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CITY COMMISSION AGENDA ITEM |
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Department: |
Planning & Development Services |
Commission Meeting Date: February 20, 2018 |
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Staff Contact: |
Brian Jimenez, Code Enforcement Manager |
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Recommendations/Options/Action Requested: |
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Open the public hearing established by Resolution No. 7234, which set the public hearing date of February 20, 2018. Defer the public hearing at the request of Berniece Garber until the March 6, 2018 City Commission meeting at which time Resolution No. 7238 will be considered for adoption, which would declare the structure located at 541 Perry Street to be an unsafe and dangerous structure thereby ordering the repair or the demolition of the structure within a specified date. |
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Executive Summary: |
On December 27, 2017, the City Commission adopted Resolution No. 7234, which set a public hearing date of February 20, 2018 to hear testimony, at which time any person having any interest in the property may appear and show cause why the structure should not be condemned as an unsafe and dangerous structure and ordered repaired or demolished.
At that time, staff provided a memorandum that provided a summary of staff’s efforts to facilitate a plan of action with Berniece Garber and Robert Gibler to bring the property into compliance with city code.
Update on actions taken since adoption of Resolution No. 7234 On January 26, 2018, staff initiated phone contact with Mr. Gibler to determine if there was new information he could share regarding a plan of action for the property. He informed staff he had recently spoken to his attorney and was advised that he could not proceed with sale of the property to Ms. Garber, which had been scheduled for January 31, 2018, for an undetermined amount of time. Mr. Gibler advised that this unforeseen delay was due to a tax lien issue that surfaced. It is important to note that on December 26, 2017, staff received a title search report (ownership and encumbrances) from Commerce Title, which showed the title to be clear of unreleased mortgages, liens or other judgments from State or United States Courts.
Mr. Gibler has reiterated that he does not have the financial resources to demolish the house. He has further stated that he did not know if he would attend the hearing due to possible work commitments. Mr. Gibler kindly provided staff a copy of the Contract for Deed for the City Attorney Office to review. It was determined that Ms. Garber does have an equitable interest in the property.
On February 5, 2018, staff initiated phone contact with Ms. Garber since she had not communicated with staff since Resolution No. 7234 was adopted. Ms. Garber referenced the tax lien issue and stated she could not proceed with the purchase of the property she had planned to complete on January 31, 2018. She also advised that she would not pursue a building permit at this time since she would not put any more money into the property until the tax lien issue was resolved.
Ms. Garber inquired if the hearing could be delayed as she was scheduled to be out of town on February 20, 2018. Staff advised her to provide a written request to have the hearing deferred.
On February 8, 2018, Ms. Garber provided a written request to have the public hearing deferred via email. Staff recommends accepting Ms. Garber’s request for deferral and recommends the public hearing be deferred to the March 6, 2018 city commission meeting. Ms. Garber advised staff that she can attend the meeting on that date to provide comment.
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Strategic Plan Critical Success Factor |
Safe, Healthy, and Welcoming Neighborhoods
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Fiscal Impact (Amount/Source): |
The fiscal impact to the City would be the cost incurred for the City to demolish and remove the structure, which would be determined through a bid process. A lien would then be assessed against the property in accordance with K.S.A. 40-3901 et. seq. |
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Attachments: |
Memorandum dated December 27, 2017 Pictures taken on December 14, 2017 |
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Reviewed By: (for CMO use only) |
☐TM ☒DS ☐CT ☐BM |