September 4, 2019 –
7 Photographs – https://www.flickr.com/photos/timide/shares/S555u5
September 5, 2019 –
11 Photographs – https://www.flickr.com/photos/timide/shares/0exj8Z
September 6, 2019 –
12 Photographs – https://www.flickr.com/photos/timide/shares/d224rY
September 7, 2019 –
3 Photographs – https://www.flickr.com/photos/timide/shares/K10810
September 8, 2019 –
5 Photographs – https://www.flickr.com/photos/timide/shares/1s2A8p
10.39.56 PM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
11.13.24 PM:
Screen Shot of Facebook notifications.
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Screen Shot of Facebook notifications.
11.14.28 PM:
Screen Shot of Facebook notifications.
11.15.04 PM:
Screen Shot of Facebook notifications.
September 9, 2019 –
9.03.34 AM
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
9.17.11 AM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
September 10, 2019 –
50 Photographs – https://www.flickr.com/photos/timide/shares/Ng08Y0
7.44.10 AM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
September 11, 2019 –
10.07.34 PM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
10.51.10 PM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
10.51.34 PM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
September 12, 2019 –
8 Photographs – https://www.flickr.com/photos/timide/shares/6Av20d
8.31.26 AM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
September 13, 2019 –
1 Photograph – https://www.flickr.com/photos/timide/shares/SS8T82
8.33.54 AM:
8.34.11 AM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
8.34.29 AM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
8.34.29 AM:
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8.35.00 AM:
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8.35.14 AM:
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9.11.54 AM:
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9.42.51 PM:
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9.44.07 PM:
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September 14, 2019 –
7.22.01 AM:
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7.34.53 AM:
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7.35.08 AM:
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7.35.25 AM:
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7.35.55 AM:
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7.54.39 AM:
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8.08.38 AM:
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10.07.48 AM:
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10.07.58 AM:
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10.08.13 AM:
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8.01.39 PM:
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8.06.33 PM:
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10.44.49 PM:
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10.45.30 PM:
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10.52.00 PM:
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September 15, 2019 –
10.14.19 AM:
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10.14.32 AM:
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10.14.47 AM:
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10.15.00 AM:
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10.30.02 AM:
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10.33.17 AM:
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5.51.34 PM:
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September 16, 2019 –
8.47.09 AM:
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8.47.22 AM:
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10.00.31 AM:
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1.19.34 PM:
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5.59.39 PM:
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6.25.46 PM:
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6.26.04 PM:
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6.26.22 PM:
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6.26.40 PM:
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6.26.55 PM:
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6.27.16 PM:
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6.27.33 PM:
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6.28.20 PM:
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6.28.49 PM:
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6.37.10 PM:
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8.23.35 PM:
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8.24.05 PM:
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8.26.30 PM:
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8.27.01 PM:
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11.26.20 PM:
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11.27.01 PM:
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11.27.21 PM:
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September 17, 2019 –
10.11.33 AM:
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11.00.44 PM:
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11.01.03 PM:
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11.01.29 PM:
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11.01.51 PM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
11.02.11 PM:
Screen Shot of posts in the closed Facebook group Maumee Residents Un—censored.
September 18, 2019 –
27 Photographs – https://www.flickr.com/photos/timide/shares/zg98WY
12.42.35 AM:
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12.43.00 AM:
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12.43.16 AM:
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9.40.55 AM:
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9.41.09 AM:
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9.41.31 AM:
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9.41.53 AM:
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9.42.06 AM:
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September 19, 2019 –
1 Photograph – https://www.flickr.com/photos/timide/shares/5d1hsU
10.18.16 PM:
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September 29, 2019 –
4.50 PM:
Email Sent:
Tim Idetimetoproductions@gmail.com
Sep 29, 2019, 4:50 PM
Apologies if this is a duplicate. Gmail told me it was to big, so I cut it in half. Please see PART TWO
———- Forwarded message ———
From: Tim Ide <timetoproductions@gmail.com>
Date: Fri, Sep 20, 2019 at 6:30 PM
Subject: COMPLAINT – Maumee, Ohio Division of Building, Inspection and Zoning
To: <bbs@com.state.oh.us>
PART ONE – FYI – Complaint to the state of Ohio Board of Building Standards outlining the city of Maumee’s widespread civil rights violations under the color of law.
to barbatkinson@roadrunner.com,
lsartiaga26@outlook.com,
bcjrz@yahoo.com,
mindyscurry@gmail.com,
bobkeo@hotmail.com,
rckleiboemer@whitehouseoh.gov,
bill.may802@gmail.com,
mayor@hollandohio.com,
bettinger@hollandohio.com,
burditt@hollandohio.com,
kruczkowski@hollandohio.com,
nachtrab@hollandohio.com,
spangler@hollandohio.com,
stone@hollandohio.com,
diane.larson@13abc.com,
lee.conklin@13abc.com,
jeff.z.smith@13abc.com,
Kristian.Brown@13abc.com,
christina.williams@13abc.com,
tony.geftos@13abc.com,
michael.bratton@13abc.com,
lissa.guyton@13abc.com,
shaun.hegarty@13abc.com,
Madison.Humphrey@13abc.com,
McKenzie.Kuehnlein@13abc.com,
Micaela.Marshall@13abc.com,
Alexis.Means@13abc.com,
rachel.schneider@13abc.com,
melissa.Voetsch@13abc.com,
aglenn@maumee.org,
zjenkins@maumee.org,
wshepherd@maumee.org,
pdonohue@maumee.org,
inspection@maumee.org,
John Arnsby <arnsby-john@maumee.org>,
bbs@com.state.oh.us,
Brent Buehrer <buehrer-brent@maumee.org>,
Bruce Wholf <wholf-bruce@maumee.org>,
John Boellner <boellner-john@maumee.org>,
clerk@maumee.org,
council@maumee.org,
Dave Kissinger <kissinger-dave@maumee.org>,
Tracey Elmore <elmore-tracey@maumee.org>,
“Lefebvre, Fred” <FredLefebvre@clearchannel.com>,
“Hooper, Michael” <hooper@wspd.com>,
iTeam@13abc.com,
jezak-john@maumee.org,
kevin wood <info@localnews.com>,
LawDirector@maumee.org,
mayor <mayor@maumee.org>,
mwalton@theblade.com,
nancy@themirrornewspaper.com,
Alia Orra <editor@adamsstreetpublishing.com>,
Timothy Pauken <pauken-tim@maumee.org>,
rathburn-amber@maumee.org,
Tom Wagener <wagener-tom@maumee.org>,
tischler-beth@maumee.org,
wtolpublicfile@wtol.com,
11investigates@wtol.com
To whom it may concern.
We are writing today to inform you of a situation we have in Maumee, Ohio.
Our story is extremely complex and we are going to do our best to remain succinct and outline our problem as concisely as possible.
On August 9th 2017 we purchased a home at 321 West Broadway in the historic district of Maumee, Ohio. The first thing we did was to visit the Maumee, Ohio Division of Building, Inspection and Zoning to tell them that we purchased the house and that we intended to do a total rebuild of the 110 year old timber frame structure.
On our first visit to the Maumee, Ohio Division of Building, Inspection and Zoning we were told we did not require any permits, so we left empty handed.
We visited a second time to inquire whether, with the fact that we were on our fifth rollaway dumpster, if we required any permits. We attempted to get a permit for the front porch and Bruce Wholf told us our drawings were inadequate and that we would need better ‘plans’.
We were told we didn’t need any other permits and we left the Maumee, Ohio Division of Building, Inspection and Zoning empty handed.
CBO Bruce Wholf told us about a dozen times to make sure we make any contractors pull their own permits, so we did.
We contracted with Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair to replace nearly all of the foundation under our home. Kevin Oberhouse began work without a permit. We shut him down and insisted that we get a permit. Kevin was upset and asked us to just put the foundation on the plumbing permit or another one of our permits. We explained that we do not have any permits. Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair left our house and did not return for several days.
On November 15th 2017 we again returned to the Maumee, Ohio Division of Building, Inspection and Zoning, for the third time, to inquire if Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair had yet applied for a building permit. We were told that they had not and we again asked if we needed any permits.
We were told that if we knew the number of fixtures involved we could get our plumbing permit. We applied for the plumbing permit under application number 2007027360.
The same day we were granted plumbing permit number 20170163, however they issued it in the wrong name. We immediately informed them that the permit was incorrect and issued in the name of the previous owner Gary Steinhurst.
We were told by Bruce Wholf CBO of Maumee, Ohio Division of Building, Inspection and Zoning that “it doesn’t matter” We told him we needed the permit put into the correct name and Bruce assured us they would fix it. They did not. (They finally corrected the name on June 11th 2019 and then they closed the permit without ever having contacted us or inspecting anything.)
On November 16th 2017 Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair applied for a building permit and submitted “plans” under building permit number 2007027402.
On November 20th 2017 Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair was issued building permit number 20170593.
The ‘plans’ submitted and approved by Zachary Jenkins were grossly deficient and contained none of the information necessary to complete the job in direct conflict with Ohio building code and the ORC.
Below are the totality of the ‘plans”. One 8 1/5 by 11 print out from the Lucas County AREIS website, with < 40 words.
On November 28th 2018 Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair had their first ‘inspection” by Maumee Division of Building, Inspection and Zoning ‘inspector’ Mark Westcott. We watched as Mark Westcott ‘inspected’ nothing. He was at our home for approximately 5 minutes and issued a Green Tag for the footers as compliant.
We did not know what we did not know and were actually glad that we ‘passed’. (The footer was and is not compliant.)
On December 5th 2018 Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair received their second inspection. This time for the wall that was built on the non-compliant footer. Maumee Division of Building, Inspection and Zoning ‘inspector’ Mark Westcott noted “Partial footer – West wall and addition”.
By this time we were beginning to have questions about the work being performed under our house, and we began researching Ohio building code and Ohio law.
On December 20th 2018 Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair received their third inspection this time on the second and only remaining footer. Maumee Division of Building, Inspection and Zoning ‘inspector’ Mark Westcott noted “Footer Remaining”.
Now with three green tags as meeting minimum standards of health and safety we were having serious questions as we could plainly see that we had huge issued with the un-workmanlike ‘work’ being performed.
On December 28th we called Bruce Wholf to issue a complaint regarding the plans and the three bogus ‘inspections’. We did so anonymously as we wanted to know and asked Bruce Wholf specifically if his employees made mistakes would the Maumee Division of Building, Inspection and Zoning act and rectify the situation. Bruce Wholf assured us he would take the matter seriously and do whatever they needed to do to correct the situation. This turned out to be one of many lies Bruce Wholf told us.
On January 2nd 2018 we again phoned Bruce Wholf and identified ourselves as the owners of 321 West Broadway and outlined our complaint.
1) Our ‘plans’ were deficient and did not meet Maumee’s statutory obligations under ORC and the Ohio Building Code and that Zach Jenkins erred in approving such glaringly deficient plans.
2) That Mark Westcott’s three ‘inspections’ were deficient and did not meet ORC or Ohio Building Code or the 2013 RCO Building Department Resource Package.
3) That our plumbing permit was still in the wrong name and did not meet ORC or Ohio Building Code or the 2013 RCO Building Department Resource Package.
Bruce Wholf stated that he would send Zach Jenkins and Mark Westcott back out to our house on January 8th 2018. We implored Brude Wholf not to send the two employees were calling to complain about back out to our house, that we felt they were incompetent and did not have our interests at heart. We begged Bruce Wholf to come out himself. He refused and said he would send Zach and Mark.
On Janauary 8th 2018 Zach Jenkins and Mark Westcott came out to our house. Also present were Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair’s salesman, Terry Lengel and another man who identified himself as Everett Stephens. We asked who Everett was, as we had never met or spoken before. Everett stated that he was the project manager for our home. We questioned him as to how we were just then meeting for the first time and he had no answer.
We asked Zach Jenkins why he approved such deficient plans and Zach Jenkins in a shocking disregard for Ohio law and demonstrating an appalling lack of knowledge for his role and function within the Maumee Division of Building, Inspection and Zoning told us, and we quote;
“If we made everyone write everything down, nothing would get built.”
We were taken aback. I told Zach in no uncertain terms that he was incompetent and that he approved the plans in direct conflict with Ohio law and Ohio building code and the 2013 RCO Building Department Resource Package.
We asked Mark Westcott why he failed to inspect our foundation and instead just handed out three green tags for work that very obviously did not meet Ohio law or Ohio building code.
Mark Westcott had no words, so I told him in no uncertain terms that he was incompetent and that he performed his ‘inspections’ in direct conflict with Ohio law and Ohio building code.
We provided both Zach and Mark a packet of printed pages that had numerous Ohio codes cut and pasted and we explained how we felt they had not met their statutory obligations in regard to those codes. they refused to even look at the packet and instead said they would forward it on to Bruce Wholf.
On January 8th 2018 Zach Jenkins and Mark Westcott inspected nothing. They looked at nothing. They had no questions as to the specifics of what we felt was wrong with the footers and foundation walls.
Zach Jenkins and Mark Westcott were at our house for less than a half an hour and left without giving us anything or leaving us anything.
Zach Jenkins and Mark Westcott both returned to the Maumee Division of Building, Inspection and Zoning and typed in their notes from the meeting. Never once mentioning our complaints or the reason they were at our house, but instead dedicated their entire notes to the fact that I yelled at them.
On January 10th Megan met with both Bruce Wholf and Zach Jenkins at the Maumee Division of Building, Inspection and Zoning office of Bruce Wholf.
Bruce patted his hand on the packet of information we had given Zach and Mark at our home on January 8th and stated; “Not all of this applies”. without getting into what applies and what doesn’t, but he did have the packet of cut and pasted ORC codes on his desk, so that is something.
Megan asked why they had approved such deficient plans including “Tie down straps as anchors” and then issued a citation for using tie down straps as anchors, to which Zach Jenkins again in a glaring disregard for Ohio law and Ohio building code stated; “I thought it said tie down straps AND anchors”, which anyone looking at the plans can tell is a total lie. “AS” is as clear as day.
On January 17th, 2018 at 2:31 pm we phoned Bruce Wholf and did not connect. He phoned us back and told us that Mark Westcott was sitting in the room with him listening in on the conversation. Mark Westcott never participated in the phone call and never said a word. We recorded that phone call and have that recording as well as a transcript of the phone call.
We could not have possibly made it any clearer to Bruce Wholf that we never told the contractor not come to back and that we needed them and wanted them to complete the work.
Bruce Wholf told us five times that he would phone Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair and tell them that we did not fire them and had no intention of firing them and that we needed them to complete the work in a timely fashion.
The note entered into our public record, written by Mark Westcott, as if he had anything to do with it, totally flipped what we had said and Mark Westcott noted that he informed Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair that we did not want them back out to our house.
This is a transcript of a recording that we made of a phone call, on speakerphone, in progress, between Megan Bremer and Bruce Wolf on January 17th, 2018 at 2:31 pm.
The phone call was from Bruce to Megan and the entire phone call lasted for 7 minutes and 09 seconds. I only recorded 5 minutes and 27 seconds of it.
The phone call ended right after I stopped recording.
Megan (M) – …I mean if we do go forward with this, if it’s structurally sound or if he thinks it’s a loss and we need to just start from scratch.
Bruce (B) – OK.
(M) – Um, so, that’s were at. I was going to talk to this structural engineer and see what his opinions are, and then, um, and then contact DIVERSIFIED GROUP, but my question for you was is there like a timeline, or any deadlines that I should be aware of or um?
(B) – No, I mean the permit, the permit remains open, we know where were at, at least I think, I think you, you and I and, and, and you know are on the same page that, you know, if you need, uh, us to forward copies of the inspection…
(M) – Ah Huh.
(B) – …or inspections. You know the footers in that one part of your wall.
(M) – Ah Huh.
(B) – That was approved, and that was it. So, it’s obviously obvious that DIVERSIFIED has gone above and beyond what they were inspected and approved to do.
(M) – OK.
(B) – Ummm, and they are, between you and me and the fence post. I think that’s why he’s called back a second time, trying to figure out where they’re at, because, he’s is potentially trying to cover tracks. I don’t know.
(M) – Yeah.
(B) – Ugh. but, I don’t wanna, I don’t wanna tell them anything that I don’t run by you first, because, you know if you don’t want them out there until you get your structural inspector out there. Ummm, and or you just don’t want em out there at all, that’s your decision. That’s not my decision or the City of Maumee’s. So.
(M) – Yeah, Yeah. I appreciate that. That is a decision that I want to make after we talk to this…
(B) – OK
(M) – …engineer.
(B) – Alright. So, do you want me to call them and tell them this? Do you want to call them and tell them this? ummm. Or, you don’t wanna do anything?
(M) Hahaha (laughter) Um,
(B) – I put all the options on the table there Megan, so.
(M) – Yeah, yeah, yeah. Umm… I mean if you want to call them back, just so you don’t leave them hanging on your end. Um, but, I don’t feel comfortable giving them any information at this point.
(B) – OK
(M) – Um
(B) – Well I’ll tell you what I will do then, and, and let me know if you agree. Um, that I call them, and I’m gonna tell them exactly what I told you, you know, that they had…
(M) – Uh Huh.
(B) – …three inspections. You have gone beyond what you were approved to do and that, ahhh, you were in to the office, there were discussions on what’s going to happen next.
(M) – OK
(B) – …and that he should wait to hear from you.
(M) – OK. Yeah.
(B) – Is that OK?
(M) – Yeah, yeah that sounds good.
At this point on the recording you can hear Tim interject.
Tim (T) – No
(B) – OK
(M) – Umm,
(B) – OK
(T) – Oh my god.
(M) – and
(T) – That’s wrong.
(M) – Can you hold on one second? I’m sorry.
(B) – Sure.
(M) – One moment.
(M) – I have it muted. What?
(T) – We’re not going to contact them. Tell them to contact us. OK, when they have a plan.
(M) – DIVERSIFIED GROUP?
(T) – Yeah.
(M) – uh huh.
(T) – And ask them can we leave the foundation and just deal with it, or is it red tagged and all has to come out? And tell them we didn’t shut down the site. We didn’t tell DIVERSIFIED to leave. Maumee did!
(M) – OK, OK.
(M) – OK, Bruce?
(B) – Yeah!
(M) – Yeah, hi. Um, so will they have to? If we decide to um, continue on, they, do they have to will they have to remove everything they were not approved to do?
(B) – They will be required to remove and expose everything that was not inspected, so it can be inspected in accordance with the code.
(M) – OK Um, they are probably not going to want to hear that. Um, umm, yeah, let me, let me speak to the structural engineer, and then I will be back in touch with you.
(B) – OK
(M) – And we can go from there.
(B) – That sounds good Megan.
(M) – Great. Thank you for your help.
(B) – Well, let’s try to get through this darn thing, and like I said. You know Were here to inspect the work and you know there’s only so many times that were out there, and we can do what we can do, but above and beyond that. You know, we can’t babysit the job, for a lack of better terms.
(M) – Yeah.
(B) – Additionally, like I told you at the meeting that you know we just can’t get involved with any disputes between yourself and the contractor. So.
(M) – Sure. Yeah.
(B) – Um, but you know I, I feel the need to call him back and say you know this is, this is where were at and I can’t do anything more and you need to wait for a call from Megan. How about that?
(M) – OK, yeah, and just so that.
(B) – OK?
(M) – Yeah, just so that they’re aware that you know that um, you know, we didn’t really shut the job site down, it was more um, that they did work without being approved, so yeah.
(B) – Right
(T) – Maumee did.
(B) – No, It will be explained.
(T) – Say that.
(B) – …literally that they went above and beyond what they were approved.
This is the end of the recording. Megan said goodbye and hung up the phone right after stoppage of the recorder.
Now this is significant, first because of the dishonest lies that Bruce Wholf tells us, secondly because this is the note that Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC / Toledo Basement Repair points to as his reason for never coming back when he abandoned the job on December 23rd 2017.
On January 30th we exchanged email with Bruce Wholf where he finally agreed to come out to our house to inspect.
On February 1st 2018 Bruce Wholf did come to our home and inspected along with Mark Westcott who tried not to get his shoes dirty, fumbled with the camera and inspected nothing.
Bruce Wholf inspected and told us we would have his report within five days. Neither Bruce Wholf nor Mark Westcott gave us anything and left us with nothing. when they left our home on February 1st 2018 we had no idea if they were going to cite any code violations or issue any stop work orders, as they told us nothing in that regard.
Five days came and went with us hearing nothing from Maumee Division of Building, Inspection and Zoning.
On February 9th 2018 we called Bruce Wholf and asked him when we could be expecting his report. Bruce Wholf sounded surprised, he asked us if Mark had gotten in touch with us with HIS report. We asked why Mark would be writing the report for the inspection that Bruce carried out and he had no answer.
So, we began trying to get ahold of Mark Westcott to try to ascertain whether any stop work orders had been issued.
Finally on March 19th, a full 46 days after Bruce Wholf’s inspection we received two notices in the same envelope which arrived regular US mail.
The first letter dated February 5th 2018 was glaringly deficient and not in compliance with ORC, Ohio Building Code or 2013 RCO Building Department Resource Package.
Perhaps the most egregious violation is the fact that we were denied due process, with the omission of our right to an attorney and to view all evidence and question all witnesses both for and against us. I do not think I have to tell you but this is a very big deal. (We have four different letters all with the same omission clearly establishing a pattern and practice.)
The city of Maumee is engaged in widespread constitutionally guaranteed, federally protected civil rights violations.
Secondly, the fact that we had 30 days to appeal the letter that we received 16 days after the thirty days expired.
Thirdly, the fact that no specific corrections were noted as being required to bring the foundation into compliance. (To this day it remains non-compliant.)
The second letter in the same envelope was dated March 15th 2018 and again did not comply with ORC, Ohio Building Code or the 2013 RCO Building Department Resource Package.
These letters were pretty much the end of our interactions with Maumee Division of Building, Inspection and Zoning.
On April 15th 2018 we sent the following email to Bruce Wholf <wholf-bruce@maumee.org> and cc’d copies to:
Maumee Mayor Richard Carr <mayor@maumee.org>,
Maumee Safety Director John Jezak <jezak-john@maumee.org>,
Maumee Law Director Beth Tischler <LawDirector@maumee.org>,
Maumee City Council as a whole <council@maumee.org>,
Beth Tischler <Tischler-beth@maumee.org>,
Maumee City Councilperson Tracey Elmore <elmore-tracey@maumee.org>,
Maumee City Councilman Dave Kissinger <kissinger-dave@maumee.org>,
Maumee City Councilman Brent Buehrer <buehrer-brent@maumee.org>,
Maumee City Councilman John Boellner <boellner-john@maumee.org>,
Maumee City Councilman Timothy Pauken <pauken-tim@maumee.org>,
Maumee City Councilman Tom Wagener <wagener-tom@maumee.org>,
Maumee City Prosecutor John Arnsby <arnsby-john@maumee.org>
We sent this same email again on July 25th 2018 after we received no response from anyone on the first attempt.
No one responded in any way shape or from to the second attempt either.
This is that email:
| The Foundation… It is it’s own metaphor – Re: 321 West Broadway |
| Tim Ide <timetoproductions@gmail.com> | Sun, Apr 15, 2018 at 6:41 PM |
| To: Bruce Wholf <wholf-bruce@maumee.org> Cc: mayor <mayor@maumee.org>, jezak-john@maumee.org, LawDirector@maumee.org, council@maumee.org, Tischler-beth@maumee.org, Tracey Elmore <elmore-tracey@maumee.org>, Dave Kissinger <kissinger-dave@maumee.org>, Brent Buehrer <buehrer-brent@maumee.org>, John Boellner <boellner-john@maumee.org>, Timothy Pauken <pauken-tim@maumee.org>, Tom Wagener <wagener-tom@maumee.org>, John Arnsby <arnsby-john@maumee.org>, editor@themirrornewspaper.com | |
| The Foundation… It is it’s own metaphor – Re: 321 West Broadway First things first, this is not just an issue about Megan Bremer and Tim Ide. This is not just an issue with the residents of 321 W. Broadway in ‘Historic Maumee.’ This is not just about Robert, or John, or Gloria, or the children who live directly behind us, or Elliott, or… This is not just about the residents of West Broadway, or just about the residents of West Wayne, or Kingsbury or Cass. This is an issue impacting every resident of Maumee, Ohio. This is about The City of Maumee and their disregard for maintaining the minimum standards of the health and safety for the residents of the City of Maumee. This is an issue of the law… The law. Why on a Saturday (4/14/18) are we not working on our new/old house? Well, we are about to hold a little civics lesson for the mayor and the chief building officer, et. al. Pull up a chair. The law, as learned from Google U. We all agree that we are going to make the most out of this system we have set up for ourselves, that we call civilization… America, Ohio, Maumee. We elect officials who go to Columbus for us and vote on laws. They pick and choose specific words and they place them in a specific order and they vote on them. Sometimes they vote NO and they go back and choose new words and arrange them into new sentences, into a new specific order. The words are carefully chosen. Nothing happens by accident. A vote is taken and we have a law. Now we may not agree with the law, but we all have this deal with each other that we are going to establish minimum standards for the health and safety of the residents of our country, our state, and our city. We set minimum standards. Now these minimum standards for the public’s health and safety go all the way from serious crime all the way down to the foundation of our home at 321 West Broadway in Historic Maumee, Ohio. These laws we must assume were written for a reason, the specific words written in a specific sequence, must have been carefully chosen, above all others, to impart some specific meaning. The reason we presume is to maintain minimum standards for the health and safety of the citizenry. All we have ever asked for are the minimum standards for our health and safety, minimum standards for the health and safety of our neighbors, minimum standards for the children, minimum standards for the citizens of Maumee. Minimum standards for health and safety. RCO – “Residential Code of Ohio for One-, Two-, and Three-Family Dwellings” “…minimum requirements for the health, safety, and security of the occupants of buildings” 101.3 Intent. The purpose of this code is to establish uniform minimum requirements for the erection, construction, repair, alteration, and maintenance of residential buildings. This code was not met as evidenced by: Uniform minimum requirements not met. 101.4 Reasonable application. The rules of the board and proceedings shall be liberally construed in order to promote its purpose. When the residential building official finds that the proposed design is a reasonable interpretation of the provisions of this code, it shall be approved. Materials, equipment and devices approved by the building officials pursuant to section 114 shall be constructed and installed in accordance with such approval. This code was not met as evidenced by: Proposed design is not a reasonable interpretation of the provisions of this code. 102.1 General. Where, in any specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. This code was not met as evidenced by: Specific requirements not required or met. 102.11 Building department jurisdictional limitations. A municipal, township, or county residential building department that has been certified by the board of building standards, pursuant to section 103.2, shall enforce provisions of the rules of the board and of Chapters 3781. and 3791. of the Revised Code, relating to construction, arrangement, and the erection of residential buildings or parts thereof as defined in the rules of the board in accordance with the certification except as follows: 4. Enforcement. This section does not exempt any officer or department from the obligation of enforcing any provision of the rules of the board. 103.2 Building department certification. Municipalities, townships, and counties may seek certification by the board of building standards as described in division (E) of section 3781.10 of the Revised Code to exercise enforcement authority, to accept and approve residential construction documents, and to make inspections This code was not met as evidenced by: Enforcement authority was not exercised. 103.2.1.1 Certification as a residential building department. Municipalities, townships, and counties shall enforce the rules of the board in conformity with the law and as described in sections 103.2.1.1.1 and 103.2.1.1.2. This code was not met as evidenced by: Rules of the board were not enforced. SECTION 105 APPROVALS 105.1.1 Nonconformance approval. When residential construction documents are submitted which do not conform with the requirements of the rules of the board, such documents may be approved by the residential building official provided such nonconformance is not considered to result in a serious hazard and the owner or owner’s representative subsequently submits revised residential construction documents showing evidence of compliance with the applicable provisions of the rules of the board. In the event such residential construction documents are not received within thirty days, the residential building official shall issue an adjudication order revoking the plan approval. This code was not met as evidenced by: Nonconformance is to result in a serious hazard and no revised residential construction documents showing evidence of compliance with applicable provisions of the rules of the board received within 30 days. Residential building official failed to issue an adjudication order revoking the plan approval. 105.5 Certificate of plan approval. After residential construction documents have been approved in accordance with section 107, the residential building official shall furnish the owner/applicant a certificate of plan approval. This code was not met as evidenced by: Construction documents approved in direct conflict with section 107. SECTION 106 CONSTRUCTION DOCUMENTS 106.1 Submittal documents. Residential construction documents and other data shall be submitted in two or more sets with each application for an approval. This code was not met as evidenced by: Construction documents and other data not submitted in two or more sets with application. 106.1.3 Information on construction documents. Residential construction documents shall be dimensioned and drawn upon suitable material. Electronic media documents are permitted to be submitted when approved by the residential building official. Construction documents shall be coordinated and of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this code. Construction documents, adequate for the scope of the project, shall include information necessary to determine compliance with this code. This code was not met as evidenced by: Residential construction documents not dimensional and not drawn upon suitable material. Construction documents not coordinated and not of sufficient clarity to indicate the location, nature and extent of the work Construction documents, not adequate for the scope of the project and do not include information necessary to determine compliance with this code. 106.2 Evidence of responsibility. Required residential construction documents, when submitted for review as required under section 107, shall bear the identification of the person primarily responsible for their preparation. This code was not met as evidenced by: Construction documents do not bear the identification of the person primarily responsible for their preparation. SECTION 107 PLAN APPROVAL PROCESS 107.1 Plan review required. Where the rules of the board are applicable under section 101.2, before a residential building or addition to a residential building is constructed or erected, and before a residential building is altered or relocated, or residential building equipment is installed, or a resubmission of construction documents is required or received, residential construction documents relating to the work and equipment under consideration shall be prepared in conformity with section 106 and be submitted to the residential building department for examination and approval. This code was not met as evidenced by: No plan review satisfactorily completed. Residential construction documents relating to the work under construction not prepared in conformity with section 106. 107.2 Application for plan approval. To obtain a plan approval, the owner or the owner’s representative shall first file an application in writing on a form furnished by the residential building department for that purpose. Such application shall: 1. Identify and describe the work to be covered for which application is made for approval. 2. Describe the land on which the proposed work is to be done, street address or similar description that will readily identify and locate the proposed building or work. 3. Be accompanied by residential construction documents and other information as required in section 106.3. 4. Be signed by the owner , or the owner’ s authorized agent. 5. Give such other data and information as required by the residential building official. 6. Identify and clearly indicate whether the project or portion of a project intends to utilize an industrialized unit. 7. Identify and clearly indicate whether the project or portion of a project intends to utilize an assembly of individually listed or labeled products. This code was not met as evidenced by: Application does not Identify and describe the work to be covered for which application is made for approval. Application not accompanied by residential construction documents and other information as required in section 106.3. Application not signed by the owner , or the owner’ s authorized agent. Application does not contain other data and information as required by the residential building official. 107.4 Review of plans. When residential construction documents have been submitted to the residential building department for review and approval, the building official shall review as appropriate or shall cause the residential construction documents to be examined for compliance with the rules of the board by assigning the examination duty to an appropriately certified individual. The residential building official or plans examiner shall first determine whether the construction documents are adequate as required in section 106. This code was not met as evidenced by: The building official inadequately reviewed as appropriate and failed to cause the residential construction documents to be examined for compliance with the rules of the board. The residential building official or plans examiner failed to first determine whether the construction documents are adequate as required in section 106. SECTION 108 INSPECTION PROCESS 108.2 Required inspections. At the time that the certificate of plan approval is issued, the residential building official shall provide to the owner, or the owner’s representative, a list of all required inspections for each project. The required inspection list shall be created from the applicable inspections set forth in sections 108.2.1 to 108.2.14. The residential building official, upon notification from the owner or the owner’s agent that the work is ready for inspection, shall cause the inspections set forth in the required inspection list to be made by an appropriately certified residential inspector in accordance with the approved residential construction documents. This code was not met as evidenced by: At the time that the certificate of plan approval was issued, the residential building official failed to provide to the owner, or the owner’s representative, a list of all required inspections for each project. The required inspection list was not created from the applicable inspections set forth in sections 108.2.1 to 108.2.14. (Check List And Guide for Inspector Use BBS Form 4-1 RCO 108.2 March 2015 https://www.com.ohio.gov/documents/2015RCOBuildingDeptResourcePack.pdf ) The inspections set forth in the required inspection list to be made by an appropriately certified residential inspector not made in accordance with the approved residential construction documents. 108.2.2 Footing or foundation inspection. Footing and foundation inspections shall be made after excavations for footings are complete and any required reinforcing steel is in place. For concrete foundations, any required forms shall be in place prior to inspection. Materials for the foundation shall be on the job, except where concrete is ready mixed in accordance with “ASTM C 94”, the concrete need not be on the job. This code was not met as evidenced by: Footing and foundation inspections made prior to excavations for footings were complete. Footing and foundation inspections were completed with none of the required reinforcing steel is in place. Footing and foundation inspections were completed prior to required forms being in place. 108.6.2 Observation of violations not shown on plans. If an individual certified to make inspections, in the course of performing the assigned or requested inspections, observes a code violation that was either shown incorrectly or not adequately addressed or detailed in the approved residential construction documents, the certified individual shall communicate the finding to the residential building official so that the residential building official can make a determination of whether the code violation is of such significance to warrant communicating the finding to the owner or the owner’s representative as a recommended change. This code was not met as evidenced by: Observations of violations not shown on plans never observed nor communicated. Residential building official made incorrect determination of whether the code violations are of such significance to warrant communicating the finding to the owner as a recommended change. ** That is just for a start. On March 19th, 2018 we received mail from The City of Maumee Department of Public Safety / Division of Building and Zoning. This being the first piece of mail we had ever received from The City of Maumee Department of Public Safety / Division of Building and Zoning, we naturally wondered what it could be. It was a notice dated February 5th, 2018. Re: Building correction – 321 W. Broadway St. It stated that we as the home owners and Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC had 30 days from the date of the order to correct all violations. (so… March 7th) In the same envelope with this 30-day warning was the subsequent “10 day” 2nd and FINAL NOTICE, dated March 15th, 2018. (so… March 29th) The second and final notice stated that we as the homeowners and Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC had ten days to make all necessary corrections to remediate the code violations or our file will be referred to the City of Maumee Prosecutor’s Office for litigation. Hurray we thought, finally Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC will be compelled to fix our foundation. The FINAL NOTICE referenced 1301.99 Shall we take a look at 1301? CHAPTER 1301 – Ohio Building Code 301.03 SCOPE The provisions of the Ohio Building Code shall apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures. As provided in Section 3791.04(B) of the Ohio Revised Code, no plans or specifications shall be approved or inspection approval given unless the building represented by those plans or specifications would, if constructed, repaired, erected or equipped according to those plans or specifications, comply with Chapters 3781 and 3791 of the Ohio Revised Code and any rules adopted by the Board. An owner may exceed the requirements of the Ohio Building Code in compliance with Section 102.7 of the Ohio Building Code. This code was not met as evidenced by: Plans or specifications approved and inspection approval given for alterations that do not comply with Chapters 3781 and 3791 of the Ohio Revised Code. 1301.04 COMPLIANCE (a) No owner or any other person shall construct, erect, build or equip any building or structure to which the Ohio Building Code is applicable, or make any addition thereto or alteration thereof, except in case of repairs for maintenance without affecting the construction, sanitation, safety or other vital feature of such building or structure, without complying with this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto. (ORC 3791.01, 3791.02) (b) No architect, builder, engineer, plumber, carpenter, mason, contractor, subcontractor, foreman or employee shall violate or assist in violating this chapter, Ohio R.C. Chapters 3781 and 3791 or the Ohio Building Code, or fail to comply with any lawful order issued pursuant thereto. (ORC 3791.01, 3791.03) (c) No owner shall proceed with the construction, erection, alteration or equipment of any building to which the Ohio Building Code is applicable until the plans or drawings, specifications, and data have been approved as Ohio R.C. 3791.04 requires, or the industrialized unit inspected at the point of origin. No plans or specifications shall be approved or inspection approval given unless the building represented would, if constructed, repaired, erected, or equipped comply with Chapters 3781 and 3791 of the Ohio Revised Code and any rule made under those chapters. (ORC 3791.04) This code was not met as evidenced by: No lawful order was ever issued. Plans or specifications were approved and inspection approval was given despite noncompliance with Chapters 3781 and 3791 of the Ohio Revised Code and any rule made under those chapters. (ORC 3791.04) 1301.06 VIOLATIONS (a) Adjudication Orders Required Before Legal Proceedings. Before the Municipality attempts to enforce Chapters 3781 and 3791 of the Ohio Revised Code or any rules adopted pursuant thereto, by any remedy, civil or criminal, it shall issue an adjudication order within the meaning of Sections 119.06 to 119.13 of the Ohio Revised Code or a stop work order as provided in Section 1301.07. Every adjudication order shall: 1. (1) Cite the law or rules directly involved and shall specify what appliances, site preparations, additions, or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Chapters 3781 and 3791 of the Ohio Revised Code. 2. (2) Include notice to the party of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the notice. The notice shall also inform the party that at the hearing he may be represented by counsel, present his arguments or contentions orally or in writing and present evidence and examine witnesses appearing for or against him. (b) Notice of Violation. The Building Official is authorized to serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure. When the Building Official finds that work or equipment is contrary to approved construction documents and the rules of the Board of Building Standards, the Building Official shall send a notice in writing to the owner of said building or the owner’s agent which shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board. The notice shall specify a reasonable period of time in which to conform to said plans or the rules of the Board. Before any work may continue on the construction, erection, alteration, or equipment of any building for which the approval is invalid, the owner of the building shall resubmit the plans or drawings and specifications for approval as required under Section 105.3 of the Ohio Building Code. (c) Prosecution of Violation. Upon the issuance of any order provided for in this section or Section 1301.07, the person receiving an order shall cease work upon the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or shall cease using the appliance, materials, assemblages or manufactured product identified in the order until such time as the appeal provided for in accordance with the provisions of Section 3781.19 of the Ohio Revised Codeand all appeals from such hearing have been completed, or the order has been released. (OBC 113) This code was not met as evidenced by: No lawful stop work order ever received. The stop work order does not specify what appliances, site preparations, additions, or alterations to structures, plans, materials, assemblages or procedures are necessary for the same to comply with Chapters 3781 and 3791 of the Ohio Revised Code. No notice ever sent to the party of the procedure for appeal and right to a hearing if requested within thirty days of the mailing of the notice. The notice fails to inform the party that at the hearing he may be represented by counsel, present his arguments or contentions orally or in writing and present evidence and examine witnesses appearing for or against him. The Building Official did not serve a notice of violation or order on the person responsible for the erection, construction, alteration, extension, repair, moving, removal, demolition or occupancy of a building or structure Notice failed to specify a reasonable period of time in which to conform to said plans or the rules of the Board. Plan approval invalid. No plans or drawings and specifications for approval ever resubmitted as required under Section 105.3 of the Ohio Building Code No appeal provided for. 1301.07 STOP WORK ORDER (a) Authority. Whenever the Building Official finds any work regulated by this Code being performed in a manner contrary to the provisions of this Code or in a dangerous or unsafe manner, the Building Official is authorized to issue a stop work order whenever the Building Official finds, after inspection, that the site preparations or structure to be constructed, or in the case of an industrialized unit, the installation of the unit, or that the use of an appliance, materials, assemblage, or manufactured product does not comply with the provisions of Chapters 3781 and 3791 of the Ohio Revised Code or the rules adopted pursuant thereto. The effect of such an order shall be limited to the matter specified in the order. (b) Issuance. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner’s agent and the person doing the work. Upon issuance of a stop work order, the cited work shall immediately cease. The stop work order shall state the reason for the order, and the conditions under which the cited work will be permitted to resume. (c) Unlawful Continuance. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition. Failure to cease work after receipt of a stop work order is hereby declared a public nuisance. (OBC 114) This code was not met as evidenced by: The stop work order not in writing and not provided to the owner of the property involved. The stop work order does not state the reason for the order, and the conditions under which the cited work will be permitted to resume. 1301.09 ENFORCEMENT. (a) In General. The Building Official shall enforce provisions of the rules of the Board of Building Standards and of Chapters 3781 and 3791 of the Ohio Revised Code, relating to construction, arrangement, and the erection of buildings or parts thereof as defined in the rules of the Board in accordance with the certification. The Building Official shall exercise exclusive responsibility for the enforcement of all design and construction requirements found in the Ohio Building Code and in other codes and referenced standards to the extent that the Building Code refers to those documents for design data, facts, figures, requirements, criteria, conditions, measures, and information except as follows: 1. (1) Fire. The Fire Marshal or Fire Chief shall enforce all provisions of the rules of the Board relating to fire prevention. For those design and construction requirements and other requirements found in the Fire Prevention Code to which the Building Code refers, to the extent of the reference they shall be enforced by the Building Official. 2. (2) Health. The Department of Health, or the boards of health of the City or general health districts the Division of Industrial Compliance of the Department of Commerce, or the Departments of Building Inspection of municipal corporations shall enforce such provisions relating to sanitary construction. 3. (3) Engineering. The Department of the City Engineer, in cities having such departments, has complete supervision and regulation of the entire sewerage and drainage system of the City, including the house drain and the house sewer and all laterals draining into the street sewers. Said department shall have control and supervision of the installation and construction of all drains and sewers that become a part of the sewerage system of the City and shall issue all the necessary permits and licenses for the construction and installation of all house drains and house sewers and of all other lateral drains that empty into the main sewers. Such department shall keep a permanent record of the installation and location of every drain and sewerage system of the City. 4. (4) Enforcement. This section does not exempt any officer or department from the obligation of enforcing any provision of the rules of the Board. The Building Official shall have the authority to render interpretations of the Ohio Building Code and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this code. (b) Applications and Approvals. The Building Official shall receive applications, require the review of submitted construction documents and issue plan approvals for the erection, and alteration, demolition and moving of buildings and structures, inspect the premises for which such approvals have been issued and enforce compliance with the provisions of this Code. (c) Notices and Orders. The Building Official shall issue all necessary notices or orders to ensure compliance with this Code. When the Building Official finds that work or equipment is contrary to approved plans therefor and the rules of the Board, the Building Official shall send a notice in writing to the owner of said building or the owner’s agent. The notice shall state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board, and specify a reasonable period of time in which to conform to said plans or the rules of the Board. (d) Inspections. If the plans for the erection, construction, repair, alteration, relocating, or equipment of a building are subject to inspection by the Building Official, under Section 109 of the Ohio Building Code, the Building Official shall cause to be made such inspections, investigations, and determinations as are necessary to determine whether or not the work which has been performed and the installations which have been made are in conformity with the approved plans and to safety and sanitation, except special inspections required under Section 1704 of the Ohio Building Code. (e) Identification. The Building Department personnel shall show, when requested, proper identification when entering structures or premises in the performance of duties under this Code. (f) Right of Entry. The Building Official, or Building Official’s designee, is authorized to enter a structure or premises at reasonable times to inspect or to perform the duties imposed by this Code, provided that credentials are presented to the occupant and that entry is requested and obtained. Where permission to enter has not been obtained, is denied, or the Building Official has probable cause to believe that there exists in a structure or upon a premises a condition which is a serious hazard the Building Official shall have recourse to the remedies provided by law to secure entry. (g) Department Records. The Building Official shall keep official records of applications received, certificate of plan approval issued, notices and orders issued, certificate of occupancy, and other such records required by the rules of the Board of Building Standards. Such information shall be retained in the official permanent record for each project. One set of approved construction documents shall be retained by the Building Official for a period of not less than one hundred eighty days from date of completion of the permitted work, or as required by document retention regulations. (h) Liability. Liability of certified Building Department personnel for any tortuous act will be determined by Ohio courts to the applicable provisions of Chapter 2744 of the Ohio Revised Code. (OBC 104) This code was not met as evidenced by: The Building Official failed to exercise exclusive responsibility for the enforcement of all design and construction requirements found in the Ohio Building Code and in other codes and referenced standards to the extent that the Building Code refers to those documents for design data, facts, figures, requirements, criteria, conditions, measures, and information. The Building Official failed to require the review of submitted construction documents and issued plan approvals in conflict with code for the erection, and alteration, demolition and moving of buildings and structures. The Building Official failed to inspect the premises for which such approvals have been issued and failed to enforce compliance with the provisions of this Code. The Building Official failed to issue all necessary notices or orders to ensure compliance with this Code. The Building Official failed to send a notice in writing to the owner of said building or the owner’s agent. The notice fails to state where and in what respect the work or equipment does not conform to the approved plans for same and the rules of the Board. Inspections, investigations, and determinations not made, as are necessary to determine whether or not the work which has been performed and the installations which have been made are in conformity with the approved plans and to safety. We will address our permanent record later. |
5.00 PM:
Email Sent:
Tim Ide timetoproductions@gmail.com
Sep 29, 2019, 5:00 PM
PART TWO – FYI – Complaint to the state of Ohio Board of Building Standards outlining the city of Maumee’s widespread civil rights violations under the color of law.
to barbatkinson@roadrunner.com,
lsartiaga26@outlook.com,
bcjrz@yahoo.com,
mindyscurry@gmail.com,
bobkeo@hotmail.com,
rckleiboemer@whitehouseoh.gov,
bill.may802@gmail.com,
mayor@hollandohio.com,
bettinger@hollandohio.com,
burditt@hollandohio.com,
kruczkowski@hollandohio.com,
nachtrab@hollandohio.com,
spangler@hollandohio.com,
stone@hollandohio.com,
diane.larson@13abc.com,
lee.conklin@13abc.com,
jeff.z.smith@13abc.com,
Kristian.Brown@13abc.com,
christina.williams@13abc.com,
tony.geftos@13abc.com,
michael.bratton@13abc.com,
lissa.guyton@13abc.com,
shaun.hegarty@13abc.com,
Madison.Humphrey@13abc.com,
McKenzie.Kuehnlein@13abc.com,
Micaela.Marshall@13abc.com,
Alexis.Means@13abc.com,
rachel.schneider@13abc.com,
melissa.Voetsch@13abc.com,
aglenn@maumee.org,
zjenkins@maumee.org,
wshepherd@maumee.org,
pdonohue@maumee.org,
inspection@maumee.org,
John Arnsby <arnsby-john@maumee.org>,
bbs@com.state.oh.us,
Brent Buehrer <buehrer-brent@maumee.org>,
Bruce Wholf <wholf-bruce@maumee.org>,
John Boellner <boellner-john@maumee.org>,
clerk@maumee.org,
council@maumee.org,
Dave Kissinger <kissinger-dave@maumee.org>,
Tracey Elmore <elmore-tracey@maumee.org>,
“Lefebvre, Fred” <FredLefebvre@clearchannel.com>,
“Hooper, Michael” <hooper@wspd.com>,
iTeam@13abc.com,
jezak-john@maumee.org,
kevin wood <info@localnews.com>,
LawDirector@maumee.org,
mayor <mayor@maumee.org>,
mwalton@theblade.com,
nancy@themirrornewspaper.com,
Alia Orra <editor@adamsstreetpublishing.com>,
Timothy Pauken <pauken-tim@maumee.org>,
rathburn-amber@maumee.org,
Tom Wagener <wagener-tom@maumee.org>,
tischler-beth@maumee.org,
wtolpublicfile@wtol.com,
11investigates@wtol.com
So, where were we?
Right. The ten-day notice dated March 15th, 2018.
So, March 29th. We hear nothing. 30th, 31st, April 1st, 2nd, 3rd, 4th… nothing.
On April 5th we emailed Mark Westcott to inquire as to the status of the court date.
We hear nothing. The 6th, 7th, 8th, 9th… nothing.
April 10th, 2018 we emailed Bruce Wolfe to inquire as to the status of the court date.
The 11th.
The 12th. We hear nothing.
Friday the 13th, 2018 we finally receive some type of communication from anyone with The City of Maumee.
It is an email from Beth Tischler telling us that we are receiving official correspondence that will be followed up by certified mail, presumably to 321 W. Broadway.
The house purchased on August 9th, 2017 that we still do not live in, as we still have no foundation, secondary to our inability to have and enjoy the same minimum standards of health and safety seemingly afforded to everyone else.
The email from Beth Tischler stated that Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC had stated that we had stopped work on our property and referenced two dates 12/20/2017 and 01/17/18 as “proof” that we had stopped work at our house.
The first date was December, 20th 2017. This date is important because it is not just another ‘error’ on the part of Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC it seems apparent that it was a calculated lie.
KO – “The owner stopped us on 12.20.17”
This is a lie. This is Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knowingly deceiving another or causing another to be deceived by a false or misleading representation.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows this to be a lie!
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that he sent us the following text on 12/19/17 at 07:20:
* *
Hi Megan, With the weather nicer this week we will be back at your home.
The goal is to get the rest of the walls up this week.
Hopefully rest of footers tomorrow walls on Thursday and Friday.
* *
To which we responded with:
Ok
What are you putting on inside the walls, blue board or moisture barrier?
What’s going on with sill plate on back addition?
The moisture barrier on outside goes all the way up to sill plate, so does none of block shows like it does on most houses?
**
There is nothing in this text exchange with Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC to indicate that he was not planning on working December 20, 21, and 22nd.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that the third bogus City of Maumee Building inspection by Mark Westcott was on December 20th.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that the second concrete pour was on December 20th.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that he paid his workers and that he has payroll records for work performed at our home on December 20, 21, 22 and 23rd.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that he can confirm man-hours at our home on December 21st, 22nd and 23rd via GPS locating services.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that we phoned him on December 22nd at 09:04 with questions regarding the exterior waterproofing extending past grade, all the way up to the sill plate.
We have a recording of that phone call, where you can hear Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knowingly deceiving us, causing us to be deceived by false or misleading representations, by withholding information and by preventing us from acquiring information thus creating, confirming, and perpetuating a false impression in us.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that we spoke with his workers at our home on 12/22/18. We have recordings of those conversations.
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that he sent us the following text on 12/22/17 at 11:56:
***
Hi Megan, i am getting a lot of calls from the guys regarding the grade. Many homes are built with the grade too high and moisture resistance materials must be used or cover up non moisture resistant materials. It is always a bad idea to grade your property toward your home the very back of the addition maybe practical to grade it towards the neighbors and lower it. It is definitely not practical for the area where the cistern is. I will reach out to inspection on Tuesday (12/26/17) to verify the situation and correction. We run across this all the time and generally the answer is to cover the wall under the siding with a moisture barrier to protect the wood behind it. Again, I will verify with inspection on Tuesday.
***
Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC knows that we received a text message saying they cannot go back, on January 22nd
**
Megan, we communicated with building inspection and agreed to dig out the corner as needed for inspection but Megan Kevin needs you to list your must have concerns to see if they are achievable. We cannot go back until these concerns are written. We would need a disclosure for any grading as well. We also need an addendum for the extra work in the front porch area not listed in original contract of footage listed. Please send list to Kevin and myself. He’ll review and we’ll call and set a meeting for how to move forward.
Thank you
Terry
**
We have more… much, much more!
The other date that Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC references in his rebuttal is the date of January 17th, 2018.
What happened on that cold, third Wednesday in January you ask, well Bruce Wholf called Megan and they spoke on the phone, but we’ll have more about that in a minute.
Here are some of the specific code violations associated with our foundation. Some are currently cited, some are not. All exist under our home.
SECTION 401 GENERAL
401.3 Drainage. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard. Lots shall be graded to drain surface water away from foundation walls. The grade shall fall a minimum of 6 inches (152 mm) within the first 10 feet (3048 mm).
This code was not met as evidenced by:
Surface drainage not diverted to a storm sewer conveyance or other approved point of collection that does not create a hazard.
SECTION 403 FOOTINGS
403.1 General. All exterior walls shall be supported on continuous solid or fully grouted masonry or concrete footings, crushed stone footings, wood foundations, or other approved structural systems which shall be of sufficient design to accommodate all loads according to Section 301 and to transmit the resulting loads to the soil within the limitations as determined from the character of the soil. Footings shall be supported on undisturbed natural soils, controlled low- strength material (CLSM), or engineered fill. Concrete footings shall be designed and constructed in accordance with the provisions of Section 403 or in accordance with ACI 332.
This code was not met as evidenced by:
All exterior walls not supported on continuous solid or fully grouted masonry or concrete footings.
Footings not supported on undisturbed natural soils.
Concrete footings not designed and constructed in accordance with the provisions of Section 403 or in accordance with ACI 332.
403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table 403.1 and Figure 403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches (152 mm) in thickness, T. Footing projections, P, shall be at least 2 inches (51 mm) and shall not exceed the thickness of the footing. The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table 401.4.1. Footings for wood foundations shall be in accordance with the details set forth in Section 403.2, and Figures 403.1(2) and 403.1(3).
This code was not met as evidenced by:
Footing projections, P, are not at least 51 mm in some locations and exceeds the thickness of the footing in other locations.
403.1.4 Minimum depth. All exterior footings shall be placed at least 12 inches (305 mm) below the undisturbed ground surface. Where applicable, the depth of footings shall also conform to Sections 403.1.4.1 through 403.1.4.2.
This code was not met as evidenced by:
Depth of footings does not conform to Sections 403.1.4.1 through 403.1.4.2.
403.1.4.1 Frost protection. Except where otherwise protected from frost, foundation walls, piers and other permanent supports of buildings and structures shall be protected from frost by one or more of the following methods:
1. Extended below the frost line specified in Table 301.2.(1);
This code was not met as evidenced by:
Footings not protected from frost by extending below the frost line.
403.1.6 Foundation anchorage. Sill plates and walls supported directly on continuous foundations shall be anchored to the foundation in accordance with this section.
Wood sole plates at all exterior walls on monolithic slabs, wood sole plates of braced wall panels at building interiors on monolithic slabs and all wood sill plates shall be anchored to the foundation with anchor bolts spaced a maximum of 6 feet (1829 mm) on center. Bolts shall be at least 1⁄2 inch (12.7 mm) in diameter and shall extend a minimum of 7 inches (178 mm) into concrete or grouted cells of concrete masonry units. A nut and washer shall be tightened on each anchor bolt. There shall be a minimum of two bolts per plate section with one bolt located not more than 12 inches (305 mm) or less than seven bolt diameters from each end of the plate section. Interior bearing wall sole plates on monolithic slab foundation that are not part of a braced wall panel shall be positively anchored with approved fasteners. Sill plates and sole plates shall be protected against decay and termites where required by Sections 317 and 318. Cold-formed steel framing systems shall be fastened to wood sill plates or anchored directly to the foundation as required in Section 505.3.1 or 603.3.1.
This code was not met as evidenced by:
Sill plates and walls supported directly on continuous foundations not anchored to the foundation in accordance with this section.
No anchor bolts present.
403.4.2 Concrete footings. Concrete footings shall be installed in accordance with Section 403.1 and Figure 403.4(2).
This code was not met as evidenced by:
Concrete footings not installed in accordance with Section 403.1 and Figure 403.4(2).
SECTION 404 FOUNDATION AND RETAINING WALLS
404.1.1.1 Masonry foundation walls. Concrete masonry and clay masonry foundation walls shall be constructed as set forth in Table 404.1.1(1), 404.1.1(2), 404.1.1(3) or 404.1.1(4) and shall also comply with applicable provisions of Sections 606, 607 and 608. In buildings assigned to Seismic Design Categories D0, D1 and D2, concrete masonry and clay masonry foundation walls shall also comply with Section 404.1.4.1. Rubble stone masonry foundation walls shall be constructed in accordance with Sections 404.1.8 and 607.2.2. Rubble stone masonry walls shall not be used in Seismic Design Categories D0, D1 and D2.
This code was not met as evidenced by:
Masonry foundation walls not constructed as set forth in Table 404.1.1(1), 404.1.1(2), 404.1.1(3) or 404.1.1(4) nor do they comply with applicable provisions of Sections 606, 607 and 608.
404.1.2.3. 7.4 Support and cover. Reinforcement shall be secured in the proper location in the forms with tie wire or other bar support system to prevent displacement during the concrete placement operation. Steel reinforcement in concrete cast against the earth shall have a minimum cover of 3 inches (75 mm). Minimum cover for reinforcement in concrete cast in removable forms that will be exposed to the earth or weather shall be 1½ inches (38 mm) for No. 5 bars and smaller, and 2 inches (50 mm) for No. 6 bars and larger. For concrete cast in removable forms that will not be exposed to the earth or weather, and for concrete cast in stay-in-place forms, minimum cover shall be ¾ inch (19 mm). The minus tolerance for cover shall not exceed the smaller of one-third the required cover or 3/8 inch (10 mm).
This code was not met as evidenced by:
Reinforcement not secured in the proper location in the forms with tie wire or other bar support system to prevent displacement during the concrete placement operation. Steel reinforcement in concrete cast against the earth does not have a minimum cover of 3 inches (75 mm).
404.1.2.3. 7.8 Construction joint reinforcement. Construction joints in foundation walls shall be made and located to not impair the strength of the wall.Construction joints in plain concrete walls, including walls required to have not less than No. 4 bars at 48 inches (1219 mm) on center by Sections 404.1.2.2 and 404.1.4.2, shall be located at points of lateral support, and a minimum of one No. 4 bar shall extend across the construction joint at a spacing not to exceed 24 inches (610 mm) on center. Construction joint reinforcement shall have a minimum of 12 inches (305 mm) embedment on both sides of the joint. Construction joints in reinforced concrete walls shall be located in the middle third of the span between lateral supports, or located and constructed as required for joints in plain concrete walls.
Anchorage shall be in accordance with Section 403.1.6, Figure 404.1.5(1), or as specified by engineered design accepted by the building official.
This code was not met as evidenced by:
Construction joints in foundation walls not made and located to not impair the strength of the wall.
Construction joint reinforcement does not have a minimum of 12 inches (305 mm) embedment on both sides of the joint.
No anchor bolts present.
404.1.6 Height above finished grade. Concrete and masonry foundation walls shall extend above the finished grade adjacent to the foundation at all points a minimum of 4 inches (102 mm) where masonry veneer is used and a minimum of 6 inches (152 mm) elsewhere.
This code was not met as evidenced by:
Masonry foundation walls do not extend above the finished grade adjacent to the foundation at all points a minimum of 152 mm.
404.1.7 Backfill placement. Backfill shall not be placed against the wall until the wall has sufficient strength and has been anchored to the floor above, or has been sufficiently braced to prevent damage by the backfill.
This code was not met as evidenced by:
Backfill placed against the wall prior to being anchored to the floor above.
404.3 Wood sill plates. Wood sill plates shall be a minimum of 2-inch by 4-inch (51 mm by 102 mm) nominal lumber. Sill plate anchorage shall be in accordance with Sections 403.1.6 and 602.11.
This code was not met as evidenced by:
Sill plate anchorage not in accordance with Sections 403.1.6 and 602.11.
SECTION 405 FOUNDATION DRAINAGE
405.1 Concrete or masonry foundations. Drains shall be provided around all concrete or masonry foundations that retain earth and enclose habitable or usable spaces located below grade. Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means into an approved drainage system or other location that complies with the Ohio Plumbing Code. Gravel or crushed stone drains shall extend at least 1 foot (305 mm) beyond the outside edge of the footing and 6 inches (152 mm) above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper, and the drainage tiles or perforated pipe shall be placed on a minimum of 2 inches (51 mm) of washed gravel or crushed rock at least one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches (152 mm) of the same material.
This code was not met as evidenced by:
No foundation drainage system was installed or is in place that will discharge by gravity or mechanical means into an approved drainage system or other location that complies with the Ohio Plumbing Code.
The gravel or crushed stone drains installed do not extend at least 305 mm beyond the outside edge of the footing nor do they extend 152 mm above the top of the footing.
No drains installed are covered with an approved filter membrane material.
405.2.3 Drainage system. In other than Group I soils, a sump shall be provided to drain the porous layer and footings. The sump shall be at least 24 inches (610 mm) in diameter or 20 inches square ( 0.0129 m2), shall extend at least 24 inches (610 mm) below the bottom of the basement floor and shall be capable of positive gravity or mechanical drainage to remove any accumulated water. The drainage system shall discharge by gravity or mechanical means into an approved drainage system or other location that complies with the Ohio Plumbing Code.
This code was not met as evidenced by:
No sump provided to drain the porous layer and footings.
SECTION 406 FOUNDATION WATERPROOFING AND DAMPPROOFING
406.1 Concrete and masonry foundation dampproofing. Except where required by Section 406.2 to be waterproofed, foundation walls that retain earth and enclose interior spaces and floors below grade shall be dampproofed from the top of the footing to the finished grade. Masonry walls shall have not less than 3/8 inch (9.5 mm) portland cement parging applied to the exterior of the wall. The parging shall be dampproofed in accordance with one of the following:
This code was not met as evidenced by:
Foundation walls that retain earth and enclose interior spaces and floors below grade not dampproofed from the top of the footing to the finished grade.
406.3.2 Below-grade moisture barrier. A 6-mil-thick ( 0.15 mm) polyethylene film shall be applied over the below-grade portion of exterior foundation walls prior to backfilling. Joints in the polyethylene film shall be lapped 6 inches (152 mm) and sealed with adhesive. The top edge of the polyethylene film shall be bonded to the sheathing to form a seal. Film areas at grade level shall be protected from mechanical damage and exposure by a pressure preservatively treated lumber or plywood strip attached to the wall several inches above finish grade level and extending approximately 9 inches (229 mm) below grade. The joint between the strip and the wall shall be caulked full length prior to fastening the strip to the wall. Other coverings appropriate to the architectural treatment may also be used. The polyethylene film shall extend down to the bottom of the wood footing plate but shall not overlap or extend into the gravel or crushed stone footing.
This code was not met as evidenced by:
Joints in the polyethylene film not lapped 6 inches (152 mm) and sealed with adhesive.
The top edge of the polyethylene film not bonded to the sheathing to form a seal.
Film areas at grade level not protected from mechanical damage and exposure by a pressure preservatively treated lumber or plywood strip attached to the wall several inches above finish grade level and extending approximately 9 inches (229 mm) below grade
**
This is by no means meant to be an all-inclusive list, nor is this meant to be our last word on this matter. I am struggling here a bit on my Sunday afternoon.
Unfortunately it is raining, which means our basement and crawlspaces are flooding and we will need to pump water out when I am done typing this.
So, Bruce
We all have some questions for you.
First up is the phone call from you, Bruce Wholf returning Megan’s call from an hour previous, on January 17th, 2018 at 2:31 pm., the phone call that lasted 7 minutes and 09 seconds.
The phone call that Mark Westcott wrote, on the public record, a note describing the conversation between Megan Bremer and Bruce Wholf and documented it as if he were involved in the conversation and not just a passive listener.
The public record documentation describing Megan and Bruce’s phone call as written by Mark Westcott on January 17th 2018 is as follows:
Notes: Phone Consultation. Chief Building Inspector Bruce Wholf and Building Inspector Mark Westcott called home owner Meagan and were informed that she plans to hire a structural engineer to assess her property at 321 W. Broadway. She also requested that we inform the contractor that they should cease all work at the property untill she informs them otherwise. We then called Diversified Group and informed them of the home owners decision.
This particular note is important because it turns out this note is a big problem.
This note is being cited by Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC as the reason they have not been at our home to work since abandoning the job on December 23rd, 2017.
This is Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC ‘s response to our Better Business Bureau Complaint:
**
KO – 4/9/18 – “The owner stopped us on 12.20.17 and then told Inspection to tell Diversified Group LLC on 1.17.18 not to continue as they were hiring a structural engineer.
Inspection Log –
“Inspector Mark Westcott called home owner Meagan and were informed that she plans to hire a structural engineer to assess her property at 321 W. Broadway. She also requested that we inform the contractor that they should cease all work at the property until she informs them otherwise. We then called Diversified Group and informed them of the home owners decision.”
**
This note is being cited as the reason our home has no foundation under it.
This note is being cited as the reason we still cannot live in our home.
This note is being cited as the reason our basement is flooded.
This note is being cited as the reason we have raccoons in our home foraging for food and defecating on our floor.
This note is being cited as the reason our house has not yet been declared a public nuisance.
Do you know what it is like waking up every morning just hoping that today is going to be the day that your home is finally going to be declared a public nuisance?
This note is being cited, as the reason Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC still has not yet received a court date.
Bruce,
Did you write this notation?
Did you participate in the creation of this notation in any way?
Did you proofread the notation immediately after it’s creation on January 17th 2018?
When was the first time you read the notation?
What was your impression on first read?
Did you approve?
Does your recollection of that phone call match Mark Westcott’s notation?
Did you call Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC personally and speak with him or did Mark Westcott phone him?
If you did not personally phone Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC and Mark Westcott did, did you listen to what Mark Westcott told Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC when he phoned him?
Bruce, do you know what was told to Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC as it relates to this phone call and resulting notation?
Do you agree that this notation is an accurate reflection of what was said by both you and Megan during that 7 minute and 9 second phone conversation?
Did Megan ever tell you that she wanted the contractor to cease all work at the property?
Did Megan ever tell you that she did not want DIVERSIFIED GROUP LLC working on her foundation?
Did Megan tell you specifically that she wanted to wait before making the decision to cease all work?
Is there anything you would go back and change about this notation?
Bruce, the reason we are asking is because the notation is materially and factually incorrect. Some might argue maliciously so.
We recorded nearly all of that phone conversation that took place for 7 minutes and 9 seconds at 2:31 pm., when you phoned our house on January 17th 2018 and spoke with Megan.
The recording says it was created at 2:32 pm and is 5 minutes and 27 seconds long. The phone rang, was answered and greetings shared by the time we had the recorder started.
We have a transcript of the recording of the phone call, and it does not match up with the notation written by Mark Westcott.
At all.
This is a transcript of a recording that we made of a phone call, on speakerphone, in progress, between Megan Bremer and Bruce Wolf on January 17th, 2018 at 2:31 pm.
The phone call was from Bruce to Megan and the entire phone call lasted for 7 minutes and 09 seconds. I only recorded 5 minutes and 27 seconds of it.
The phone call ended right after I stopped recording.
Megan (M) – …I mean if we do go forward with this, if it’s structurally sound or if he thinks it’s a loss and we need to just start from scratch.
Bruce (B) – OK.
(M) – Um, so, that’s were at. I was going to talk to this structural engineer and see what his opinions are, and then, um, and then contact DIVERSIFIED GROUP, but my question for you was is there like a timeline, or any deadlines that I should be aware of or um?
(B) – No, I mean the permit, the permit remains open, we know where were at, at least I think, I think you, you and I and, and, and you know are on the same page that, you know, if you need, uh, us to forward copies of the inspection…
(M) – Ah Huh.
(B) – …or inspections. You know the footers in that one part of your wall.
(M) – Ah Huh.
(B) – That was approved, and that was it. So, it’s obviously obvious that DIVERSIFIED has gone above and beyond what they were inspected and approved to do.
(M) – OK.
(B) – Ummm, and they are, between you and me and the fence post. I think that’s why he’s called back a second time, trying to figure out where they’re at, because, he’s is potentially trying to cover tracks. I don’t know.
(M) – Yeah.
(B) – Ugh. but, I don’t wanna, I don’t wanna tell them anything that I don’t run by you first, because, you know if you don’t want them out there until you get your structural inspector out there. Ummm, and or you just don’t want em out there at all, that’s your decision. That’s not my decision or the City of Maumee’s. So.
(M) – Yeah, Yeah. I appreciate that. That is a decision that I want to make after we talk to this…
(B) – OK
(M) – …engineer.
(B) – Alright. So, do you want me to call them and tell them this? Do you want to call them and tell them this? ummm. Or, you don’t wanna do anything?
(M) Hahaha (laughter) Um,
(B) – I put all the options on the table there Megan, so.
(M) – Yeah, yeah, yeah. Umm… I mean if you want to call them back, just so you don’t leave them hanging on your end. Um, but, I don’t feel comfortable giving them any information at this point.
(B) – OK
(M) – Um
(B) – Well I’ll tell you what I will do then, and, and let me know if you agree. Um, that I call them, and I’m gonna tell them exactly what I told you, you know, that they had…
(M) – Uh Huh.
(B) – …three inspections. You have gone beyond what you were approved to do and that, ahhh, you were in to the office, there were discussions on what’s going to happen next.
(M) – OK
(B) – …and that he should wait to hear from you.
(M) – OK. Yeah.
(B) – Is that OK?
(M) – Yeah, yeah that sounds good.
At this point on the recording you can hear Tim interject.
Tim (T) – No
(B) – OK
(M) – Umm,
(B) – OK
(T) – Oh my god.
(M) – and
(T) – That’s wrong.
(M) – Can you hold on one second? I’m sorry.
(B) – Sure.
(M) – One moment.
(M) – I have it muted. What?
(T) – We’re not going to contact them. Tell them to contact us. OK, when they have a plan.
(M) – DIVERSIFIED GROUP?
(T) – Yeah.
(M) – uh huh.
(T) – And ask them can we leave the foundation and just deal with it, or is it red tagged and all has to come out? And tell them we didn’t shut down the site. We didn’t tell DIVERSIFIED to leave. Maumee did!
(M) – OK, OK.
(M) – OK, Bruce?
(B) – Yeah!
(M) – Yeah, hi. Um, so will they have to? If we decide to um, continue on, they, do they have to will they have to remove everything they were not approved to do?
(B) – They will be required to remove and expose everything that was not inspected, so it can be inspected in accordance with the code.
(M) – OK Um, they are probably not going to want to hear that. Um, umm, yeah, let me, let me speak to the structural engineer, and then I will be back in touch with you.
(B) – OK
(M) – And we can go from there.
(B) – That sounds good Megan.
(M) – Great. Thank you for your help.
(B) – Well, let’s try to get through this darn thing, and like I said. You know Were here to inspect the work and you know there’s only so many times that were out there, and we can do what we can do, but above and beyond that. You know, we can’t babysit the job, for a lack of better terms.
(M) – Yeah.
(B) – Additionally, like I told you at the meeting that you know we just can’t get involved with any disputes between yourself and the contractor. So.
(M) – Sure. Yeah.
(B) – Um, but you know I, I feel the need to call him back and say you know this is, this is where were at and I can’t do anything more and you need to wait for a call from Megan. How about that?
(M) – OK, yeah, and just so that.
(B) – OK?
(M) – Yeah, just so that they’re aware that you know that um, you know, we didn’t really shut the job site down, it was more um, that they did work without being approved, so yeah.
(B) – Right
(T) – Maumee did.
(B) – No, It will be explained.
(T) – Say that.
(B) – …literally that they went above and beyond what they were approved.
This is the end of the recording. Megan hung up the phone right after stoppage.
**
So, Bruce
Is the transcript of you speaking to Megan an accurate representation of the conversation you recall?
Do you think the notation written by Mark Westcott is and accurate reflection of the actual phone conversation, which you had with Megan Bremer on 1/17/2018?
Do you recall telling Megan at least five times that YOU would be phoning Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC personally?
Do you recall never once telling Megan that it would be Mark Westcott who would be phoning Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC?
Do you recall that the only person who ever said that Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC should not return to the property was you?
Do you recall that you said that Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC should not return to the property more than once?
On January 17th, 2018 prior to this phone call were you aware that the homeowner had grave concerns about the competency of Mark Westcott?
Did you tell the homeowner that you would personally make the phone call because you knew they would have grave misgivings about Mark Westcott completing the call?
Do you think Mark Westcott is a competent inspector?
In light of the fact that we can definitively show that Megan told you specifically NOT to tell Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC that we did not want them on the property, do you still stand by the notation written by Mark Westcott?
Do you think Mark Westcott wrote that notation with malice of heart, in a deliberate effort to cause harm to a citizen of Maumee, a shall we say a torturous act?
Do you think Mark Westcott knuckled that notation in, the whole while grumbling under his breath… I’ll show you who is incompetent.
Do you think Mark Westcott is unable to listen to and accurately report on a simple 7-minute, one topic conversation?
Do you think Mark Westcott was acting in an effort to help the homeowner in any way?
Do you still think that is just a dispute between a contractor and a homeowner?
Do you still believe that we cannot clearly document how all three ‘inspections’ conducted by Mark Westcott were incorrect, incomplete and not in compliance with the Ohio Revised Code?
Do you still stand behind Mark Westcott’s work?
Do you even know and can you identify exactly which footers under our house are not deep enough?
Did you cite all of the footers? 100% of them?
Did you cite all known and easily verifiable code violations associated with our foundation or just some of them?
Did you have a checklist when you completed your inspection?
Did you know that Ohio law says you must have a list?
Were you aware that you have been provided said list ,which you chose to disregard in a blatant disregard for Ohio law?
Did you take any written notes during your inspection?
Did you produce any work product related to your inspection?
Did you write a report outlining your inspection and associated issues?
Have you ever produced any work product related to 321 W. Broadway?
Bruce, It seems like you got caught up trying to protect Mark, The Office and by trying to C.Y.A. and you lost all objectivity, refusing to believe anything we said. Dismissing us as disgruntled consumers in a dispute with a contractor, refusing to see the evidence right in front of your eyes, that the problem is you.
That is tough to see some times.
So, after thoroughly dragging you for 36 pages we now need you to do us a solid!
Can you do us a favor?
Bruce, this is what we need you to do for us.
WE NEED THE PUBLIC RECORD CORRECTED!
We need the Department of Public Safety, Division of Building and Zoning online status reporting of this case to be updated to accurately reflect the true nature of the phone call, which took place between Bruce Wolf and Megan Bremer, for 7 minutes and 9 seconds starting at 2:31 pm on January 17th, 2018.
We need the addendum to Mark Westcott’s incorrect notation to be factual.
…and while you have the computer turned on, can you please go back and fix the name on our plumbing permit #43971, application #2007027360. At the counter, when you handed us the permit on 11/15/17 in the name of Gary Steinhurst we told you it was incorrect and we asked you if Gary Steinhurst will be held responsible for any issues with the permit, should they arise. We informed you that we would like it corrected to accurately reflect the true facts existing in the real world and you assured us that you would correct it.
Unable or Unwilling?
Our plumbing permit is still in the name of Gary Steinhurst.
We need our case referred to the prosecutor’s office.
We need a court date set to have the court force Kevin Oberhouse d.b.a. DIVERSIFIED GROUP LLC back to work on our foundation.
We need Mark Westcott removed from our case.
We need you to follow Ohio law.
One thing seems pretty clear. Mark Westcott either acted with malice of heart i.e. a torturous act or out of gross incompetence.
The City of Maumee needs to find out which.
Bruce Wolfe is heading and has been running the Department of Public Safety, Division of Building and Zoning in direct conflict with Ohio law. He has a proven record of either not understanding the law and his role as Chief Building Officer or simply not caring about following Ohio law.
The day-to-day S.O.P. of the office is in direct conflict with Ohio law. The day-to-day S.O.P. of the office is in direct conflict with their own website and publicly available information.
Unable or Unwilling?
The City of Maumee needs to find out which.
It has been 147 days since our permit was issued in direct conflict with Ohio law.
It has been 140 days since the first inspector visit, Mark Westcott’s first bogus inspection.
It has been 133 days since the second inspector visit, Mark Westcott’s second bogus inspection.
It has been 118 days s since the third inspector visit, Mark Westcott’s third bogus inspection.
It has been 110 days since we first phoned Bruce Wolf and asked him for help.
It has been 103 days since the second we phoned Bruce Wolf and pled to him for help.
It has been 98 days since the fourth and fifth inspector visits, when Zach Jenkins and Mark Westcott visited our home and we told them they were incompetent.
It has been 89 days since Mark Westcott wrote the fraudulent notation.
It has been 74 days since the sixth and seventh inspector visits, when Bruce finally “RED TAGGED” our foundation.
It has been 70 days since the 30-day notice was written.
It has been 32 days since the 10-day notice was written.
It has been 28 days since we received the 10-day notice.
It has been 17 days since the 10-day notice expired.
…and still we wait, in the rain, pumping water from our basement, because we just cannot seem to be able to enjoy the minimum standards of health and safety in Maumee, Ohio.
This really hurts. We are left devastated and not knowing what to do or who to turn to.
Who do we ask for help when the people we need to ask are the people hurting us the most?
What has been taken from us is incredibly heartbreaking and we fear we may never be able to get it back.
What has been taken from us by errors of both omission and of commission, some may say that some could even be called ‘tortuous acts’ on the part of The City of Maumee Department of Public Safety is ironically enough our sense of safety, our sense of safety and security, of health… all taken from us.
All we wanted to do is buy an old house in Historic Maumee, Ohio, fix it up and sit on our porch on West Broadway and watch the deer drink from the water trough in our yard.
Sit on our porch on West Broadway in a rocking chair with a glass of lemonade and watch the motorcycles, bicycles and classic cars roll by… and relax.
That was our dream, but that is now tainted with paranoia and uncertainty.
In spite of our best intentions to establish a “special relationship,” with the people at the Division of Building and Zoning immediately upon moving to The City of Maumee we find ourselves, not through our choosing, embroiled in a fight with The City of Maumee over the minimum standards for health and safety for our neighbors and ourselves.
Welcome to Maumee where you have to fight for even the minimum standards for health and safety for yourself and your neighbors.
The minimum standards!
Welcome to Maumee!
So, Monday morning April 16th and still we wait, hopeful that today will be the day that our historic home on beautiful West Broadway in Maumee, Ohio will finally be declared a public nuisance.
We never thought we would have to think that or to say that.
Our foundation is sitting under our home, and can be independently viewed and measured by anyone and everyone at anytime. (please phone ahead)
Can someone please help us?
Megan Bremer & Tim Ide
321 West Broadway St.
Maumee, Ohio 43537
(M) 419-973-2639
(T) 419-973-5125
P.S. It is time for reconciliation, time for healing and coming together.
In an effort in aiding the Division of Building and Zoning may we suggest?
Residential Code of Ohio Building Department Resource Package
https://www.com.ohio.gov/documents/2015RCOBuildingDeptResourcePack.pdf
THE END OF THE EMAIL
Again, we received no reply from any of the two time recipients to the email. NOTHING!!!
Exasperated and grasping for what to do next.
On July 27th 2018 we had yet to hear from anyone regarding the stop work orders issued on February 1st 2018 so we painted in large red letters on the front of our home “PUBLIC NUISANCE!” with the thought that there is no way the city of Maumee is going to allow the paint to remain on our home any longer than necessary. We figured the paint would be on the front of our home for a few days maximum.
As of today… It has been 420 days since we painted on the front of our home and no one from the city of Maumee has said a single word about it.
On May 1st of this year we did hear from the Maumee Division of Building, Inspection and Zoning in the form of a new two page letter outlining three ‘new’ building code violations. Again this letter denied us our constitutionally guaranteed, federally protected civil right of due process.
The return address on this letter is incorrect.
The date is incorrect five different times in this letter.
The code cited PM-304.5 has been changed in this letter to include the word “rats” in place of “rodents and other pests.”
The code cited 302.0 does not exist, but rather “302” is the Section heading for “Exterior Property Areas”.
It appears the source for the definition of 302.0 comes from within the IPMC:
“PUBLIC NUISANCE. Includes any of the following:
A.The physical condition or occupancy of any premises recorded as a public nuisance at common law;
B.Any physical condition or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including but not limited to abandoned wells, shafts, basements, excavations and unsafe fences or structures;”
The last section of the letter is very troubling. Instead of following Building Code and Ohio law, Maumee Division of Building, Inspection and Zoning inspector Andy Glenn apparently made all of this up.
“If additional time to comply is required due to hardship, then a written request for an extension must be submitted to the building Inspections Division prior to the compliance date(s) set forth within this notice. The requests for extension shall (1) explain the hardship: and (2) explain the proposed corrective action to resolve the problem: and (3) give a timetable indicating the proposed date work is to be complete. Upon receipt of the request, the zoning official will review the information contained and the applicant will be notified of his decision.”
In place of an appeal you can submit a request to your benevolent overlord ANDY and if he is feeling generous he will grant your “hardship” extension. This amounts to a total denial of due process and a disregard for the law and a fundamental misunderstanding on the part of Andy Glenn of his role and function.
Conspicuously absent is code 320.9 Defacement of property, – “No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any public or private property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.”
No one showed up to ‘inspect’ our house on May 13 2018 or 2019.
There has been absolutely no follow up to this letter whatsoever.
Believe me when I say this is no where near all of the information we have.
We have been dealing with, and not dealing with, the Maumee Division of Building, Inspection and Zoning for over two years now and they have failed us at every turn.
We have only scratched the surface.
The most troubling thing I have discovered is that every “Notices of Code Violation” sent to any Maumee resident ever has denied them of their due process. The city of Maumee has never issued a lawful notice as defined by the Ohio Building Code and the ORC and OAC. None of them contain the required legal language nor do they contain a serial number.
Record keeping? the Maumee Division of Building, Inspection and Zoning is totally inept. They take people to court and there are no notes in the public record. They claim to have done inspections with no notation. They send orders with no notations. They issue red tag / stop work orders with no notations.
We had exposed excavation trenches around our home from November 15th 2017 until early August 2019. The city of Maumee Division of Building, Inspection and Zoning notified us last year to put a fence. We said no, hoping for some code enforcement but instead they just forgot all about it until their notice in April 2019, that they also walked away from with no enforcement or follow up whatsoever.
Thank you for you time today. Please feel free to contact us for more information.
We hope and we pray that you may be able to help us with this situation.
Did we even mention that they closed our foundation permit after issuing 6 stop work orders, they did nothing for 499 days and then closed the permit due to inactivity.
In that 499 days we completed the foundation.
Sincerely,
Timothy Ide and Megan Bremer
321 West Broadway
Maumee, Ohio 43537
419-973-2639
6.35.02 PM:
Screen Shot as Councilman David Kissinger has us blocked on Twitter.
September 30, 2019 –
11.12 AM:
Email received from OBBS investigator Robert Johnson.
Re: COMPLAINT – Maumee, Ohio Division of Building, Inspection and Zoning
robert.johnson@com.state.oh.us <robert.johnson@com.state.oh.us>
Sep 30, 2019, 11:12 AM
to me
Dear Mr. Ide,
Thank you for contacting the Board of Building Standards and submitting your complaint. Your information will be provided to the Board for review and determination to table the complaint, authorize an investigation, or dismiss the complaint. The Board will notify you of their decision after their next Board meeting on October 11, 2019. Please contact the Board if you have additional questions.
Thank you.
9.19.59 PM:
Screen Shot of Toledo Blade Article on 911 consolidation.
10.59.55 PM:
Codes: Understanding the process.
11.01.25 PM:
Screen Shot of Ohio Board of Building Standards website.
321 W. Broadway Maumee, Ohio 