CITY COMMISSION AGENDA ITEM

Department:	Planning & Development Services		Commission Meeting Date:  March  21, 2017
Staff Contact:	Brian Jimenez, Code Enforcement Manager
Recommendations/Options/Action Requested:
Conduct a public hearing to consider adoption of Resolution No. 7194, which requires the occupant of the property located at 3724 Stetson Drive 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 occupant fails to abate as ordered.
Executive Summary:		The owner of record for the property is Sarah Forer. However, staff has never been able to communicate directly with her.  In an attempt to resolve code violations, staff located her brother, Patrick Forer, who lives in Missouri.  He advised that Sarah lives in Canada and is the owner in name only, and that she has assumed no residency or maintenance responsibilities since she inherited the property.  Their brother, Robert (Bob) Forer, has complete control of the property and has resided there by himself for many years since the passing of their parents. Given this information, staff has previously identified Bob Forer as the responsible party for the property when there have been code violation complaints. For many years, staff has received repeated complaints regarding Mr. Forer’s failure to mow the yard and to store an excessive amount of miscellaneous items on the driveway and on the front, side and rear yards of the property. The most recent enforcement case began in August of 2016 with staff issuing Mr. Forer a Notice and Order letter.  Mr. Forer had the opportunity to appeal staff’s issuance of the Notice and Order but he did not exercise that right. Staff has attempted to work with Mr. Forer to bring the property into compliance. Staff occasionally observed minor improvements during this time period only to see the conditions once again worsen. The property remains in violation of Section 302.10 (Exterior Property Storage) of the (PMC) which states: 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. In addition to the hearing before the City Commission, staff filed a complaint through the City’s Municipal Court last fall.  After several continuances, Mr. Forer’s next court date is scheduled for March 13, 2017.  At the time of this memorandum  submittal that court date had yet to take place.  The outcome of that court appearance will be provided to the City Commission at the time of the abatement hearing. In summary, staff believes the continuous violation of Section 302.10 of the PMC is a significant blighting influence not only to the adjacent single-family homes within the neighborhood but it also has a negative impact on the ability to successfully market and sell the vacant residential lots located immediately north of the subject property.  Staff has provided Mr. Forer numerous opportunities to bring the property into compliance, but has witnessed only occasional minor improvements to the property. Although a criminal complaint filed through municipal court has the potential penalties of fines, probation and/or jail time, staff believes Mr. Forer’s well-documented inability and/or unwillingness to resolve the code violations demonstrates that necessity of abatement action per Resolution No. 7194. Staff recommends the City Commission adopt Resolution No. 7194 that requires Mr. Forer to remove all items that are not manufactured and intended for storage within the yard, porch, deck, balcony, or any other exterior property area of the premises by no later than April 10, 2017.  Staff will initiate 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.
Strategic Goal Area:		Not Applicable
Fiscal Impact (Amount/Source):		If the occupant or the property owner 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.
Attachments:		Resolution No. 7194 Pictures taken on February 28, 2017 Pictures taken on March 10, 2017

Reviewed By: (for CMO use only)

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