A town of Franklin resident whose home has not met building codes may soon find himself forced to live elsewhere until the violations are corrected.
An ongoing dispute between Daniel S. Borntreger and the town of Franklin over a building permit may soon have a resolution in Jackson County Circuit Court. Jackson County Circuit Court Judge Gerald W. Laabs told town of Franklin attorney Paul B. Millis and Borntreger in a status conference hearing Tuesday morning that he would write a decision in the matter in the coming days.
Laabs could fine Borntreger between $25 and $1,000 for every day he has been in violation of town ordinances. Laabs said Tuesday morning he will now research the fine "as to the mandatory nature of that."
Meanwhile, Millis said that he will seek an injunction that would require Borntreger to live elsewhere until the residence in question is falls into compliance.
At issue is a building permit violation that was filed in Jackson County Circuit Court last year, questioning whether Borntreger is adding on to a house or whether he is building an entirely new structure, a process that began in 2006.
The town of Franklin's viewpoint is Borntreger is building a new home, which requires a building permit and the need to comply with the Uniform Dwelling Code, which governs construction standards and safety.
Borntreger, an Amish farmer, was found in violation of the building code during a court trial held Dec. 4. Laabs was to hand down his sentence Jan. 3, but gave Borntreger an additional 30 days to bring his home into compliance.
To fall into compliance and obtain a building permit, Borntreger has to provide the town with a building plan that shows the building as it is now, as well as how he is going to fix it to meet code. Or, he has to provide structural analysis of the building from an engineer that says it meets code.
During a status conference Feb. 13, Laabs told Millis and Borntreger he wanted the parties involved to meet in an effort to "work it out." Millis and Borntreger met privately following the Feb. 13 status conference and discussed the matter again prior to Tuesday morning's status conference, which was delayed due to the lack of a court reporter.
Borntreger presented town of Franklin building inspector Rod Stenulson with information, drawings of the roof of the residence, prior to the Tuesday's status conference.
Borntreger asked Stenulson if the information was acceptable.
"They really don't tell me anything," Stenulson said. "What are all the materials used in that drawing? We need a complete set of drawings."
Borntreger told Stenulson and Millis he was working with Dennis Nelson, an engineer from the Eau Claire area.
"Once (Nelson) has everything together, give Rod a call," Millis instructed Borntreger.
Millis took Borntreger to task Feb. 13 for delays in sharing plans and did so again Tuesday morning.
"Having stuff faxed to you and given to us the day of the hearing just doesn't cut it," Millis said. "This delay, delay, delay is a game that you're playing and it's going to stop."
Prior to the status conference, Millis told Borntreger that Laabs could make a ruling during the status conference, or Borntreger could have one more week to provide further plans.
"I need more time than a week," Borntreger replied.
Upon the arrival of a court reporter, Tuesday morning's status conference began.
"Can you bring me up to date?" Laabs asked.
"Neither the town nor the building inspector received anything from Mr. Borntreger or his agents until this morning," Millis said.
Laabs later asked Borntreger for his reply.
"As you know, engineers take quite a bit of time to get things done," Borntreger said. "I'd like to get this thing done. "I'd like to get the permit and get it over with."
Millis said following Tuesday's status conference that while Laabs' written decision will bring to a close the court trial, further action will be required if Borntreger's residence remains in violation of the building code.


Repeat: Really? wrote on Mar 11, 2008 10:51 PM: