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:	September 10, 2009
RE:	617 W. 4^th Street

This memorandum is intended to provide additional information regarding the current condition of the structure located at 617 W 4^th St.  After revisiting the property on September 2^nd and considering the totality of the circumstances regarding the condition of the property; it is staff’s opinion that the structure in its current condition remains an unsafe and dangerous structure.

The licensed contractor (Michael Downs) who was hired to perform the rehabilitation work did complete foundation work on the west side and southwest corner; however, the rotted flooring and floor joists located at the east door entry have not been replaced and there are large openings which expose the crawl space below. There is a relatively new exterior door at this location but it’s not secure as the door lock has been broken.  A significant safety concern is the structure is and will continue to be a potential target for unauthorized entry by transients and/or children. 

Other immediate safety concerns consist of the approximate 6 square foot hole located in the floor of the 2^nd floor north bedroom that a person could easily fall through.  Additionally, the 1^st and 2^nd floors of the section of the house on the west side are not complete and only have unsecured plywood lying sporadically over the floor joists.

Although the severely deteriorated roof (north slope) has been repaired, the roof of the west slope and a partial area of the roof ridge to the south have not been repaired and is allowing rain to easily enter the structure.  There is a significant amount of mold now growing on the ceiling of the 2^nd floor landing. It appears that a black tarp had been placed on the roof by the contractor to prevent weather infiltration but over the course of the last few months it has become dislodged.

It is reasonable to conclude that if work had continued to move foward the remaining unsafe conditions of the roof would have been appropriately repaired which would have most likely required additional framing to occur as the previous roof work required structural deficiencies to be addressed.  The current condition of the roof will accelerate the rate of further decline and create additional unsafe conditions.

In addition to the roof conditions, the exterior walls are in need of significant repairs.  The west exterior wall of the first floor is not completely enclosed and only has sheathing applied in an attempt to protect the interior of the structure.  There is an approximately six to eight inch opening along the width of the living room wall.  In addition to this opening, there is a similar opening located on the north wall of the second floor that spans the width of the structure.  The majority of the east elevation is missing all of the siding.

During a visit to the property on August 31^st, staff encountered a feral cat along with a  small possum exiting the unsecure first floor window opening on the west side of the structure.  On a second visit to the property on September 2^nd, staff spoke with the neighboring  tenants and was advised that cats, raccoons and other animals come and go as they please due to the unsecure and vacant structure.  Staff once again observed an animal (kitten) exiting the west side window opening during this visit.

Staff acknowledges there have been successful repairs made to address structural integrity issues that were identified as major concerns during the initial inspection.  Nonetheless, even with those repairs completed, the structure is not close to becoming code compliant in order for  human occupancy to legally occur.  The structure is in need of substantial work with significant costs which includes, but is not limited to, the following:

· All new plumbing installed.

· All new mechanical equipment (HVAC) installed.

· All new electrical wiring/electric meter installed.

· Additional wood framing (walls, roof, floor)

· Insulation/sheetrock installed.

· Sheathing/Siding installed, exterior prepped and painted.

· Windows installed.

· Sinks, toilets, tubs and faucets installed.

· Light fixtures installed.

· Front Porch and roof rebuilt.

· Carpet, tile, wood flooring installed.

· Roof work completed.

· All interior trim work completed.

· Any other unforeseen problem that might arise.

A review of the permit inspection history for the structure indicates that the only scheduled inspection occurred on March 30, 2009.  The inspection consisted of a “partial” inspection of the foundation and roof.  The inspection was approved with exception as further inspections would be required as progress continued.  As a result of that inspection, the permit expires on September 26, 2009. 

It’s important to note the following dates which supports the City’s willingness to facilitate the rehabilitation of the structure  as well as the owner’s inability to remain committed to the completion of the project.

From 2002 to Present – staff has been actively seeking code compliance regarding various exterior violations.

On September 5, 2008, staff executed a search warrant to inspect the structure and presented those findings to the City Commission on November 11, 2008.

On September 16, 2008, the City Commission adopted Resolution No. 6801 setting a public hearing date of November 11, 2008 for the discussion of the conditions of the structure.

On September 18, 2008, the Historic Resources Commission voted unanimously, 6-0, to approve the demolition of the structure as City staff (Lynne Zollner) had determined the structure was so deteriorated there was no longer historic character in the home.

On November 11, 2008, the City Commission adopted Resolution No. 6813 which declared the structure as unsafe and dangerous and ordered the repair or removal of the structure to be on or before December 12, 2008.  Attorney Daryl Graves who represented the owner asked the commission for 60 days to allow for him to obtain bids to see if it was feasible to rehabilitate the structure.  The Commission agreed to allow for 30 days to determine if the repairs would be made and set a follow up date of  December 16, 2009.

On December 16, 2008, staff provided the Commission an update that indicated staff had received only a few minor documents to demonstrate the rehabilitation was going to occur. Staff advised the Commission the documents received were not adequate to determine if the rehabilitation would occur. The Commission decided to give the owner 30 days to obtain a building permit.

On January 20, 2009, staff provided the Commission an update regarding the documents received to date that indicated some repairs would begin to be completed within a short period of time but that no building permit application had been received.  The Commission unanimously decided that there was no significant progress made towards completing the directive given on December 16, 2008, therefore the structure was ordered to be demolished.

On January 23, 2009, staff was contacted by Daryl Graves who advised he has obtained a licensed contractor for the project and he was confident he could oversee the structure being successfully rehabilitated. 

On February 10, 2009, staff presented an update to the Commission regarding the hired contractor information and the Commission agreed to allow for the permit to be issued.

On February 11, 2009, Michael Downs (contractor) obtained a building permit.

On February 18, 2009, staff provided the Commission the first update on progress made to date.

On March 17, 2009, provided a second update and advised that work had stopped as Michael Downs had not been paid for his services to date.

On March 18, 2009, staff verified that Michael Downs had been paid and he and his staff resumed work on the project.

On March 30, 2009, staff performed the only scheduled inspection of the structure for the framing and foundation work completed to date.  The inspection with approved with exceptions as the inspection focused on only a certain area of the both the foundation and roof.  Subsequent inspections would have completed the inspection process for those two areas along with the rest of the structure.

On April 3, 2009, staff provided a third update which identified that the foundation and roof was in the process of being repaired.

On May 4, 2009, Michael Downs advised staff he had abandoned the project as Jeanette Denton had once again failed to pay him for materials purchased and for work hours performed.

Since May 4, 2009, staff has verified there has been no additional work completed and provided a fourth update to the Commission on May 13^th stating such.  

Additional staff actions from May 13^th to August 27^th are provided in the attached memorandum dated August 27, 2009.  As indicated in the memorandum, staff had a meeting with Jeanette Denton and Norma Jantz on June 15th to discuss the stoppage of work by the contractor and to discuss their concerns of being overcharged for work performed to date.  At the conclusion of the meeting the sisters stated they would be hiring a new contractor to finish the job as they could not reach an agreement with Michael Downs. 

Since that meeting, they have failed to move forward with the rehabilitation and have made no attempt to contact staff to discuss their intentions of hiring a new contractor. It is important to note that a new contractor will be required to submit a new building permit application as the current building permit was issued to Michael Downs and not to the owners.  

Recommendation

Staff believes the summary provided clearly demonstrates the structure is unsafe and dangerous.  Additionally, the detailed chronology illustrates the property owners’ inability to successfully repair the structure as the City Commission directed on November 11, 2008 by adopting Resolution No.  6813.

Therefore, staff requests this matter be placed on the September 15^th City Commission agenda for review and for the Commission to consider the following possible resolutions:

· Order the completion of the rehabilitation of the structure or removal of the structure by September 26^th. 

· Order the owners to obtain the services of a new contractor by September 26^th or the City will proceed with the removal of the structure.

· Discuss the possibility of requiring the owners to provide the financial resources required to complete the rehabilitation into an escrow account with the City in order for the City to ensure the rehabilitation is completed.