Memorandum

City of Lawrence

Planning & Development Services

 

TO:

Scott McCullough, Director Planning and Development Services

 

FROM:

Brian Jimenez, Code Enforcement Manager

 

CC:

Margene Swarts, Assistant Director Development Services

 

Date:

September 11, 2008

 

RE:

617 W. 4th St.

 

 

 

Background

 

The Code Enforcement Division has been actively pursuing code compliance at the property for a significant period of time.  The property owner identified by the Douglas County Register of Deeds Office is Norman Denton with attention directed to Jeanette Denton.  Norman died several years ago and all of our correspondence to correct the code violations at the property have been with his two daughters, which are the only relation that staff has been able to identify.   The daughters, Norma Jantz and Jeanette Denton, have indicated in conversations that they do not have a plan for making any repairs and further stated they do not have the financial means to begin repairs.  It is staff’s opinion that the structure is in such a state of disrepair that the structure is uninhabitable and is unsafe in its current condition.  It is staff’s professional opinion the structure must be demolished unless there are significant repairs completed. 

 

The property is located in the historic environs. Lynne Zollner, Historic Resource Administrator, asked staff to inspect the interior to provide a complete scope of deterioration to support staff’s opinion that the structure should be demolished and to be able to present these findings to the Historic Resources Committee for their approval. 

 

Norma Jantz and Jeanette Denton denied staff’s request for a consent inspection of the property.  As a result of their denial to inspect, staff obtained a search warrant with the District Court of Douglas County, Kansas on September 3rd, 2008.  On September 5th at 10:00 am, staff executed the warrant.

 

 

 

 

 

 

 

Results of Exterior Inspection

 

Foundation

 

A major concern regarding the exterior foundation are the trees that have been allowed to grow to a mature size against the foundation walls which are constructed of native limestone and brick.  The trees have greatly contributed to the foundation walls buckling, leaning and failing.  Additionally, the location of the trees have contributed to the leaning and buckling of the respective load bearing exterior walls and their structural members.  The east foundation wall is in a complete state of failure as a section of the south and east exterior walls are not supported.  It appears over time there have been attempts to replace stone in the gaps of the foundation in a futile effort to slow the rate of failure. 

 

The west foundation wall and part of the south foundation wall are constructed of brick.  The walls are in complete failure as there is a tree growing from underneath the wall and there are bricks lying in a pile underneath the south wall which supports the severity of the conditions.  Two sheets of plywood were propped against the south wall to possibly prevent rodents from entering the crawl space. 

 

To become code compliant, the existing foundation would be required to be excavated and a new foundation would need to be constructed.

 

Front Porch

 

The floor of the porch is failing as approximately 50% of the floor area is considerably weak and portions of the floor have completely deteriorated to the point where boards are coming apart due to rot upon weight being applied to them.  The structural members of the porch roof are rotted as well as the fascia boards.  The shingles of the roof are in a similar condition of deterioration and have allowed water infiltration into the framing which has contributed in the rotting of the structural members.  The porch would need to be completely reconstructed.

 

Roof

 

The north slope of the roof has an extremely large opening.  There have been futile attempts to add shingles and a tarp to slow deterioration but the roof is beyond saving at this location.  It is reasonable to conclude that the rest of the roof would need to be replaced due to the condition of all of the shingles and the water infiltration observed during the interior inspection.

 

East Wall

 

The east side of structure has several areas of missing siding resulting in water infiltration and the subsequent rotting of fascia board and siding.  The majority of the siding would need to be replaced as well as load bearing structural members.

 

 

West Wall

 

As previously mentioned, the foundation wall has completely failed at this location.  The wall is separating from the other two adjacent walls as a result of the foundation failure combined with the above mentioned tree growing from underneath the wall. 

 

Results of Interior Inspection

 

1st Floor, Northwest room

 

The room was completely full of miscellaneous wood products which appear to have been located there for quite some time.  There was a large amount of black mold on the ceiling and walls.  A complete rebuild of this room would be required.

 

1st Floor, Northeast room

 

This room is located directly below the roof where there is the most widespread dilapidation has occurred.  The majority of the ceiling of the room has failed as a result of water infiltration.  This room has a similar amount of storage as the northwest room and is experiencing an excessive amount of mold growth.

 

1st Floor, Kitchen

 

The kitchen is located on the southwest corner of the house and is directly above the brick foundation that has failed on the west side of the house.  This room is sloping significantly to the west which is a result of the failed foundation.  The west wall has experienced substantial water infiltration. 

 

1st Floor, Center Hallway

 

The hallway has similar wood products strewn about.  The ceiling and walls show black mold which supports the entire first floor being exposed to water.  

 

East Entry

 

The entry way floor is rotted and is very weak in all locations.  There is a hole at the door threshold exposing the crawl space below.  The ceiling of the entry is in the process of failing and the ceiling covering is partially collapsed suggesting significant water infiltration.

 

2nd Floor, Northeast room

 

This room has experienced the most significant damage as a result of the large opening in the roof.  The roof structural members are rotted as are the load bearing wall structural members.  The severe deterioration is widespread and covers the entire north wall of the room.  The roof, exterior walls and floor will continue to deteriorate at a very rapid rate.  This area is of a major concern from a structural integrity stand point.  It is very likely that the exterior walls and floor of this room will fail at some point as the roof condition continues to worsen. 

 

2nd Floor, Northwest room

 

The room shows similar damage as the 2nd floor northeast room but is not yet showing the rate of deterioration the northeast room is experiencing.  The wall and roof coverings are falling off as result of the water infiltration.  The room has a significant amount of black mold.

 

2nd Floor, bathroom

 

The bathroom is located on the southwest corner of the house.  The ceiling is beginning to fail and shows damage from water infiltration. 

 

Code Criteria

 

The Property Maintenance Code, Section 110 (Demolition) provides code language for the code official to abide by when determining whether a structure should be demolished.  Section 110.1 (General) states the following:

 

The code official shall order the owner of any premises upon which is located any structure, in which in the code official’s judgment is so old, dilapidated, or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy and such  that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of  being made safe by repairs, to repair and make safe and sanitary or to demolish and remove at owner’s option; or where there has been a cessation of normal construction or any structure for  a period of more than two years, to demolish and remove such structure.

 

I believe the structure is unsafe and dangerous in its current condition and is a detriment to the welfare of the surrounding neighborhood.  I do not believe the structure is on the verge of immediate collapse; however, at the rate of deterioration the structure is experiencing it is reasonable to conclude that partial or complete failure of the structural members will be the end result if the structure is left in its current condition without many significant repairs.  

 

It is my opinion the structure meets the criteria listed within the code section for demolition of the structure.  It is my judgment the structure is so old, dilapidated and has become so out of repair that the structure is dangerous, unsafe, insanitary and unfit for human habitation.     Pictures will be provided for review.

 

Action Requested

 

Declare the structure to be an unsafe structure and order the demolition of structure if repairs are not completed to bring the structure into compliance with all applicable codes of the City of Lawrence.