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CITY COMMISSION AGENDA ITEM |
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Department: |
Planning & Development Services |
Commission Meeting Date: May 16, 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. 7206 which requires the property owner of 2719 Rawhide Lane 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. |
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Executive Summary: |
The owner of record for the property is Thomas Vanlerberg. For several months, staff has received complaints regarding Mr. Vanlerberg’s failure to paint the house and remove an excessive amount of miscellaneous items on the driveway and on the front, side and rear yards of the property. The house has been vacant for some time and is not habitable due to a remodel project that has stalled. Staff issued Mr. Vanlerberg a Notice and Order and he had the opportunity to appeal staff’s citations but he did not exercise that right.
Staff has attempted to work with Mr. Vandlerberg 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 and 302.8 of the (PMC) which states:
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.
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.
In summary, staff believes the continuous violation of sections 302.10 and 302.8 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 neighboring properties.
Staff has provided Mr. Vanlerberg numerous opportunities to bring the property into compliance, but has witnessed only occasional minor improvements to the property. Staff believes Mr. Vanlerberg’s well-documented inability and/or unwillingness to resolve the code violations demonstrates that necessity of an abatement action per Resolution No. 7206.
Staff recommends the City Commission adopt Resolution No. 7206 that requires Mr. Vanlerberg 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 and all vehicles being stored on the property by no later than June 5, 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 several inspections. |
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Strategic Goal Area: |
Not Applicable |
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Fiscal Impact (Amount/Source): |
If 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. |
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Attachments: |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |