Memorandum
City of Lawrence
Planning & Development Services
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TO: |
Thomas M. Markus, City Manager |
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FROM: |
Kurt Schroeder, Assistant Director, Planning & Development Services |
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CC: |
Diane Stoddard, Assistant City Manager Scott McCullough, Director Planning & Development Services Brian Jimenez, Code Enforcement Manager |
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DATE: |
June 9, 2016 |
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RE: |
1231 Pennsylvania Street repair or removal of unsafe or dangerous structures - June 21, 2016 public hearing and resolution |
Background
On May 3, 2016, the City Commission adopted Resolution No. 7160, which set a public hearing date of June 21, 2016 to hear testimony and consider condemning as dangerous or unsafe the vacant one-story house and large accessory structure at 1231 Pennsylvania Street, and to consider ordering the structures to be repaired or demolished. Due to the number of City Commission reviews and granted extensions since the original April 21, 2015 public hearing regarding the dangerous or unsafe condition of these structures, Resolution No. 7160 was presented for adoption based on advice of the City Attorney. An April 20, 2016 staff memorandum provided extensive background information and history in support of Resolution No. 7160.
On May 3, 2016, the City Commission also adopted Resolution No. 7161 (replacing prior Resolution No. 7114) that directed the Enforcing Officer to remove remaining debris, scrap, salvage materials and other scattered items from the exterior premise if the owner fails to remove by July 22, 2016, with incurred costs and expenses assessed against the property. No further action Commission is required or requested in regard to Resolution No. 7161.
Status of Remediation by Property Owner
Since adoption of Resolution 7160, staff have communicated with the property owner, Leon Kimball, and his representative, Attorney Shelly Wakeman, several times, and have routinely visited the property to observe progress. As of June 7, 2016, there had been no apparent repairs made to the structures, and no permit applications had been filed with Development Services for repair or demolition of the structures. The owner has continued to remove debris, scrap materials and other scattered items from the rear yard area, and fencing and gates have been maintained and kept secured. Attached are pictures of the property as of June 7, 2016, and on January 30, 2015.
Ms. Wakeman has previously informed staff that several people had expressed interest in buying the property, although no written purchase offers had been received. Ms. Wakeman has also stated that the owner and she have contacted local real estate agents to obtain input on how to best market the property; however, per Ms. Wakeman, no listing agreement had been executed as of June 7, 2016.
Hearing Notice to Owner
A May 6, 2016 letter from staff to the property owner and Ms. Wakeman informed them of the June 21, 2016 City Commission hearing and included copies of adopted Resolution No. 7160. Ms. Wakeman was also notified of the June 21, 2016 hearing by telephone and email.
Staff Recommendation
Staff recommends that the Commission adopt Resolution No. 7166 declaring the house and accessory structure at 1231 Pennsylvania Street to be dangerous and unsafe, and directing the Enforcing Officer to demolish and remove the structures if the owner fails to substantially repair or demolish and remove them by August 22, 2016, with incurred costs and expenses assessed against the property.
Action Requested
Conduct a public hearing and adopt Resolution No. 7166 declaring the house and accessory structure located on the property at 1231 Pennsylvania Street to be dangerous or unsafe, and ordering the property owner to commence and complete substantial repairs to the structures or to remove the structures by August 22, 2016, if appropriate.