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CITY COMMISSION AGENDA ITEM |
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Department: |
Planning & Development Services |
Commission Meeting Date: March 21, 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 to consider adoption of Resolution No. 7195, which requires the property owner of 1728 Barker Avenue to abate the cited Property Maintenance Code (PMC) violations within 20 days of adoption, and further directs City staff to abate the violations if the owner fails to abate as ordered. |
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Executive Summary: |
The subject property is a single story detached house and the owner of record is Stanley Ross. Over the course of many years, staff has received periodic neighbor complaints regarding Mr. Ross’s storing of miscellaneous items within the driveway and front yard and the parking of inoperable vehicles on the driveway. Staff issued Mr. Ross a Notice and Order letter to abate the violations cited. Mr. Ross had the opportunity to appeal the Notice and Order issued by staff but he did not exercise that right.
Staff has attempted to work with Mr. Ross to bring the property into compliance without success. His failure to bring the property into compliance resulted in staff filing a complaint through Municipal Court in June of 2016 for violation of sections 302.10 and 302.8 of the (PMC) which state the following:
Section 302.10 (Exterior Property Storage)
No person shall allow on any yard, any porch (unenclosed), deck or balcony, or any other exterior property area of a premises, any of the following items, or an accumulation hereof: garbage, rubbish, bulky waste, salvage materials, tree waste, household appliances, vehicle parts, plumbing fixtures or similar items that are not manufactured and intended for storage within a yard, porch (unenclosed), deck or balcony, unless otherwise allowed by the City’s Land Development Code.
It is important to note that there are exceptions identified within this code section to allow exterior storage but it is Staff’s opinion the items identified are not applicable in this case as the exceptions specifically relate to neatly stacked firewood, construction and landscape materials being actively used and other exterior storage that is permitted as an accessory use in certain non-residential zoning districts.
Section 302.8 (Motor Vehicles)
Except as provided for in other regulations, no vehicle, inoperable, or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of disassembly, disrepair, or in the process of being stripped or dismantled. All motor vehicles must be parked on a legal driveway constructed with materials pursuant to Article 9 of the City’s Land Development Code.
On December 1, 2016, Mr. Ross pled guilty in municipal court for being in violation of the identified code sections of the PMC. As a result of this plea, Mr. Ross was placed on probation and was given the opportunity to abate the violations. Unfortunately, Mr. Ross has failed to remediate the violations. Consequently, staff has asked the city prosecutor to seek the revocation of Mr. Ross’s probation. When revoked, Mr. Ross’s suspended jail time will most likely be re-instated.
In summary, staff believes the continuous violations of Sections 302.10 and 302.8 of the PMC are a blighting influence to other properties within the neighborhood resulting in a negative impact for neighboring property owners/tenants to their right to peaceful enjoyment of their property. In addition, these blighted driveway/yard conditions have a potential negative impact on adjacent properties when such properties are listed for sale.
Staff has provided Mr. Ross numerous opportunities to bring the property into compliance. Mr. Ross’s documented inability and/or unwillingness to remediate the code violations supports staff’s initiation of the abatement resolution to resolve the code violations.
Staff recommends the City Commission adopt Resolution No. 7195 which will require Mr. Ross to remove all items that are not manufactured and intended for storage within the yard, porch, balcony, or any other exterior property area of the premises and the inoperable vehicle by no later than April 10, 2017. Staff will initiate the abatement of the violations if he fails to bring the property into compliance.
Pictures are attached to demonstrate the property conditions observed by Staff upon recent inspections. |
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Strategic Goal Area: |
Not Applicable |
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Fiscal Impact (Amount/Source): |
If Mr. Ross fails to abate the yard conditions, staff will initiate the abatement and may recover the costs of such abatement in the manner provided in K.S.A 12-1-115 and, if unpaid, assess the costs against the lot or parcel of ground on which the violation is located. |
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Attachments: |
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Reviewed By: (for CMO use only) |
☐TM ☐DS ☐CT ☐BM |