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CITY COMMISSION AGENDA ITEM |
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Department: |
Planning & Development Services |
Commission Meeting Date: December 27, 2017 |
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Staff Contact: |
Brian Jimenez, Code Enforcement Manager |
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Recommendations/Options/Action Requested: |
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Adopt Resolution No. 7234, setting a public hearing date of February 20, 2018, pursuant to K.S.A 12-1750 et. seq., to consider ordering the house at 541 Perry Street to be repaired or demolished. |
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Executive Summary: |
The one-story house located at 541 Perry Street, which is approximately 800 square feet in area, suffered a fire over two years ago and is uninhabitable. Half of the roof has since been removed and it’s evident the house suffered significant damage and is structurally unsafe.
The owners of record are Robert M. Gibler, II and Jeffrey W. Gibler according to the Douglas County Clerk Office. Staff has identified Berniece Garber as having control over the property due to a contract to purchase agreement between her and Mr. Robert Gibler.
Since June 2017, Ms. Garber has met on numerous occasions with code enforcement staff, planning staff and/or building permit plan review staff about re-developing the property. On December 7, 2017, Mrs. Garber obtained a front yard set-back variance (with Mr. Gibler’s authorization) from the Board of Zoning Appeals based on a boundary improvement location survey she submitted with the variance request. Despite the variance approval, staff is concerned that Ms. Garber will not obtain a building or demolition permit to rehabilitate or demolish the structure, or to subsequently complete required repairs or demolition. Ms. Garber has consistently failed to take or complete actions toward repair or demolition of the structure, as reviewed with and required by staff, since June 2017.
Staff has spoken with Robert Gibler concerning the condition of the house and asked him to confirm the ownership status. He advised that he and Ms. Garber have entered into a purchase agreement contract, and that he will provide the contract to staff for legal review before the public hearing is held. He is very concerned that Ms. Garber has failed to take appropriate actions to rehabilitate or demolish the house. He also advised staff that the insurance policy for the property had lapsed, and that an insurance claim for the fire was not possible.
Staff has confirmed with the Douglas County Clerk Office that an affidavit of equitable interest or a purchaser under contract document has not been filed with their office identifying Ms. Garber as the owner. Submitting such a document is not required by law, but would provide ownership protection to Ms. Garber. Staff also verified with the Douglas County Treasurer Office that there is $2,844.99 in delinquent property taxes dating back to 2014. It is anticipated that a tax sale would occur in 2019 at the earliest if delinquent taxes remained unpaid.
Due to the conditions described above and the uninhabitable condition of the house, Resolution No. 7234 is presented for adoption to set a public hearing date of February 20, 2018, at which time any person having any interest in the property may appear and show cause why the house should not be condemned and ordered repaired or demolished as an unsafe or dangerous structure. |
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Strategic Plan Critical Success Factor |
Safe, Healthy and Welcoming Neighborhoods |
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Fiscal Impact (Amount/Source): |
The demolition costs incurred by the City to demolish the structure. If the City demolishes the structure, a lien for costs incurred would subsequently be assessed against the property in accordance with K.S.A. 40-3901 et. seq. |
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Attachments: |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |