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CITY COMMISSION AGENDA ITEM |
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Department: |
Planning & Development Services |
Commission Meeting Date: February 7, 2017 |
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Staff Contact: |
Brian Jimenez, Code Enforcement Manager |
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Recommendations/Options/Action Requested: |
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Conduct a public hearing regarding the vacant single-family structure at 1305 New Jersey Street. Staff recommends that the City Commission adopt Resolution No. 7183, declaring the structure to be unsafe and dangerous and directing staff to demolish and remove the structure if the owner fails to substantially repair or demolish and remove the structure by March 3, 2017, with incurred costs and expenses assessed against the property. |
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Executive Summary: |
On December 6, 2016, the City Commission adopted Resolution No. 7180 setting a public hearing date of February 7, 2017, at which time any person having an interest in the property may appear and show cause why the structure should not be condemned as an unsafe and dangerous structure and ordered repaired or demolished.
Background The one story structure has been vacant for many years and is in an advanced state of dilapidation. Staff has been informed that the house is in foreclosure as the owner of record has forfeited the property to the mortgage company through bankruptcy court proceedings.
On November 8, 2016, staff executed an administrative search warrant to determine the full scope of deterioration. Upon inspection, staff concluded the house is uninhabitable, unsafe and is a “blighting influence” as that term is defined in K.S.A. 12-1750(d) et seq. from many years of neglect. Some of the significant concerns observed include the following: · The masonry foundation is crumbling and has collapsed in several locations. · The front porch has substantial wood rot in the porch walls, support posts and roof structure. · The roof of the house has tarps covering a large portion of it, and there is exposed, rotted roof framing and sheathing. It is apparent the roof is failing in many areas, and the interior of the house is open to the elements through the roof in several areas. · There are weak and uneven floors throughout the structure suggesting substantial wood rot with possible widespread termite damage. · The house does not have functioning plumbing, mechanical or electrical systems. · The chimney is in poor condition and is leaning. · A large tree has fallen in the rear yard and needs to be removed.
An additional concern is that the house has apparently been used by transients for sleeping and/or living purposes. Staff has observed boards removed from window openings and open exterior doors during follow-up inspections and has had to secure the structure on several occasions.
On November 11, 2016, the Lawrence-Douglas County Fire & Medical responded to a fire that originated on the west side of the structure. The fire was quickly extinguished but did create additional damage to the already dilapidated roof and walls.
Since the adoption of Resolution No. 7180, staff has visited the site weekly and has verified there has been no action taken to improve the structure. Furthermore, staff has not been contacted by a responsible person who has control of the property. Due to these facts, it is staff’s recommendation that the City proceed with the demolition of the structure if the owner fails to substantially repair or demolish and remove the structure by March 3, 2017. |
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Strategic Goal Area: |
N/A |
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Fiscal Impact (Amount/Source): |
If the owner fails to repair or demolish the property as ordered, there would be costs incurred by the City to demolish and remove the structure. A lien for the cost of demolition and removal would be assessed against the property in accordance with K.S.A. 40-3901 et. seq. |
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Attachments: |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |