Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Brian Jimenez, Code Enforcement Manager
CC:	Scott McCullough, Director Planning and Development Services
Date:	July 13, 2009
RE:	426 Perry St; request hearing to demolish

Background

The structure located at 426 Perry St is a vacant one story house that is one of the many properties that were owned by Norman Denton. Mr. Denton passed away many years ago and his two daughters, Jeanette Denton and Norma Jantz, have been designated as co-executors of all properties. Unfortunately, staff has experienced a significant amount of code infraction contacts over the last several years with Ms. Denton and Mrs. Jantz regarding their properties being in a blighted condition which includes the severely dilapidated house located at 617 W 4^th St.    

On October 21, 2008, a plumbing contractor working on a new single family home at 430 Perry St decided to enter the house and photograph the severity of the interior conditions as he was aware the property was owned by the Denton family.  On October 22^nd, staff received the pictures via email for review.  After reviewing the pictures and visiting the site, it was staff’s opinion that the structure appeared to be in a similar state of disrepair as 617 W 4^th St.    

Staff spoke with Ms. Denton on several occasions over the next few months to discuss her intentions regarding 426 Perry St.  Ms. Denton repeatedly told staff she could only handle one problem at a time and she was focused on the rehabilitation of 617 W. 4^th St.  Staff was led to believe that Ms. Denton had no intentions to rehabilitate the house and demolishing the house or selling the property were the two most likely options.  Staff informed Ms. Denton and her attorney, Daryl Graves that staff would proceed with a resolution to remove the structure if the structure was not removed by spring time. 

At the request of Mr. Graves; staff attended a meeting on March 6^th with Ms. Denton to discuss the progress being made regarding the rehabilitation of 617 W 4^th and the plan of action for 426 Perry St.  Mr. Graves informed staff he had convinced Ms. Denton that selling the 426 Perry St. property was the logical thing to do and the financial proceeds should be applied to the rehabilitation of 617 W. 4 ^th St.  Regrettably, a few weeks later Mr. Graves informed staff that Ms. Denton had terminated his services for all legal matters involving her properties except for 617 W. 4^th St.  Mr. Graves further stated Ms. Denton had informed him that she had decided to not sell 426 Perry St as she believed he was not looking out for her best interests.  Staff confirmed her decision during a discussion with her on March 30^th as she stated her plans were to now demolish the house within a couple of weeks.  Staff has been unable to reach Ms. Denton since that date and Development Services has not received a demolition permit application.

Staff researched building permits records and determined the house was moved to Perry St. in 1958.  Staff located one additional permit for the property which was identified as a plumbing permit obtained in 1964.  It is staff’s opinion that the house has never been used as a habitable dwelling unit.   

To determine the full scope of the structure’s deterioration, staff submitted an affidavit for a search warrant with the District Court of Douglas County, Kansas.  On April 15^th, 2009, staff obtained a search warrant signed by Judge Fairchild.  On April 16^th, staff executed the warrant and completed an exterior and interior inspection of the property.

Inspection Results

Roof

• The south slope of the roof is in very poor condition. 
• There is a large hole in the roof allowing all weather elements into the structure.
• The roof is severely bowed at the termination point of the roof as rafters and the roof sheathing is rotted beyond repair.
• The southwest corner is currently being held up by a makeshift support post.
• Several large tree branches have fallen on roof and remain there.

Interior

• Below the hole in roof is a substantial amount of mold growing due to water infiltration.
• In the middle of the house, the floor is not finished where it appeared a bathroom was located at one time.  The floor joists are exposed as is the basement.  The floor joists, sill plate for load bearing wall, other non-load bearing wall members, and ceiling members at this location are severely deteriorated.
• Structural (ceiling) members near the kitchen are severely deteriorated.
• Steps leading to basement are not finished supporting staff’s opinion that the house has never been used as a functional dwelling unit. 
• There is significant wood rot to the floor and to the roof rafters.
• Significant mold growing on numerous walls throughout the structure.

Basement

• Basement is full of junk, trash and other miscellaneous items that appear to be of no worth. 
• Due to safety concerns staff was unable to complete full inspection of the basement.
• Several floor joists were viewed as being severely compromised due to the notching of the joists to allow for duct runs.
• Electrical panel has frayed/ cut wiring and does not appear to have had active service for a very long period of time.  The panel was manufactured by Federal Pacific sometime in the late 50’s to early 60’s.

Exterior

• Rotted soffits on all sides of structure.
• Miscellaneous debris located at east entry.
• Rotted living room window on north side of structure.
• Flat roof to garage severely deteriorated which includes a large hole.
• Garage walls and garage door rotted.

Staff’s Recommendation

The structure is in such a severe state of disrepair that the structure is unsafe and/or dangerous and demolishing the structure is the only viable option considering the circumstances regarding the ownership.  Ms. Denton and Mrs. Jantz have repeatedly demonstrated that they are unwilling or unable to obtain the financial resources to successfully rehabilitate the house located at 617 W 4^th St. Staff recently learned the contractor has not been paid for his services and has abandoned the project as of May 1st.   Therefore, it is staff’s opinion that it’s highly improbable that 426 Perry St. will ever become compliant with all applicable city codes under the ownership of Ms. Denton and Mrs. Jantz.  Pictures are attached for review. 

Action Requested

Staff is requesting the City Commission to set a hearing pursuant to K.S.A. 12-1750 et. seq. to hear from the owner, the owner’s agent, or any lienholder to show cause why such structure should not be demolished.