Memorandum

City of Lawrence

Planning & Development Services

 

TO:

Diane Stoddard, Interim City Manager

FROM:

Kurt Schroeder, Assistant Director, Planning & Development Services

CC:

Scott McCullough, Director Planning & Development Services

Brian Jimenez, Code Enforcement Manager

Date:

December 4, 2015

RE:

1231 Pennsylvania Street Review - Resolution No. 7113 (Unsafe and Dangerous Structures) and Resolution No. 7114 (Exterior Yard Abatement)

 

Background

On April 21, 2015, the City Commission conducted a public hearing regarding the condition of the structures and exterior premise at 1231 Pennsylvania Street.  After closing the hearing, the Commission adopted Resolution No. 7113 declaring the house and accessory structures to be dangerous and unsafe, and ordering the owner (Mr. Leon Kimball) to complete substantial structural repairs, or to raze and remove the structures, by no later than July 22, 2015; the Commission also adopted Resolution No. 7114 ordering the owner to remove accumulated debris, scrap and storage from the exterior premise by June 22, 2015.  Both resolutions directed the owner and/or his agent to reappear before the Commission if the conditions were not abated. 

 

On August 4, 2015, the Commission received an update on property conditions.  City Staff noted the owner’s steady, significant progress toward removal of accumulated bulky waste, debris, salvage materials, dead/damaged trees and several small, severely deteriorated sheds.  After reopening the public hearing and receiving testimony from the owner’s agent, Ms. Shelly Wakeman, the Commission gave the owner additional time to complete exterior cleanup and to initiate repair or demolition of the remaining structures (the house and large accessory storage structure).  Although the Commission did not set a specific deadline, Staff had recommended a 90-day extension (until early November).

 

Status of Remediation by Property Owner

Since August 4, 2015, City Staff has frequently communicated with Ms. Wakeman, and has routinely visited the property to observe progress.  Throughout August and early September, Mr. Kimball was often at the property, and continued to make progress on exterior premise cleanup.  Since mid-September, however, Staff has seen little evidence of further premise cleanup, and no indication that repairs have been made to the structures.  On September 8, 2015, Ms. Wakeman indicated in a telephone conversation with Staff that structural evaluations/estimates of repair costs had been received (at least verbally) from a couple of architects/contractors, but that Mr. Kimball was attempting to obtain at least one more evaluation (by the end of September).  As a follow-up to an email from Staff, Ms. Wakeman stated in a September 22, 2015 email that Mr. Kimball was considering sale of the property in “as is condition” as an option. 

In emails dated October 15 and October 21, 2015, Ms. Wakeman indicated she was attempting to contact Mr. Kimball in order to update a plan of action.  However, as of November 17, 2015, no status report or plan of action had been received by the City.

On November 17, 2015, Staff mailed a letter to Mr. Kimball to inform him the City Commission was tentatively scheduled to review his progress in abating conditions at 1231 Pennsylvania Street during their December 15, 2015 meeting.  The letter also requested Mr. Kimball to contact Staff as soon as possible to discuss his plans for remediation.  A courtesy copy of the letter was emailed to Mr. Kimball’s agent, Shelly Wakeman, on November 18, 2015, after discussing the case with her that same day.  

As noted above, Staff has seen little progress toward resolution since mid-September.  Although significant progress to clean the exterior premise was made prior to mid-September, as of December 3, 2015, there were still a large number of buckets and other containers in one corner of the rear yard, and debris and salvage materials leaning against and on the unenclosed front porch; the house and accessory structure still showed no evidence of attempts at stabilization or repair.  As of December 3, 2015, no updated status report or plan of action had been received from the owner or his agent.

Attached are pictures of the exterior premises showing conditions as of December 4, 2015 and as they were on January 30, 2015. 

 

Staff Recommendation

Staff recommends the owner be granted a final 60 days to remove remaining debris, scrap material and/or stored items as ordered by Resolution 7114, adopted on April 21, 2015. Failure by the owner to complete removal of these items would result in abatement by the City, with incurred costs and expenses assessed against the property. 

 

Staff recommends the owner be granted a final 60 days to initiate substantial repairs to the house and accessory structure, or to demolish and remove them. Failure by the owner to remediate the conditions as directed would result in abatement of the conditions by the City, with incurred costs and expenses assessed against the property.

 

Action Requested

1.    Per Resolution No. 7113, open a public hearing to allow the owner of the property at 1231 Pennsylvania Street to show cause why the Enforcing Officer should not be directed to raze and remove the unsafe and dangerous single family house and accessory storage building, and take appropriate action.

2.    Per Resolution No. 7114, open a public hearing to allow the owner of the property at 1231 Pennsylvania Street to show cause why the Enforcing Officer should not be directed to remove accumulated debris, scrap and storage from the exterior yard and front porch, and take appropriate action.