By John Briggs • Free Press Staff Writer • April 9, 2009

The residential portion of Ward 1, which houses many college students in sometimes ramshackle rental housing, has a parking problem.

Up and down Weston, Loomis, Isham and other streets in the Ward, the yards of house after house have been converted into parking lots, and the public greenbelts — the space between the sidewalk and the curb — into expanded muddy driveways.

Caryn Long and Sandy Wynne, both of whom say they have complained fruitlessly to the city for years, fault landlords. The absentee owners squeeze too many tenants into single-family houses turned into student tenements and ignore city rules on care of greenbelts and backyard — and, in some cases — front yard parking. But their special ire is reserved for the city’s Code Enforcement office.

The Code office, they say, has been aware for years of the parking and other Code violations in Ward 1 but has been, at best, lackadaisical in enforcement, weak in follow-through, and apparently indifferent to the concerns of permanent residents.

In addition to the aesthetic concerns — the violations make parts of the ward seem slum-like and untended — the use of yards as parking lots insures run-off pollution into Lake Champlain.

The house at the corner of Looms and N. Union Street — a house Wynne describes as “my favorite,” — had a row of cars Wednesday in its front yard. The curb in front was smashed down, and the greenbelt had become the residents’ driveway.

Beyond the parking issues, with cars and SUVs crammed into muddy, rutted backyards, many houses seem in violation of other city ordinances. A house at 55 Loomis Street, for example, has a large rental banner across it’s front offering “1-2-3-4-5BDR Apartments” with leases starting June 1. The sign was posted last year and stayed up for months, Long said. .

Long said she complained again this year when the banner reappeared and received a letter from the Code office, “with a number” indicating the complaint had been received. The letter, she said, was dated March 20. The banner was still hanging on the house Wednesday.

At 22 Loomis Street, the formerly single-lane driveway has expanded to the entire side yard of the house, and the back yard has become a parking lot. Five cars were parked there Wednesday. Three moldy mattresses lean against a building at the back of the lot.

“You’re not supposed to just throw trash in your yard,” Wynne said.

Along Weston Street, at house after house, curbs were broken down and the greenbelts turned into rutted expanded driveways.

“They park regularly in front of the door,” Long said at one house. “The greenbelt? That’s just access.”

Ed Adrian, D-Ward 1, said he hears regularly from Ward 1 residents about Code issues. “The number one ongoing constituent complaint is the inability of Code Enforcement to enforce city ordinances,” he said. “There are longstanding problems I’ve seen for myself and that I know have been brought to the attention of Code Enforcement and haven’t been resolved.”

Assistant City Attorney Gene Bergman became interim Code director on Monday. Told of the complaints from Long and Wynne, he said, “I will have to investigate and get back to you.”

Adrian said the department should make itself more visible, perhaps patrolling in police-cruiser-like cars clearly marked Code Enforcement. “Being a presence is a huge deterrent,” he said.

Beyond that, Adrian said, the Code office needs to notify owners of violations and follow through, working with them reasonably and prosecuting if necessary.

With the departure April 3 of Kathleen Butler as the director of Code Enforcement (the third director in the last five years), Adrian said the timing is ripe for change.

“I want these issues brought to the attention of the public,” he said. “I want to demand from the administration that we hire the very best Code director we possibly can. We have an opportunity to hire a director who is going to reach out and work with the community.”

Emma Mulvaney-Stanak, P-Ward 2, said she has become aware of Code Enforcement issues both through personal experience and by seeing living conditions “inside and outside” while campaigning.

As the city searches for a new Code Enforcement director, she said, it’s a good chance for councilors to learn “what is in the current city code and what should be there and “be thoughtful about how to expand (the Code office) outreach so they can be more effective.”

Adrian said the city must involve the public in the hiring of the new director, as it did in selecting Mike Schirling as police chief.

“We need a public hearing to let people come and share their frustrations with what has, or hasn’t, been going on in the Code office all these years,” Long said. “It might be a wake-up call for the city.”

Contact John Briggs at 660-1863 or This e-mail address is being protected from spam bots, you need JavaScript enabled to view it

New funding and support for lead paint enforcement in the Burlington area. Areas outside Burlington will get notices and support in the coming months.

Sorrell announces compliance plan for lead paint

November 22, 2008
Free Press Staff Report

Attorney General William Sorrell announced Friday the creation of a Burlington-based project that will focus on enforcement of the state’s laws on lead safety.
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“Far too many children with lead poisoning come from the Burlington area,” Sorrell said. “This is a serious public health problem, and yet, one that can be avoided.”

Lead even in tiny amounts can affect brain development in children.

Lead-based paint is the primary way children become exposed to the toxic substance. Lead-based paint is still found in older homes and apartments even though it hasn’t been sold since 1978. Children may be exposed when paint chips away from window sills or door frames, or during renovations when lead dust is released.

Vermont law requires that certain steps be taken — essential maintenance practices — to protect against the release of lead in rental housing construction before 1978. Annual compliance reports are required.

Beginning in January, the Attorney General’s Office will send letters to Burlington landlords whose maintenance compliance records aren’t up to date. The first round of letters will be sent to the city’s largest landlords.

“The Burlington Lead Program and the Burlington Housing Authority offer resources, both educational and financial, to Burlington area landlords that can assist them as they bring their properties into compliance,” said Brian Pine, assistant director of housing in Burlington. “In many instances these resources have gone unnoticed and unused. Hopefully, as part of this project, more landlords will take advantage of the assistance and support these groups are willing to offer.”

Landlords in communities outside Burlington can expect to receive similar mailings later in the year.

New Lead Rules to into Effect July 1, 2008
FreePress Article
BURLINGTON – New provisions that are meant to strengthen Vermont’s existing law to prevent lead poisoning law will take effect today.

New provisions apply to homes and rental properties built before 1978:
– Homeowners will be required to use lead-safe renovation, remodeling, maintenance and repair practices.
– Sellers of houses and rental properties must provide information to buyers as part of the selling process.
– Landlords and child care facilities must comply with new requirements for maintenance practices.

Lead dust is the main source of lead exposure in Vermont, and the new legislation (H. 863) will prevent and prohibit activities that create lead hazards in the soil around older homes. Nearly 70 percent of Vermont homes were built before 1978 — including 112,000 owner-occupied units and 56,000 rental housing units. The law has new requirements for landlords and child care facilities, and new enforcement authority for the Health Department.
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In 2006, nearly 2,000 Vermont children had blood lead levels at or above the level of concern established by the Vermont Department of Health, according to state statistics.

Beginning Tuesday, sellers must provide buyers with information packets and complete a disclosure form for buyers both before, and at the time of, the sale. Landlords also must provide lead education materials for new tenants. The required forms are available for download from the Health Department website at healthvermont.gov.

The law also prohibits removing paint by dry scraping, open flame burning or torching, heat guns over 1,100° F, machine sanding or grinding. Water-blasting, high-pressure washing, abrasive blasting or chemical stripping are also prohibited. Other new requirements include misting paint surfaces before scraping, and wetting paint debris before sweeping.

Landlords have new requirements relating to “essential maintenance practices” or EMPs and are encouraged to attend a free essential maintenance practices training. The training schedule can be found here.

The Health Department will continue to work with the Attorney General’s Office to ensure that Vermonters comply with the new law. Beginning Jan. 1, 2010, the Health Department will issue citations and impose civil penalties up to $400 on landlords and child care facilities that fail to comply with the essential maintenance practice requirements.

For more information on lead poisoning in Vermont and a list of lead safe practices and requirements, visit the Department of Health’s Web site.