CITY COMMISSION AGENDA ITEM

Department:	Planning & Development Services		Commission Meeting Date:  June 6, 2017
Staff Contact:	Brian Jimenez, Code Enforcement Manager
Recommendations/Options/Action Requested:
Conduct a public hearing to consider adoption of Resolution No. 7208, which requires the occupant of the property located at 749 Lyon Street 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 property owner of record is Lawrence Stroda; however, Mr. Stroda has not lived at the property since last September.  The current resident, John D. Stine, has resided at the property since late October of 2016. Staff issued Mr. Stine a Notice and Order to clean up the exterior of the property on November 29, 2016.  Mr. Stine did not exercise his right to appeal staff’s issuance of the Notice and Order. Staff has attempted to work with Mr. Stine and has occasionally observed minor improvements 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: 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. In March of this year, Mr. Stroda informed staff that the property was being foreclosed upon by his lending institution.  He further stated the foreclosure process had been finalized and the property would be auctioned by the Douglas County Sheriff’s Office in the near future.  Staff confirmed the foreclosure is pending but is unable to determine when the sale will occur.  In addition, staff has been in contact with a potential buyer of the property who wishes to remain anonymous until he has purchased the property.  This individual has advised that he will clean up the property if he becomes the owner before the deadline of June 26, 2017 as identified in Resolution No. 7208. In summary, staff believes the continuous violation of sections 302.10 and 302.8 of the PMC is a significant blighting influence on the adjacent single-family homes within the neighborhood. Staff has provided Mr. Stine numerous opportunities to bring the property into compliance, but has witnessed only occasional minor improvements to the property. Staff believes Mr. Stine’s well-documented inability and/or unwillingness to resolve the code violations demonstrates that necessity of abatement action per Resolution No. 7208.  In addition to the Resolution, a criminal complaint has been filed through municipal court and is pending. Staff recommends the City Commission adopt Resolution No. 7208 that requires Mr. Stine 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 that are parked in the rear yard by no later than June 26, 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.
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. 7208 Pictures taken on May 23, 2017

Reviewed By: (for CMO use only)

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