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CITY COMMISSION AGENDA ITEM |
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Department: |
Planning & Development Services |
Commission Meeting Date: November 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. 7229 that requires the property owner of 1215 E. 19th 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 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 Earline James. Over the course of the past six (6) months, staff has received periodic complaints from neighbors and the general public regarding Ms. James’s storing of miscellaneous items within the driveway and all areas of the yard. Staff issued Ms. James a Notice and Order letter to abate the violations cited. Ms. James had the opportunity to appeal the Notice and Order issued by staff, but she did not exercise that right.
Staff has attempted to work with Ms. James to bring the property into compliance without success. The current conditions are in violation of section 302.10 of the PMC, which states 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.
In staff’s opinion, none of the items stored on this property meet the criteria for the exterior storage exceptions outlined in the PMC, which include neatly stacked firewood, construction and landscape materials being actively used for construction projects, or other exterior storage permitted as an accessory use in certain non-residential zoning districts.
In summary, staff believes the continuous violations of section 302.10 of the PMC are a blighting influence on other properties within the neighborhood resulting in a negative impact on neighboring property owners/tenants and 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 Ms. James numerous opportunities to bring the property into compliance. Ms. James’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. 7229 that will require Ms. James 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 by no later than December 13, 2017. Staff will initiate the abatement of the violations if she fails to bring the property into compliance.
Pictures are attached to demonstrate the property conditions observed by staff upon numerous inspections. |
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Strategic Plan Critical Success Factor |
Safe, Healthy and Welcoming Neighborhoods |
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Fiscal Impact (Amount/Source): |
If Ms. James 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: |
Pictures taken on September 11, 2017 |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |