Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Brian Jimenez, Code Enforcement Manager

 

CC:

Scott McCullough, Director Planning & Development Services

 

Date:

July 19, 2010

 

RE:

214 N. 6th - abatement of exterior yard violations

 

 

History

The property is owned and occupied by longtime resident Calvin F. Bryan.  

 

Staff has documented a history of non-compliance regarding blighted conditions at the property as Mr. Bryan routinely keeps his exterior yard conditions in violation of the Environmental Code. Furthermore, Mr. Bryan’s truck which has a camper shell is completely full of miscellaneous items.  Mr. Bryan sees value in all of the items stored throughout his property, continues to add items to the yard and believes he can store whatever he likes in his yard.

 

Staff would like to have contacted a relative or a friend of Mr. Bryan to find him assistance with the clean up of the property but he has refused to provide staff with any personal information for family members or other people who could assist him.  

 

Our most recent inspection was the result of a neighbor complaint regarding the back yard conditions.  The inspection revealed the property is in a blighted condition as the front, side and rear yards have a significant amount of items strewn and stored throughout the property.  Items include, but are not limited to, indoor furniture, wood products, appliances, plastic products, discarded bicycles and many other unknown items which are stored underneath tarps and/or cloths.  The rear yard is by far the most problematic area and the neighbor states the smell omitting from the rear yard is often very noticeable. The attached pictures, (taken on 04/07/10 and 07/19/10) which were taken from the City right-of-way and adjacent properties, clearly show the severity of the violations.

 

A notice of violation was hand delivered to Mr. Bryan on April 7, 2010.  At that time, Mr. Bryan advised staff that no one was going to remove any of the items from the property. Staff informed him of the process to abate the yard conditions if he failed to clean the entire property.  Mr. Bryan did not seek to exercise his right to request a hearing within 15 days of the notice of violation. 

 

A follow up inspection on April 22, 2010 confirmed that Mr. Bryan had taken no steps towards resolving the violations. Staff contacted Mr. Bryan on April 26, 2010 at which time Mr. Bryan advised his son would help him clean the property over the next few months and he would have a garage sale to assist in the clean up.  Between April 27, 2010 and July 18, 2010 staff visited the site numerous times to encourage Mr. Bryan in his endeavor but did not see any improvements.  In addition, staff attempted to find an agency that would assist Mr. Bryan but was unsuccessful in locating an agency that could provide the manpower, time and financial resources to complete the clean up.

 

On July 19, 2010, staff re-contacted Mr. Bryan at the property and was once again advised his only problem was the City telling him what to do.  Mr. Bryan stated he was old fashioned and did not see any issues in what he was doing.  He did state that his house was also full of junk and he informed staff that he collects all of the items from dumpsters throughout the City.  On this date, staff observed the front yard to be in the same condition as previously observed and his truck was completely full of junk except for the driver’s seat area.  Furthermore, the rear yard is severely overgrown which has created the need to clear brush, trees, weeds, etc. to successfully remove the items strewn throughout the yard.

 

Action Requested

It is staff’s recommendation that the abatement provisions outlined in section 9-609 of the Environmental Code should be the next step in enforcement. Staff believes abating the conditions is the only prudent option to consider at this time as its staff’s opinion that the property’s yard conditions which most likely includes an infestation of rodents and rotting items will continue to worsen now that the heat of the summer has arrived.

 

Staff is requesting that the City Commission adopt Resolution No. 6886, authorizing staff to abate the conditions causing the violation at the end of twenty (20) days after the passage of the resolution.