Memorandum
City of Lawrence
Planning & Development Services
TO: |
David L. Corliss, City Manager
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FROM:
CC: |
Brian Jimenez, Code Enforcement Manager
Scott McCullough, Director Planning & Development Services
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Date: |
April 24, 2013
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RE: |
Major On-going Code Enforcement Cases
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At the October 2, 2012, City Commission meeting, a memo dated September 25, 2012, was included on the City Manager’s report. The memo identified numerous properties that the Code Enforcement Division had identified as difficult to resolve. Since that meeting, five of those properties have been removed from the list for the reasons identified below. No properties have been added to the list.
· 331 Johnson Avenue – The property had been in violation for many years as personal items were stored on the front porch and rear yard in violation of the Environmental Code. On January 29, 2012, staff executed a search warrant and removed these items. Items were placed in storage and continue to be kept as the property owner has contacted the City Attorney’s Office to express her desire at some point to pay for all costs incurred by the City and retrieve the items.
· 3133 Creekwood – The house had been vacant for a long period of time and was the target of a couple of burglaries. Staff monitored the foreclosure process and this winter that process was finally completed. The house is no longer being monitored and there are no active code violations for the property.
· 827 Walnut St. – The property had been in a deplorable condition which consisted of the majority of mobile homes being declared condemned during the summer of 2012. Staff monitored the status of the property during the fall and early winter. Eventually staff was able to facilitate the property being sold. The new owner/developer anticipates the infrastructure being completed in less than a month with building permits and construction commencing within two months. The development will consists of 10 residential lots for single detached dwelling units. The following pictures show the previous conditions in August of last year and the current conditions as of this month.
· 785 Maple St. – The property was in very poor condition which included staff condemning the house and presenting a resolution to clean up the exterior yard conditions. Staff facilitated the property being sold which was completed in February of this year. The property has improved drastically as the following pictures from May 1, 2012, and April 12, 2013, demonstrate. The owner will either rehab or demolish the house. He understands the demolition resolution that was adopted by the City Commission remains active.
· 1327 New Jersey St. – The owner of the property has obtained building permits in the past to improve the house from a structural standpoint. The house remains vacant and is compliant with city codes. Owner is continuing to explore his options of selling the property. In addition, the owner notified staff on April 28, 2013, that he continues to work on the house which includes the front porch and touch up painting where needed.
The following properties were also identified in the September 25, 2012 memo and continue to be monitored or are in some level of process. An update detailing the latest actions taken is provided for each property.
Latest Development: On February 5th, 2013, the City Commission directed staff to begin condemnation proceedings for the property. On March 26, 2013, Resolution No. 7013 was adopted, declaring the necessity for the City to acquire the property by exercising its powers under the laws of eminent domain. Pursuant to K.S.A 74-7046, the City conducted a survey of the property on April 11, 2013. An ordinance to condemn the property has been drafted by the City Attorney’s Office and is scheduled to be on the May 7th agenda.
Latest Development: The property owner was cited on March 28, 2013 for code violations of the Property Maintenance Code regarding inadequate protective treatment for exterior surfaces and for exterior walls not being weather tight. An appeal is scheduled for May 23, 2013 to be heard before the Community Development Advisory Committee.
Latest Development: The auction sale is going through the appellate court as the lender is challenging the price of purchase. The new owner anticipates a ruling within a month. Due to this dilemma, the property remains in the same state of disrepair. If the new owner retains ownership, a building permit will be applied for immediately with a completion date estimated within 3 months. If the court rules against property owner, staff will need to re-evaluate the City’s position.
Latest Development: Staff has not seen steady and continual improvement to the property. An interior inspection of the house will be attempted. Findings will then be presented to the City Commission for direction on how to proceed. Staff anticipates inspection taking place by May 15, 2013.
Latest Development: The property sold on April 25, 2013. Staff has contacted the new owner and has been informed that a complete rehabilitation will occur. The owner anticipates submitting a building permit application within two weeks. Staff will continue to monitor to ensure property becomes compliant with all applicable City codes.