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:

September 20, 2010

 

RE:

1313 Haskell Avenue

 

 

 

Background

 

On March 30, 2010, Resolution No. 6879, was adopted by the City Commission to 

set the public hearing date of May 18, 2010 in accordance with the provisions of K.S.A 12-1750 et seq.

 

On May 18, 2010, the City Commission conducted the public hearing to determine if the detached single dwelling unit (principal building) and detached garage (accessory building) were structures that were unsafe and dangerous buildings.  Staff presented information contained in staff’s memo and provided pictures of the property conditions.  The owner of the property, Gregory Seibel, also spoke regarding his plans for rehabilitating the structures and the cleanup of the yard.

 

The City Commission unanimously voted to allow Mr. Seibel until October 15, 2010 to complete exterior repairs to the structures and to bring the exterior yard conditions into compliance with City code.  The Commission asked for staff to list all things that would be required to be completed by the deadline within the body of the resolution and asked that staff place the revised resolution on the consent agenda in two weeks.

 

On June 1, 2010, Resolution No. 6885 was adopted.  Staff identified fifteen repair/cleanup items that must be completed by the deadline.  Pursuant to K.S.A. 12-1753 and K.S.A 12-1755, if Mr. Seibel fails to comply by the deadline, the resolution directs the City to have the structures demolished.

 

From June 2, 2010 to August 17, 2010, staff did not have any personal contact with Mr. Seibel.  During this time period staff inspected the exterior of the property weekly and did not observe any activity to suggest work had commenced and was progressing towards compliance with the resolution.

 

On August 18, 2010, staff met with Mr. Seibel at his residence located at 911 E 13th St. to discuss a weed complaint for the property at 1313 Haskell Avenue.  Staff could easily view the structures and yard conditions of 1313 Haskell Avenue.  It was apparent to staff that Mr. Seibel had not been working on the property as the property conditions looked very comparable to the conditions that existed in May of this year.

 

To confirm staff’s opinion, staff asked Mr. Seibel if he had completed any work since the City Commission meeting on May 18, 2010.  Mr. Seibel advised he had been working 80 hours a week and had not had time to do any work. Staff asked him why he had not hired a contractor to complete the porch work.  Mr. Seibel advised he planned to do the work himself. 

 

Staff informed him that the City Commission agreed with staff requiring him to hire a licensed contractor for the work and that was clearly explained to him during the City Commission meeting.  Mr. Seibel stated, “that is still open for interpretation.”  Staff reiterated to him that the decision to require a contractor was not open for debate and that it was a requirement that must be adhered to before work could begin.  He responded by saying something to the effect of, “we’ll see.”   

 

Staff continued the conversation by informing him that the deadline for compliance was inside of 60 days and that demolition was going to be discussed at the end of his deadline. Seibel seemed indifferent about these issues.  Staff ended the conversation and has not spoken to him since.

 

On August 31, 2010, staff informed the City Manager’s Office that there had been no progress.

 

From September 1, 2010 to present, staff has inspected the exterior of the property several times a week and has yet to see any work being completed.  Furthermore, Mr. Seibel has not contacted the Plan Review staff to discuss submitting a building permit with an identified licensed city contractor. 

 

On September 14 and 20, 2010, staff took the following pictures to demonstrate the current condition of the property.

 

Next Step

 

As mentioned, the deadline for compliance is October 15, 2010.  Therefore, it is staff’s intention to bring this item back to the Commission on October 19, 2010 for further discussion.  It will be staff’s recommendation that the City move forward with the demolition of the principal building and accessory structure.