spaces and
uninhabitable attics, In dwellings or dwelling units with split levels and without an
intervening door between the adjacent levels, a smoke alarm installed on the upper level
shall suffice for the adjacent lower level provided that tile lower level is less than one
full story below the upper level. Single or multiple station smoke alarms shall be
installed in other groups in accordance with the Intemational Fire Code,
704.3 POWER SOURCE. In Group R occupancies and in dwellings not regulated as The smoke detectors shall be hard wired with
Group R occupancies, single station smoke alarms shall receive their primary power battery back-up. The detectors shall inter connected
from the building wiring provided that such wiring is served from a commercial source
and shall be equipped with a battery backup, Smoke alarms shall emit a signal when the so as to allow activation when one alarm sounds they
batteries are low, Wiring shall be permanent and without a disconnecting switch other all go off.
X than as required for overcurrent protection. Exception: Smoke alarms are permitted to
be solely battery operated in buildings where no construction is taking place, buildings
that are not served from a commercial power source and in existing areas of buildings
undergoing alterations or repairs that do not result in the removal of interior wall or
ceiling finishes exposing the structure, unless there is an attic, crawl space or basement
available which could provide access for building wiring without the removal of interior
finishes,
704,4 INTERCONNECTION, Where morc than onc smoke alarm is required to be The smoke detectors shall be interconnected.
installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not
regulated as Group R occupancies, the smoke alarms shall be interconnected in such a
manner that the activation of one alarm will activate all of the alarms in the individual
unit. The alarm shall be clearly audible in all bedrooms over background noise levels
X with all intervening doors closed, Exception: 1) Interconnection is not required in
buildings which are not undergoing alterations, repairs or construction of any kind. 2)
Smoke alarms in existing areas are not required to be interconnected where alterations or
repairs do not result in the removal of interior wall or ceiling finishes exposing the
structure, unless there is an attic, crawl space or basement available which could provide
access for interconnection without the removal of interior finishes,
(3Jdj irJ~nuV
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IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA
Clark Smith and Judy Smith,
formally known as Judy Ray,
Plaintiff,
Defendant.
)
)
)
)
)
)
)
)
Case No. CI08-356
v.
ORDER OF EVICTION
Becky Millrons,
The matter of the Petition for Restitution of Premises came on before the Court on June
23, 2008. Evidence was adduced and the Court being duly and fully advised in the premises
finds that the Defendant was properly served and that a 3 Day Notice of Termination of Rental
Agreement for Nonpayment of Rent was duly served upon the Defendant. The Defendant has
failed to vacate the premises as required and refuses to give peaceful possession to said leased
premises, and that the Defendant forfeited her lease agreement and the same terminated as of
noon on 0U~ ;0 ,200 Y
IT IS THEREFORE ORDERED THAT the lease agreement between the Plaintiff and the
--
Defendant terminated as of noon on \. J l( Wg-?q 200 '8" and that the Plaintiff shall be
~ -
entitled to restitution of the property located at 1252 Colfax St., Blair, Washington County,
Nebraska. The Defendant is hereby evicted and Ordered to vacate the premises. And
furthermore, that a Writ of Restitution of Premises shall be entered directing the Sheriff to
restore possession of the premises to the Plaintiff on noon of ill /</6' ;;0, 200 Y.
;=.\ -- --
Dated this.22: day of ,_Jt.oJe , 200 ~.
AND IT IS SO ORDERED
MA TTHEW SAMUELSON
Prepared and Submitted by;
David V. Drew. (#23153
Drew Law Finn
P.O. Box 462 - 1555 Washington St.
Blair, Nebraska 68008
(402) 426-2636
BUILDING INSPECTION REPORT
CITY OF BLAIR
o WASHINGTON COUNTY
LOCA nON OF INSPECTION:
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TYPE OF INSPECTION REQUESTED: 0 CONFERENCE
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GREGORY P. DREW
GPDrew@huntel.net
Dale Miller
City of Blair
218 South 16th Street
Blair, Nebraska 68008
DREW LAW FIRM
1555 WASHINGTON STREET - P.O. BOX 462
BLAIR, NEBRASKA 68008
PHONE: 402-426-2636 FAX: 402-426-2777
DAVID V. DREW
DVDrew@huntel.net
June 19,2008
RE: Clark and Judy Smith
Dear Mr. Miller:
I represent Clark and Judy Smith who own the residence at 1252 Colfax Street in Blair.
Clark and Judy called me yesterday to tell me that YOll were taking pictures of the junk in the
yard and the weeds. 1 assume that you are considering taking some action to remedy the mess,
This letter is to let you know that I am specifically hired to evict the tenant at that
residence, Becky Milrons for unpaid rent and the condition of the property. The eviction hearing
is set for Monday, June 23 and I anticipate that the judge will set the eviction date for June 29 at
the latest. My clients plan to clean up the mess as soon as they can legally take possession of the
property.
Please allow them a week or so to get the property cleaned up before taking any action,
Thank you.
Si~ereJlY,! ~
Jj&w U c<J0t/
David V. Drew
On Wednesday June 18, 2008 I, Shelly Jones, talked to Clark Smith, the landlord,
about 1252 Colfax St and asked him whether or not Becky Millrons had moved
out of the property. Mr. Smith relayed to me that he was in the process of
evicting her, that she was out of the house but Mr. Smith needed to get
permission from the court to enter the property and clean it up. Mr. Smith
realized there was quite a problem with the property being a mess and will be
going to court on June 23, 2008. He will come to our office after court and talk to
us about the property. If the judge gives him permission he will begin cleaning up
the property.
On June 17,2008 Dale Miller went to 1252 Colfax St to take pictures on a
complaint. At that time Mrs. Smith was there. Dale told her why he was there
and said the City would be following up with a letter about the problems with the
property and the City may want to get inside.
~ytr
j
~if;~
Shelly Jones
Dale Miller
Identify from:
Ownership Parcels
[dentified 1 feature
Tuesday, Jun 17, 2008 03:42 PM
LocatiOn:
CID
CURRENTOWN
Dissolve_Shape
LEGAL
MAIL1
MAIL2
MAIL3
MAP
OBJECTID _1
ParcelID
ParcelType
PID
PRIMAR VSIT
Problems
Shape_Area
Shape_Length
ZIP CODE
80J295.380 Feet
I Value
o
SMITH) CLARK
Polygon
BC LOT 8 & PT OF VAC ST BLK 69 112 PC 8
4008 CROWN POINT
OMAHA)NE
<null>
53530
890046032
Single Owner Parcel
890046032
1252 \COLFAX ST BLA
8992.844578
419.823792
68111-0000
Landlord Accl B
Contact Name
Name
Address 1
Street #/Name
City/State
Zip
Carrier
Country
E-Mail
81
CLARK SMITH
4008 CROWN POINT AVE
OMAHA NE
68111-1008
Mail Sort
Tuesday, Jun 17, 2008 03:43 PM
Delivery
Address r
I!\:ccolJnl f71istory
Notes:
Short Name
License #
TaxlD
Home Phone
Work Phone
Cell
Fax
Credit Status
P
SMITH CLARK
402-451-2908
Work Ext
c:ffith; in;J./Arrw
//ift/t/ Co J!.d.3'g
(3.JtttA ;</ e' u tit?tJ (]
IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA
Clark Smith and Judy Smith,
formally known as Judy Ray,
Plaintiff,
Defendant.
)
)
)
)
)
)
)
)
Case No. CIOS-356
v.
ORDER OF EVICTION
Becky Millrons,
The matter of the Petition for Restitution of Premises came on before the Court on June
23, 2008. Evidence was adduced and the Court being duly and fully advised in the premises
finds that the Defendant was properly served and that a 3 Day Notice of Termination of Rental
Agreement for Nonpayment of Rent was duly served upon the Defendant. The Defendant has
failed to vacate the premises as required and refuses to give peaceful possession to said leased
premises, and that the Defendant forfeited her lease agreement and the same terminated as of
noon on (]ii~ ~ ,200 V
IT IS THEREFORE ORDERED THAT the lease agreement between the Plaintiff and the
-
Defendant terminated as of noon on '\. J It W~ ~ 200 8" and that the Plaintiff shall be
- -
entitled to restitution of the property located at 1252 Colfax St., Blair, Washington County,
Nebraska. The Defendant is hereby evicted and Ordered to vacate the premises. And
furthermore, that a Writ of Restitution of Premises shall be entered directing the Sheriff to
restore possession of the premises to the Plaintiff on noon of ill /VI!!: ;:50, 200 Y.
i=-\ ~ ~
Dated this 22: Clay of \._J U. x}e , 200 ~.
AND IT IS SO ORDERED
MA TTHEW SAMUELSON
Prepared and Submitted by;
David V. Drew. (#23153
Drew Law Firm
P.O. Box 462- 1555 Washington St.
Blair, Nebraska 68008
(402) 426-2636
GREGORY P. ORE'^'
GPDrew@huntel.net
Dale Miller
City of Blair
218 South 16th Street
Blair, Nebraska 68008
RE: Clark and Judy Smith
DREW LAW FIRM
1555 WASHINGTON STREET - P.O. BOX 462
BLAIR, NEBRASKA 68008
PHONE: 402-426-2636 FAX: 402-426-2777
DAVID V. ORE'^'
DVDrew@huntel.net
June 19,2008
Dear Mr. Miller:
I represent Clark and Judy Smith who own the residence at 1252 Colfax Street in Blair.
Clark and Judy called me yesterday to tell me that you were taking pictures of the junk in the
yard and the weeds. 1 assume that you are considering taking some action to remedy the mess.
This letter is to let you know that I am specifically hired to evict the tenant at that
residence, Becky Milrons for unpaid rent and the condition of the propeliy. The eviction hearing
is set for Monday, June 23 and I anticipate that the judge will set the eviction date for June 29 at
the latest. My clients plan to clean up the mess as soon as they can legally take possession of the
property.
Please allow them a week or so to get the property cleaned up before taking any action.
Thank you.
si1\.el)'elY'! ~
IJ& Uwnt/
David V. Drew
On Wednesday June 18,20081, Shelly Jones, talked to Clark Smith, the landlord,
about 1252 Colfax St and asked him whether or not Becky Millrons had moved
out of the property. Mr. Smith relayed to me that he was in the process of
evicting her, that she was out of the house but Mr. Smith needed to get
permission from the court to enter the property and clean it up. Mr. Smith
realized there was quite a problem with the property being a mess and will be
going to court on June 23, 2008. He will come to our office after court and talk to
us about the property. If the judge gives him permission he will begin cleaning up
the property.
On June 17, 2008 Dale Miller went to 1252 Colfax St to take pictures on a
complaint. At that time Mrs. Smith was there. Dale told her why he was there
and said the City would be following up with a letter about the problems with the
property and the City may want to get inside.
~~
j
~t/J~
Shelly Jones
Dale Miller
Identify from:
Ownership P areels
tdentified 1 feature
Tuesday, Jun 17, 2008 03:42 PM
Ownership Parcels
Location:
t=ield
CID
CURRENTOWN
Dissolve_Shape
LEGAL
MAIL1
MAIL2
MAIL3
MAP
OBJECTID _1
ParcelID
ParcelType
PID
PRIMARYSIT
Problems
Shape_Area
Shape_Length
ZIPCODE
Value
o
SMITH) CLARK
Polygon
BC LOT 8 & PT OF VAC ST BLK 69 112 PC 8
4008 CROWN POINT
OMAHA) NE
<null>
53530
890046032
Single Owner Parcel
890046032
1252 \COLFAX ST BLA
8992.844578
419.823792
68111-0000
landlord Acct If:
Contact Name
Name
Address 1
Street '/Name
City/State
Zip
Carrier
Country
E-Mail
81
CLARK SMITH
4008 CROWN POINT AVE
OMAHA NE
68111-1008
Mail Sort
Tuesday, Jun 17, 2008 03:43 PM
Delivery
Address
Notes:
Short Name SMITH CLARK
, license'
Tax 10
Home Phone 402-451-2908
Work Phone
Cell
Fax
Credit Status
Work Ext
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BUILDING INSPECTION REPORT
('"._~
~"'''CITY OF BLAIR
--"--~'>
D W ASHlNGTON COUNTY P O~.,HER
- ,,') /(J/, tI/J \Y ..L
LOCATIONOFINSPEC)J.ON~ /;.750, (. (}-l,<<cl/{1 \J I .,
NAME OF OWNER' / ~ P 11.4 t ~"11i Jill.; CONTRAa,
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DATE INSPECTION REQUESTED' (y ~(.:g () -' 015 TIME INSPECTION REQUESTED,\.3,' :~ {J0' (){ PERMIT NO'
- - \
TYPEOFINSPECrrONREQUESTED: D CONFERENCE D STATU,SCHECK
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BUILDING: D FOOTING D DECK FOOTING D FRAMING D DRYWALL D FINAL D PARTIAL PASSED FAILED
D D
COMMENTS:
UTILITIES: D SEWER TAP D SEWER D SEPTIC D WATER TAP D REMOTE n WATER SERVICE
D PARTIAL
PASSED FNLED
D D
COMMENTS:
ELECTRICAL: D ROUGH IN D FINAL D PERMANENT SERVICE D TEMPORARY SERVICE D PRECONNECT
D PARTIAL
PASSED FAILED
[] D
COMMENTS:
MECHANICAL:D ROUGH-IN D NC D FURNACE D RADIANT HEAT D FINAL D PARTIAL
PASSED FAILED
D 0
COMMENTS:
D GROUNDWORK D ROUGH-IN D FINAL D WATERMETERINSTALLED D PARTIAL
D PRESSURE TEST
PASSED FAILED
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PLUMBING:
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::JO(;CUPANCY GRANTED D CONDITIONAL OCCUPANCY GRANTED
NbTE$iREMARKS'
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BUILDING INSPECTION REPORT
- ./
~~CITY OF BLAIR
D WASHINGTON COUNTY
D OTHER
II 1,1/'/11'1 ru
/V l.lI.J-7?tv ,<.c:<.-J crr:
CO~TRACTOR- ~~~
{/ I
TIME INSPECTION REQUESTED- ,/0/ 0 tJ _A. /1//, PERMIT NO-
/""
TYPE OF INSPECTION REQUESTED: ",CONFERENCE
~~~~~w..~ ~~~.
BUILDING: D FOOTING D DECK FOOTING D FRAMING D DRYWALL D FINAL D PARTIAL
LOCATION OF INSPECTION- /5,"j q
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NAME OF OWNER- IJle-J?J I/J1FV L'c.;r~71i:,.1 d!JA.
/' . I
17_'" ~ /18
DATE INSPECTION REQUESTED- / """ V
D STATUS CHECK
COMMENTS:
P ASSED FAILED
D D
~~~~~r~--cv---w--"""'i'
UTILITIES: D SEWER TAP D SEWER D SEPTIC D WATER TAP D REMOTE D WATER SERVICE
D PARTIAL
P ASSED FAILED
D D
COMMENTS:
ELECTRICAL: D ROUGH IN D FINAL D PERMANENT SERVICE D TEMPORARY SERVICE D PRECONNECT
D PARTIAL
FAILED
D
COMMENTS:
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MECHANICAL:D ROUGH-IN D AlC D FURNACE D RADIANTHEAT D FINAL D PARTIAL
COMMENTS:
PLUMBING: D GROUNDWORK D ROUGH-IN D FINAL D WATERMETERINSTALLED D PARTIAL
D PRESSURE TEST
PA~SED FAILEr>
D D
COMMENTS:
PASSEl) FAILED
DO
D OCCUPANCY GRANTED D CONDITIONAL OCCUPANCY GRANTED
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LOCATION OF INSPECTION• 1
NAME OF
OWNER-
DATE INSPECTION REQUESTED / lam ' �� TIME INSPECTION REQUESTED (J PERMIT
TYPE OF INSPECTION REQUESTED:
a
❑ CONFERENCE
❑ STATUS CHECK
livii.LUV V: L ruu i uNu U DE K FOOTING U FRAMING ❑ DRYWAL
C
❑ PARTIAL PAS FAILED
❑
F
UTILITIES: ❑
SEWER TAP ❑ SEWER El SEPTIC ❑ WATER TAP a
❑ REMOTE ❑ WATER SERVICE
r _
LE
F]
PARTIAL
PASSED
FAILED
COMMENTS:
❑
❑
ELECTRICAL: ❑
ROUGH IN ❑ FINAL ❑ PERMANENT SERVICE ❑ TEMPORARY SERVICE ❑ PRECONNECT
❑
PARTIAL
PASSED
FAILED
COMMENTS:
❑
❑
MECHANICAL: ❑
ROUGH IN ❑ A/C ❑ FURNACE RADIANT HEAT ❑ FINAL ❑ PARTIAL `
PASSED
S D
F
FAIL
COMMENTS:
❑
❑
PLUMBING: ❑
GROUNDWORK ❑ ROUGH -IN ❑ FINAL ❑ WATER METER INSTALLED ❑ PARTIAL
❑
PRESSURE TEST
PASSED
FAILED
COMM
❑
❑
❑ OCCUPANCY GRANTED ❑ CONDITIONAL OCCUPANCY GRANTED
NOTES/REMARKS
FAXED OPPD\BURT REA
TO CONNECT SERVICE:
DATE OF INSPECTION MADE: ( ! & TI ! 67
/
B
City of Blair
Property Maintenance Report
Owner Name: Clark Smith
Property Location: 1252 Colfax Street
Legal Description: BC Lot 8 & PT of VAC ST BLK 69 112 PC 8
Violation
Code Description
Comments
Chapter 3 — General Requirements
Section 302 Exterior Property Areas
302.01 SANITATION. All exterior property and premises shall be maintained in a
The property has junk left from renter moving!
clean, safe, and sanitary condition
302.02 GRADING AND DRAINAGE. All premises shall be graded and maintained to
prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or
within any structure located thereon. Exception: Approved retention areas and
reservoirs.
302.3 SIDEWALK AND DRIVEWAYS. All sidewalks, walkways, stairs, driveways,
and similar areas shall be kept in a proper state of repair, and maintained free from
hazardous conditions.
302.4 WEEDS. All premises and exterior property shall be maintained free from weeds
or plant growth in excess or 12 incites.
302.5 RODENT HARBORAGE. All structures and exterior property shall be kept free
from rodent harbarage and infestation. Where rodents are found, prompt extermination
shall be implemented. Precautions for reinfestation required.
302.6 EXHAUST VENTS. Pipes, ducts, conductors, fans or blowers shall not
discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous particulate
wastes directly upon abutting public or private property.
302.7 ACCESSORY STRUCTURES. All accessory structures, including detached
Accessory building c& fences shall be repaired or
X
garages, fences and walls, shall be maintained structurally sound and in good repair.
removed.
302.8 MOTOR VEHICLES. No inoperative or unlicensed motor vehicle shall be
parked, kept or stored on any premises, and no vehicle shall at any time be in a state of
major disassembly, disrepair or in the process of being stripped or dismantled.
302.9 DEFACEMENT OF PROPERTY. No person shall willfully or wantonly
damage, mutilate, or deface any exterior surface of any structure on private or public
property by placing thereon any marking, carving or graffiti.
Section 303 S)vinnming Pools, Spas and Hot Tahs
303.1 SWIMMING POOLS. Swimming pools shall be maintained in a clean and
sanitary condition.
303.2 ENCLOSURES. Private swimming pools, hot tubs and spas, containing more than
24 inches (610 min) in depth shall be completely surrounded by a fence or barrier at
least 48 inches (1219 mm) in height above the finished ground level measured on the
side of the barrier away from the pool.
Section 304 Exterior Structure
304.1 GENERAL. The exterior of a structure shall be maintained in good repair,
The house is in need of painting or equivalent siding.
X
structurally sound and sanitary so as not to pose a threat to the public health, safety or
welfare.
304.2 PROTECTIVE TREATMENT. All exterior surfaces, including, but not limited
Protective treatment shall be provided for window
to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences
frames, doors & any exterior Wood surfaces.
X
shall be maintained in good condition. Exterior wood surfaces, other than decay-
resistant woods, shall be protected from the elements and decay by painting or other
protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated
and surfaces repainted.
304.3 PREMISES IDENTIFICATION. Buildings shall have approved address numbers
placed in a position to be plainly legible and visible from the street or road fronting the
property.
304.4 STRUCTURAL MEMBERS. All structural members shall be maintained free
from deterioration, and shall be capable of safely supporting the imposed dead and live
loads.
304.5 FOUNDATION WALLS. All foundation walls shall be maintained plumb and
free from open cracks and breaks and shall be kept in such condition so as to prevent the
entry of rodents and other pests.
June 25, 2008
OWNER (S) OF RECORD: (As Identified from the Washington County Assessor's Office)
Clark and Judy Smith
4008 Crown Point
Omaha, NE 68111
RE: Inspection Request for 1252 Colfax Street, Blair, Nebraska
BC Lot 8 and Part of Vacated Street, Block 69, Washington County, NE
Dear Mr. & Mrs. Smith,
This is a courtesy notice informing you the City of Blair has received a complaint that
your property known as "1252 Colfax Street, BC Lot 8 and Part of Vacated Street, Block 69"
may be in violation of the City's property maintenance code. The City enforces the 2006
International Property Maintenance Code.
It is standard procedure for us to request an inspection on a rental property whenever a
complaint is received. Therefore, in order for the Building Inspector to make a formal evaluation
of the property, please schedule an inspection by Monday, July 7, 2008. We are aware that you
do not regain access until noon as of June 30, 2008. If violations are found, you will receive a
letter outlining the violations that need to be corrected and a deadline for having them corrected.
If no violations are found, the city will issue you a letter to that effect.
To schedule an inspection, please contact Blair City Hall at (402) 426 -4191, between
8:00 AM and 4:30 PM, Monday through Friday. Your prompt attention to this matter is greatly
appreciated.
Sincerely,
Aud�
Brenda Wheeler
City Clerk
Cc: David Drew, Attorney
218 South 16th Street a Blair, Nebraska 68008 . 402 - 426 -4191 • Fax 402 - 426 -4195 . E -mail cityofblair @ci,blair,ne.us
BUILDING INSPECTION REPORT
❑ CITY OF BLAIR
❑ WASHINGTON COUNTY
LOCATION OF
NAME OF OWNER:
DATE INSPECTION REQUESTED 'TIME INSPECTION REQUESTED ' PERMIT NO
TYPE OF INSPECTION REQUESTED: ❑ CONFERENCE
❑ STATUS CHECK
BUILDING: ❑
FOOTING ❑ DECK FOOTING ❑ FRAMING ❑ DRYWALL ❑ FINAL ❑ PARTIAL
PASSED
FAILED
COMMENTS:
UTILITIES: ❑
SEWERTAP ❑ SEWER ❑ SEPTIC ❑ WATERTAP ❑ REMOTE ❑ WATERSERVICE
PASSED
FAILED
❑
PARTIAL
❑
❑
COMMENTS:
ELECTRICAL: ❑
ROUGH IN ❑ FINAL ❑ PERMANENT SERVICE ❑ TEMPORARY SERVICE ❑ PRECONNECT
PASSED
FAILED
❑
PARTIAL
❑
❑
COMMENTS:
MECHANICAL: ❑
ROUGH -IN ❑ A/C ❑ FURNACE ❑ RADIANT HEAT ❑ FINAL ❑ PARTIAL
PASSED
FAILED
❑
❑
COMMENTS:
PLUMBING: ❑
GROUNDWORK ❑ ROUGH -IN ❑ FINAL ❑ WATER METER INSTALLED ❑ PARTIAL
PASSED
FAILED
❑
PRESSURE TEST
❑
❑
COMMENTS:
OCCUPANCY GRANTED
❑ CONDITIONAL OCCUPANCY GRANTED
NOTES/REMARKS.
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304.6 EXTERIOR WALLS. All exterior walls shall be free from holes, breaks, and
loose; or rotting materials; and maintained weatherproof and properly surface coated
where required to prevent deterioration.
304.7 ROOFS AND DRAINAGE. The roof and flashing shall be sound, tight, and not
Roof gutters shall be cleaned to allow drainage from
have defects that admit rain. Roof drainage shall be adequate to prevent dampness or
the roof.
deterioration in the walls or interior portion of the structure. Roof drains, gutters and
downspouts shall be maintained in good repair and free from obstructions. Roof water
shall not be discharged in a manner that creates a public nuisance.
304.8 DECORATIVE FEATURES. All cornices, belt courses, corbels, terra cotta trim,
wall facings and similar decorative features shall be maintained in good repair with
proper anchorage and in a safe condition.
304.9 OVERHANG EXTENSIONS. All overhand extensions, including canopies,
The car port shall be maintained in good repair.
X
marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be
maintained in good repair and be properly anchored so as to be kept in sound condition.
304.10 STAIRWAYS, DECKS, PORCHES AND BALCONIES. Every exterior
stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be
maintained structurally sound, in good repair, with proper anchorage and capable of
supporting the imposed loads.
304.11 CHIMNEYS AND TOWERS. All chimneys, cooling towers, smoke stacks and
similar appurtenances shall be maintained structurally safe and sound, and in good
repair. All exposed surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather- coating materials, such as paint
or similar surface treatment.
304.12 HANDRAILS AND GUARDS. Every handrail and guard shall be firmly
fastened and capable of supporting normally imposed loads and shall be maintained in
good condition.
304.13 WINDOW, SKYLIGHT AND DOOR FRAMES. Every window, skylight, door
and frame shall be kept in sound condition, good repair and weather tight. All glazing
materials shall be maintained free from cracks and holes. Every window, other than a
fixed window, shall be easily openable and capable of being held in position by window
hardware.
304.14 INSECT SCREENS. From May 1 and October 1, every door, window and other
outside opening required for ventilation of habitable rooms, food preparation areas, food
service areas or any areas where products to be included or utilized in food for human
consumption are processed, manufactured, packaged or stored, shall be supplied with
approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm)
and every swinging door shall have a self - closing device in good working condition.
Exceptions: Screens shall not be required where other approved means, such as air
curtains or insect repellent fans, are employed.
304.15 DOORS. All exterior doors, door assemblies and hardware shall be maintained
in good condition. Locks at all entrances to dwelling units, rooming units and guest
rooms shall tightly secure door.
304.16 BASEMENT HATCHWAYS. Every basement hatchway shall be maintained to
prevent the entrance of rodents, rain and surface drainage water.
304.17 GUARDS FOR BASEMENT WINDOWS. Every basement window that is
openable shall be supplied with rodent shields, storm windows or other approved
protection against the entry of rodents.
304.18 BUILDING SECURITY. Doors, windows or hatchways for dwelling units,
room units or housekeeping units shall be provided with devices designed to provide
security for the occupants and property within.
304.18.1 DOORS. Doors providing access to a dwelling unit, rooming unit or
housekeeping unit that is rented, leased or let shall be equipped with a deadbolt lock
meeting specifications set forth herein. Such deadbolt locks shall be operated only by
the turning of a knob or key and shall have a lock throw of not less than 1 -inch. For the
purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt
lock. Such deadbolt locks shall be installed according to manufacturer's specifications
and maintained in good working order. All deadbolt locks required by this section shall
be designed and installed in such a manner so as to be operable inside of the dwelling
units, rooming unit or housekeeping unit without the use of a Ivey, tool, combination
thereof or any other special knowledge or effort.
304.18.2 WINDOWS. Operable windows located in whole or part within 6 feet (1828
mm) above ground level or a walking surface below that provide access to a dwelling
unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped
with a window sash locking devices.
304.18.3 BASEMENT HATCHWAYS. Basement hatchways that provide access to a
dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be
equipped with devices that secure the units from unauthorized entry.
Secdon 305 Interior Structure
IN THE COUNTY COURT OF WASHINGTON COUNTY, NEBRASKA
Clark Smith and Judy Smith, ) Case No. CI08 -356
formally known as Judy Ray, )
Plaintiff, )
V. ) ORDER OF EVICTION
Becky Millrons, )
Defendant. )
The matter of the Petition for Restitution of Premises came on before the Court on June
23, 2008. Evidence was adduced and the Court being duly and fully advised in the premises
finds that the Defendant was properly served and that a 3 Day Notice of Termination of Rental
Agreement for Nonpayment of Rent was duly served upon the Defendant. The Defendant has
failed to vacate the premises as required and refuses to give peaceful possession to said leased
premises, and that the Defendant forfeited her lease agreement and the same terminated as of
noon on .�,, j u KM: , 200 V
IT IS THEREFORE ORDERED THAT the lease agreement between the Plaintiff and the
Defendant terminated as of noon on (. A16 200 �5' and that the Plaintiff shall be
entitled to restitution of the property located at 1252 Colfax St., Blair, Washington County,
Nebraska. The Defendant is hereby evicted and Ordered to vacate the premises. And
furthermore, that a Writ of Restitution of Premises shall be entered directing the Sheriff to
restore possession of the premises to the Plaintiff on noon of \J U A/ , 200 Y
Dated this day of \ (t AfE" , 200 V
AND IT IS SO ORDERED
Prepared and Submitted by:
David V. Drew. ( #23153
Drew Law Firm
P.O. Box 462— 1555 Washington St.
Blair, Nebraska 68008
(402) 426 -2636
T OURT:
MATTHEW SAMUELSON
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305.1 GENERAL. The interior of a structure and equipment therein shall be maintained
There is a possibility of mold present but cannot be
in good repair, structurally sound and in a sanitary condition. Every OCCUPANT shall
keep that part of the structure he occupies or controls in a clean and sanitary condition.
verified without the required testing.
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Every OWNER of a structure containing a rooming house, hotel, dormitory, two or more
dwellings units, shall maintain in a clean and sanitary condition, the shared or public
areas of the structure and the exterior property.
305.2 STRUCTURAL MEMBERS. All structural members shall be maintained
structurally sound, and be capable of supporting the imposed loads.
305.3 INTERIOR SURFACES. All interior surfaces, including windows and doors,
There is a possibility of mold present but cannot be
shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or
abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed
verified without the required testing causing
wood and other defective surface conditions shall be corrected.
unsanitary conditions.
305.4 STAIRS AND WALKING SURFACES. Every stair, ramp, landing, balcony,
porch, deck or other walking surface shall be maintained in sound condition and good
repair.
305.5 HANDRAILS AND GUARDS. Every handrail and guard shall be firmly fastened
and capable of supporting normally imposed loads and shall be maintained in good
condition.
305.6 INTERIOR DOORS. Every interior door shall fit reasonably well within its frame
and shall be capable of being opened and closed by being properly and securely attached
to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
Section 306 Handrails and Guardrails
306.1 GENERAL. Every exterior and interior flight of stairs having more than four
risers shall have a handrail on one side of the stair and every open portion of a stair,
landing, balcony, porch, deck, ramp or other walking surface which is more than 30
inches (762 mm) above the floor or grade below shall have guards. Handrails shall not
be less than 30 inches (762 mm) high or more than 42 inches (1067 mm) high measured
vertically above the nosing of the tread or above the finished floor or the landing or
walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor
of the landing, balcony, porch, deck or ramp or other walking surfaces. Exception:
Guards shall not be required where exempted by the adopted building code.
Section 307 Rubbish and Garbage
307.1 ACCUMULATION OF RUBBISH OR GARBAGE. All exterior property and
All garbage and /or rubbish shall be removed.
premises, and the interior of every structure, shall be free from any accumulation of
rubbish or garbage.
307.2 DISPOSAL OF RUBBISH. Every occupant of a structure shall dispose of all
The garbage and /or rubbish shall be disposed of
rubbish and garbage in a clean and sanitary manner by placing such rubbish in approved
307.2.1
properly.
containers. RUBBISH STORAGE FACILITIES. The owner of every occupied
premises shall supply approved covered containers for rubbish, and the owner of the
premises shall be responsible for the removal of rubbish. 307.2.2 REFRIGERATORS.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned
or stored on premises without first removing the doors.
307.3 DISPOSAL OF GARBAGE. Every occupant of a structure shall dispose of
garbage in a clean and sanitary manner by placing such garbage in an approved garbage
disposal facility or approved garbage containers. 307.3.1 GARBAGE FACILITIES.
The owner of every dwelling shall supply one of the following: an approved mechanical
food waste grinder in each dwelling unit; an approved incinerator unit in the structure
available to the occupants in each dwelling unit; or an approved leakproof, covered,
outside garbage container. 307.3.2 CONTAINERS. The operator of every establishment
producing garbage shall provide, and at all times cause to be utilized, approved
leakproof containers provided with close - fitting covers for the storage of such materials
until removed from the premises for disposal.
Section 308 Extermination
308.1 INFESTATION. All structures shall be kept free from insect and rodent
infestation. All structures in which insects or rodents are found shall be promptly
exterminated by approved processes that will not be injurious to human health. After
extermination, proper precautions shall be taken to prevent reinfestation.
308.2 OWNER. The OWNER of any structure shall be responsible for extermination
within the structure prior to renting or leasing the structure.
308.3 SINGLE OCCUPANT. The occupant of a one - family dwelling or of a single -
tenant nonresidential structure shall be responsible for extermination on the premises.
308.4 MULTIPLE OCCUPANCY. The owner of a structure containing two or more
dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall
be responsible for extermination in the public or shared areas of the structure and
exterior property. If infestation is caused by failure of an occupant to prevent such
infestation in the area occupied, the occupant shall be responsible for extermination.
308.5 OCCUPANT. The occupant of any structure shall be responsible for the continued
rodent and pest -free condition of the structure. Exception: Where the infestations are
caused by defects in the structure, the owner shall be responsible for extermination.
-74 r--P�
DREW LAW FIRM
1555 WASHINGTON STREET - P.O. BOX 462
BLAIR, NEBRASKA 68008
PHONE: 402- 426 -2636 FAX: 402- 426 -2777
GREGORY P. DREW
GPDrew @huntel.net
June 19, 2008
Dale Miller
City of Blair
218 South 16th Street
Blair, Nebraska 68008
RE: Clark and Judy Smith
Dear Mr. Miller:
DAVID V. DREW
DVDrew @huntel.net
I represent Clark and Judy Smith who own the residence at 1252 Colfax Street in Blair.
Clark and Judy called me yesterday to tell me that you were taking pictures of the junk in the
yard and the weeds. I assume that you are considering taking some action to remedy the mess.
This letter is to let you know that I am specifically hired to evict the tenant at that
residence, Becky Milrons for unpaid rent and the condition of the property. The eviction hearing
is set for Monday, June 23 and I anticipate that the judge will set the eviction date for June 29 at
the Latest. My clients plan to clean up the mess as soon as they can legally take possession of the
property.
Please allow them a week or so to get the property cleaned up before taking any action.
'] you.
Si yerely,
David V. Drew
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605.3 LIGHTING FIXTURES. Every public hall, interior stairway, toilet room, kitchen,
bathroom, laundry room, boiler room, and furnace room shall contain at least one
electric lighting fixture.
Section 606 Elevators, Escalators and Dumbivaiters
606.1 GENERAL. Elevators, dumbwaiters and escalators shall be maintained to sustain
safely all imposed loads, to operate properly, and to be free from physical and fire
hazards. The most current certificate of inspection shall be on display at all times within
the elevator or attached to the escalator or dumbwaiter; or the certificate shall be
available for public inspection in the office of the building operator.
606.2 ELEVATORS. In buildings equipped with passenger elevators, at least one
elevator shall be maintained in operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the
elevator temporarily out of service for testing or servicing.
607 Duct S�ystenrs
607.1 GENERAL. Duct systems shall be maintained free of obstructions and shall be
capable of performing the required function.
Chapter 7 Fire Safety Requirements
Section 702 Means of Egress
702.1 GENERA] A safe, continuous and unobstructed path of travel shall be provided
from any point in a building or structure to the public way. Means of egress shall
comply with the International Fire Code.
702.2 AISLES. The required width of aisles in accordance with the International Fire
Code shall be unobstructed.
702.3 LOCKE DOORS. All means of egress doors shall be readily openable from the
side from which egress is to be made without the need for keys, special knowledge or
effort, except where the door hardware conforms to that permitted by the International
Building Code.
702.4 EMERGENCY ESCAPE OPENINGS. Required emergency escape openings shall
be maintained in accordance with the code in effect at the time of construction, and the
following. Required emergency escape and rescue openings shall be operational from
the inside of the room without the use of keys or tools. Bars, grilles, grates or similar
devices are permitted to be placed over emergency escape and rescue openings provided
the minimum net clear opening size complies with the code that was in effect at the time
of construction and such devices shall be releasable or removable from the inside
without the use of a key, tool or force greater than that which is required for normal
operation of the escape and rescue opening.
Section 703 Fire Resistance Ratings
703.1 FIRE- RESISTANCE -RATED ASSEMBLIES. The required fire- resistance rating
of fire- resistance rated walls, fire stops, shaft enclosures, partitions and floors shall be
maintained.
703.2 OPENING PROTECTIVES. Required opening protectives shall be maintained in
an operative condition. All fire and smokestop doors shall be maintained in operable
condition. Fire doors and smoke barrier doors shall not be blocked or obstructed or
otherwise made inoperable.
Section 704 Fire Protection Systent.s
704.1 GENERAL. All systems, devices and equipment to detect a fire, actuate an alarm
Smoke detectors are by the 2006 IRC Code.
or suppress or control a fire or any combination thereof shall be maintained in an
operable condition at all times in accordance with the International Fire Code.
704.2 SMOKE ALARMS. Single or multiple- station smoke alarms shall be installed and
Smoke detectors are required in all sleeping rooms,
maintained in Groups R -2, R -3, R -4 and in dwellings not regulated in Group R
occupancies, regardless of occupant load at all of the following locations: 1) On the
in the vicinity outside each bedroom & each level.
ceiling or wall outside of each separate sleeping area in the immediate vicinity of
bedrooms. 2) In each room used for sleeping purposes. 3) In each story within a
dwelling unit, including basements and cellars but not including crawl spaces and
uninhabitable attics. In dwellings or dwelling units with split levels and without an
intervening door between the adjacent levels, a smoke alarm installed on the upper level
shall suffice for the adjacent lower level provided that the lower level is less than one
full story below the upper level. Single or multiple station smoke alarms shall be
installed in other groups in accordance with the International Fire Code.
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704.3 POWER SOURCE. In Group R occupancies and in dwellings not regulated as
The smoke detectors shall be hard wired with
Group R occupancies, single station smoke alarms shall receive their primary power
from the building wiring provided that such wiring is served from a commercial source
battery back -up. The detectors shall inter connected
and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the
so as to allow activation when one alarm sounds they
batteries are low. Wiring shall be permanent and without a disconnecting switch other
all go off.
than as required for overcurrent protection. Exception: Smoke alarms are permitted to
be solely battery operated in buildings where no construction is taking place, buildings
that are not served from a commercial power source and in existing areas of buildings
undergoing.alterations or repairs that do not result in the removal of interior wall or
ceiling finishes exposing the structure, unless there is an attic, crawl space or basement
available which could provide access for building wiring without the removal of interior
finishes.
704.4 INTERCONNECTION. Where more than one smoke alarm is required to be
The smoke detectors shall be interconnected.
installed within an individual dwelling unit in Group R -2, R -3, R -4 and in dwellings not
regulated as Group R occupancies, the smoke alarms shall be interconnected in such a
manner that the activation of one alarm will activate all of the alarms in the individual
unit. The alarm shall be clearly audible in all bedrooms over background noise levels
with all intervening doors closed. Exception: 1) Interconnection is not required in
buildings which are not undergoing alterations, repairs or construction of any kind. 2)
Smoke alarms in existing areas are not required to be interconnected where alterations or
repairs do not result in the removal of interior wall or ceiling finishes exposing the
structure, unless there is an attic, crawl space or basement available which could provide
access for interconnection without the removal of interior finishes.
aentiry tram: Ownership Parcels
Ownership Parcels Location: 98,693,272 80,295,380 Feet
Field
Value
CID
0
CLlRRENTOWN
SMITH, CLANK
Dissolve Shape
Polygon
LEGAL
BC LOT 8 & PT OF 'SAC ST BLK 69 112 PC 8
MAIL1
MAIL2
4008 CROWN POINT
MAILS
OMAHA, NE
MAP
<null>
OBaECTID 1
—
53530
ParcelID
890046032
ParcelType
Single Owner Parcel
PID
890046032
PRIMARYSIT
1252 �COLFAX ST BLA
Problems
Shape Area
8992,844578
Shape Length
419.823 792
2IPCODE
68111 -0000
Jentified 1 feature
Tuesday, Jun 17, 2008 03:42 PM
. cy--y I
Landlord Acct # 81
Contact Name
Name CLARK SMITH Delivery
Address 1 Address
City/State OMAHA NE
Zip 60111-1000 Mail Sort
Carrier
Country
Tuesday, Jun 17.cUO8 03:43 PM