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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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Adopt Resolution No. 7189, setting a hearing date of February 21, 2017 for the City Commission to hear the appeal initiated by Chris Black, agent of property owner, Sunrise Green, LLC, regarding the alleged nuisance condition cited by Staff on January 5, 2017 for the use of a wood-fired furnace located at 1501 Learnard Avenue. The City Commission will hold the hearing to determine if the smoke omitting from the wood-fired furnace constitutes a nuisance as cited and defined in section 9-201 of the City Code. |
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Executive Summary: |
On January 5, 2017, staff mailed Sunrise Green, LLC and Mr. Black a Notice of a Nuisance letter advising that the use of the wood-fired furnace located on the property had created a nuisance violation of the City Code, Chapter 9, Article 2 (Health and Sanitation), 9-201 Nuisances Defined; Prohibited. In accordance with code section 9-203(B), staff advised Sunrise Green, LLC and Mr. Black that the use of the furnace must cease by January 15, 2017, a time to not exceed ten (10) days.
Section 9-201 (Nuisances Defined; Prohibited) states:
It shall be unlawful for any person to permit, cause, keep or maintain any nuisance, or cause to be committed, caused, kept or maintained any nuisance within the City. Anything dangerous to human health, or anything that renders the ground, the water, the air or food hazardous or injurious to human health is hereby deemed and declared to be a nuisance.
On January 10, 2017, per section 9-203(B), Mr. Black exercised the right to request a hearing before the City Commission.
Staff believes the furnace is creating a nuisance condition for the adjacent neighborhood based on the amount of particulate being exhausted from the furnace and its close proximity to the nearby homes. A full packet of information will be presented to the City Commission for the February 21 hearing. |
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Strategic Goal Area: |
N/A |
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Fiscal Impact (Amount/Source): |
If staff’s notice is upheld at the conclusion of the hearing and the City abates or removes the nuisance, the City would expend funds to abate, but may recover the cost of such removal or abatement and the costs shall be collected in the manner provided in K.S.A 12-1, 115 and amendments thereto or shall be assessed and charged against the lot or parcel of ground on which the nuisance is located. |
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Attachments: |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |