Memorandum

City of Lawrence

Planning and Development Services Department

 

TO:

David L. Corliss, City Manager    

 

THRU:

Scott McCullough, Planning and Development Services Director

 

FROM:

Dan Johnson, Code Enforcement Officer

 

Date:

July 12, 2010

 

RE:

4700 Broadway Drive

 

 

The referenced property has been inspected by Code Enforcement staff and has been found to be in violation of Environmental Code Section 9-606.1(D) (Dead or substantially dead trees). The property has one large dead Cottonwood tree in the rear yard and one dead/diseased Pine tree in the side yard.   Parks and Recreation Forestry staff visited the site and confirmed the Cottonwood was dead and the Pine was dying.

 

The property is vacant and was previously occupied by the current owner of record, Lawrence and Lisa Zink.  Mr. Zink has informed staff that he no longer has any interest in the property as the house is in the process of being foreclosed by Capitol Federal. Staff has contacted Jeff Bush with Capitol Federal and was advised the bank was not in control of the property.  Due to the lengthy foreclosure process it is likely the property will not have a new owner resident for quite some time. 

 

During the Fourth of July weekend, the Cottonwood lost a good size limb due to high winds from a thunder storm.  The proximity of the tree to the houses at 4700 and 4704 Broadway Dr. creates an immediate hazard.  In an effort to eliminate the imminent danger and damage to property, I am requesting that Resolution No. 6895 be adopted declaring the property environmentally blighted and ordering the property owner to remove the violations within 20 days as required per code.  Should the property owner fail to remove the trees, the City will contract to have the trees removed and those expenses incurred will be the responsibility of the property owner of record.

 

A brief chronology of recent contact is as follows:

 

May 28, 2010    Inspected and observed a large dead Cottonwood tree in the rear yard and a dead Pine tree in the side yard.  Sent a courtesy letter to the owner at the address of 4700 Broadway Dr.

 

June 22, 2010    Inspected and observed no changes.  Notice of Violation was mailed to 4700 Broadway Dr. as well as a second address identified through the City water billing records.

 

July 8, 2010      Inspected and observed no changes. Staff contacted Mr. Zink by telephone and he advised staff the property ownership was now in Capitol Federal’s hands and he is no longer the owner of record.

 

Staff contacted Jeff Blush with Capitol Federal and was advised the bank was not in control of the property.  Staff explained that the owner had no plans of returning to the house or cutting down the trees and that the Cottonwood tree was an immediate hazard and could cause damage to the houses at 4700 and 4704 Broadway Dr.  Mr. Bush advised he was unsure if the bank could do anything but he would check.  Staff has yet to hear back from Mr. Bush regarding the bank’s position.

 

Attached are pictures of the subject property.  Please let me know if you have questions concerning this.  Thank you.