A stop work order was issued Dec. 20 against an Oxford Village construction project that was started with no building permit, no site plan approval from the planning commission and no inspections.
‘It’s common sense to get a permit before you start building,? said Councilman Teri Stiles. ‘I don’t care if it’s ours. Why should we get special treatment??
The stop work order was issued against a 384-square-foot concrete block well house being built on village property along S. Glaspie St.
On Dec. 12, council approved a $174,024 bid from Peerless-Midwest, Inc. to construct a well house and install a pump for the village water system’s newest well. Valley Building and Repair, of Oxford, was subcontracted to build the well house.
‘I’m championing the building codes as I was hired to,? said village Building Inspector Eric Pearson, who issued the stop work order and brought the issue before council Dec. 20.
Dave Weckle, owner of Valley Building and Repair, received permission from Pearson to start clearing the construction site, but not to begin building.
Pearson said he told Weckle, ‘I can’t give you permission to start digging because I haven’t seen any permits or any permit application.?
Besides not having a building permit, a violation of the village ordinance and Michigan Building Code, Pearson said both the footings and concrete floor slab were poured without inspection.
Now that the floor’s been poured, Pearson said he cannot determine the depth or width of the footings.
Pearson also told council he lacks information about how the physical connection is going to be made between the walls and the foundation ? another requirement of the Michigan Building Code.
Site plans for public utility facilities such as a well house require the review and approval of the planning commission, according to village ordinance.
This too was never done, Pearson said.
Stiles confirmed that. ‘The planning commission hasn’t even seen the plans,? she said.
It also appears, based on available information, construction was started without a soil erosion control permit from the county, something which is required in order to obtain a local building permit.
‘Those guys are probably very lucky that the Oakland County Drain Commission doesn’t drive by and say ‘what’s that??? said Councilman Chris Bishop, adding that could lead to a ‘hefty fine.?
But Pearson’s stop work order did not sit well with village Manager Joe Young who removed the order that same day and gave permission for work to continue.
‘I questioned his authority to do this and he insisted that he had a letter from (the village) attorney telling him he does,? wrote Pearson in a Dec. 20 memo to council. ‘Mr. Young also commented on how bad this will look in the papers, the village inspector (issuing a stop-work on) the village’s own project.?
Pearson came before council that same evening during public comment to find out what the status of his order was and ask officials, ‘Is (Young) licensed by the state to enforce the building code??
Young indicated the village has a legal opinion from its attorney which states it has the ‘inherent power to build on its own property.?
‘Council has (the) requisite power and authority to proceed on its own public works without first requiring site plan approval,? the manager said.
Young said council authorized the project to proceed by virtue of its approval of Peerless-Midwest’s bid. He noted that weather was a factor in wanting to get the well house built as soon as possible.
Bishop noted because the village attorney produced this opinion such short notice ? the same day the stop-work order was issued ? and only cited state law, perhaps he didn’t have enough time ‘to review our particular charter.?
‘If our particular charter has a process by which public utilities in our community have to adhere to certain rules of order, well then it would seem like that would be the code that we would want to follow, our own code,? he said.
Whenever the village builds something, Councilman Tom Benner insisted it needs to enforce the ordinances even ‘stricter than we do for other people.?
‘I think that’s the kind of precedent we should set,? he said.
Benner said the time constraints imposed by the weather do ‘not take away the obligation to get the proper permits and do the procedure right.?
Ultimately, it was the consensus of council to keep the stop work order in effect.
Young told this reporter he will bring the well house plans before the planning commission. If no special meeting can be scheduled, that body’s next regular meeting is set for Tuesday, Jan. 16.
Young was directed by council to work out the various issues and concerns raised by Pearson and report back to council.
The biggest issue to Young was the fact Pearson issued the stop work order without first contacting the contractor or him to notify them of the problem and discuss the matter.
A phone call should have been made ‘as a courtesy, not anything political,? Young said.
‘Your bosses are not this council,? the manager told Pearson. ‘I am your boss. You report to me.?
But Bishop expressed concern over Young’s role in this incident, particularly removing Pearson’s order.
‘What alarms me, and no offense to Joe, is I don’t know that our village manager should be involved from any perspective other than the manager of the property,? he said. ‘I think you’re getting on a slippery slope. What happens the next time we have another village manager in 20 years and his best friend is building a house and he doesn’t like the fact a stop work order was issued on it, and he tells them to take that stop work order off??
Councilperson Stiles, who also sits on the planning commission, was quite upset that the proper procedures weren’t followed regarding the well house’s construction.
‘How can you start construction when the planning commission hasn’t seen your plans?? she said. ‘I think everything that’s built should go through the planning commission to make sure at least the plans are right.?
The argument that council approved the well house specifications and beginning construction when it accepted Peerless-Midwest’s bid ‘doesn’t set really well? with Stiles.
‘I understand the time constraints,? Stiles said. ‘I also know Dave Weckle (owner of Valley Building and Repair) knows the rules on building in the community.?
Bishop noted that this was really Peerless-Midwest’s responsibility as the contractor, not Weckle’s.
of the problem and discuss the matter.
A phone call should have been made ‘as a courtesy, not anything political,? Young said.
‘Your bosses are not this council,? the manager told Pearson. ‘I am your boss. You report to me.?
But Bishop expressed concern over Young’s role in this incident, particularly removing Pearson’s order.
‘What alarms me, and no offense to Joe, is I don’t know that our village manager should be involved from any perspective other than the manager of the property,? he said. ‘I think you’re getting on a slippery slope. What happens the next time we have another village manager in 20 years and his best friend is building a house and he doesn’t like the fact a stop-work order was issued on it, and he tells them to take that stop-work order off??
Councilperson Stiles, who also sits on the planning commission, was upset that the proper procedures weren’t followed regarding the well house’s construction.
‘How can you start construction when the planning commission hasn’t seen your plans?? she said. ‘I think everything that’s built should go through the planning commission to make sure at least the plans are right.?
The argument that council approved the well house specifications and beginning construction when it accepted Peerless-Midwest’s bid ‘doesn’t set really well? with Stiles.
‘I understand the time constraints,? Stiles said. ‘I also know Dave Weckle (owner of Valley Building and Repair) knows the rules on building in the community.?
Bishop noted that this was really Peerless-Midwest’s responsibility, not Weckle’s.