CITY COMMISSION AGENDA ITEM

Department:	Planning & Development Services		Commission Meeting Date: June 19, 2018
Staff Contact:	Brian Jimenez, Code Enforcement Manager
Recommendations/Options/Action Requested:
Conduct a public hearing to consider the adoption of Resolution No. 7255, which requires the property owner of 801 Lincoln Street to abate the cited Property Maintenance Code (PMC) violation within 20 days of adoption, and further directs City staff to abate the violation if the property owner fails to abate as ordered.
Executive Summary:		The subject property is a corner through lot that fronts Lincoln Street to the south, Lyon Street to the north and N. 8^th Street to the west. The property is zoned Industrial General (IG); however, the use is residential as there is a single detached dwelling and an accessory structure that are accessed off of Lincoln Street.  The property owner of record is Doug Garber Construction Inc. On August 31, 2017, Berniece Garber, the wife of Doug Garber, placed a dilapidated, uninhabitable mobile home on the property without going through the site plan submittal process to get the storage use approved. The IG zoning district does allow for an exterior storage use but only if code requirements for such use are completed through a site plan application submittal and subsequent approval. On September 7, 2017, staff cited Mrs. Garber for a violation of the City’s Land Development Code for failure to obtain site plan approval for the exterior storage of the mobile home and thereby ordered the mobile home to be removed by September 20, 2017.  Mrs. Garber advised the storage of the mobile home was short-term as she was going to seek approval for the redevelopment of the property and use the mobile home in the redevelopment.  Unfortunately, Mrs. Garber did not complete the site plan submittal application process and failed to remove the mobile home by the deadline.  Due to these circumstances, staff filed a complaint through the City’s Municipal Court on November 13, 2017.  The court case is still in progress with the next court date scheduled for June 18, 2018.  Due to the length of time the property has been in violation without compliance being obtained and due to the harm being done to the area as reported by numerous neighbors, staff reviewed other potential legal remedies to pursue to resolve the violation. On May 7, 2018, staff issued the property owner of record a Notice and Order for violation of Section 302.10 of the PMC, which ordered the mobile home to be removed by May 29, 2018.  Section 302.10 states the following: 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. Staff believes the mobile home in its current severely dilapidated, uninhabitable condition is salvage material and is in violation of Section 302.10.  Staff is in agreement with the neighbors that the mobile home is a significant blighting influence to the adjacent properties within the neighborhood.   Since the issuance of the Notice and Order, staff has attempted to contact Mrs. Garber by phone and email to try once more to resolve the violation but has been unsuccessful in receiving a return correspondence.  For these reasons, staff recommends the City Commission adopt Resolution No. 7255, which will require the property owner to remove the mobile home by no later than July 10, 2018.  Failure to remove by that date will result in staff initiating the removal of the mobile home to bring the property into compliance and will pursue recovering 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.  Pictures are attached that identify the location and condition of the mobile home.
Strategic Goal Area:		Not Applicable
Fiscal Impact (Amount/Source):		If the property owner fails to abate the violation, 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. 7255 Pictures taken on June 5, 2018

Reviewed By: (for CMO use only)

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