Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Brian Jimenez, Code Enforcement Manager
CC:	Scott McCullough, Director Planning & Development Services
Date:	May 29, 2012
RE:	785 Maple Street

Action Requested

Adopt Resolution No. 6975, setting a public hearing date of July 24, 2012, to review the condition of the dilapidated structure located on the property and to consider declaring the structure unsafe and ordering the repair or removal within a specified period of time.

Background

The property is owned by Edward Flint Jr.  The multi-colored one story house suffered a structure fire on May 18, 2011, which rendered the house as uninhabitable.  On October 31, 2011, a building permit was issued to Mr. Flint as permitted under section 5-1504 of the city’s contractor licensing ordinance.  The only inspection scheduled and approved was for the gas line which occurred on December 19, 2011.

It is relevant to note that Mr. Flint signed the owner occupant document that the Building Safety Division requires when a homeowner plans to complete work that would normally require a licensed contractor.  By signing the document, the owner pledges to reside within the dwelling for a minimum of one year from the date of completion.  Additionally, the document clearly advises the owner that the owner may be required to obtain the services of a licensed contractor to complete the job in the event the inspector determines there is a lack of ability to follow the code. 

On February 7, 2012, staff of the Code Enforcement Division opened a blight case for the property as a result of receiving a complaint from a neighbor concerning the condition of the house and the exterior yard conditions.   Staff inspected the exterior of the property on that date and found the property to be in a deplorable condition.  Some of the exterior yard violations consisted of the following:

• Miscellaneous plastic products such as buckets and storage containers.
• Miscellaneous building materials such as wood and metal items.
• Inoperable vehicles and several motorcycles stored within the yards.
• Dilapidated remains of a camper.
• A pile of used tires in the back yard.

Staff spoke with Mr. Flint on February 7, 2012, as he had been inside the house upon staff arriving at the property.  Mr. Flint stated no one was living at the house and that he was there doing work.  Staff informed Mr. Flint that no one should be living within the house until all the necessary inspections were completed to ensure the house was deemed habitable.

Staff continued to monitor the property but did not see any improvements. Consequently, on May 1, 2012, staff executed a search warrant.  Staff found the interior of the house to be in a complete state of disrepair and took pictures of the conditions.  As result of staff’s inspection, the house was declared as an unsafe structure for human occupancy, condemned and ordered to remain vacant until repairs were made.  A few of the highlights of the inspection are the following:

• The ground floor has been stripped to the framing members and has the appearance of a house under construction.
• There are numerous areas within the first floor where the electrical wiring has been damaged from the fire.
• There are fire damaged framing members and insulation exposed within the first floor.
• Staff viewed several locations in the basement where multiple power strips were being used to provide power by extension cords.
• Staff encountered a makeshift kitchen located in the basement. 
• Staff viewed fresh food being stored on a table in the basement supporting staff’s belief that the house is being lived in.
• Staff encountered exposed wiring near the furnace, water heater and in the bathroom.
• Staff observed a bed in the basement as well as a bathroom.  A portable heater was observed next to the bed and was the only source of heat that staff could find as the furnace did not appear to be in an operable condition.

On May 23, 2012, staff re-inspected the property to ensure the house was not being lived in.  Officers Neff and Chase of the Lawrence Police Department assisted staff with contacting Mr. Flint. Mr. Flint advised he was at the property in the capacity of continuing to clean up the exterior yard code violations but that he had not been living within the house. 

Staff noticed the exterior yard conditions had improved ever so slightly, however; the house remained in the same severely dilapidated condition.   Staff noticed there was power on inside of the house and asked Mr. Flint how power was being provided to the house as staff was aware that a request for temporary power by Mr. Flint was never completed. 

Mr. Flint walked to the electrical pole located in the front yard and pointed to a black wire that was coming down from the pole.  Mr. Flint stated he had an unidentified friend make the unauthorized connection. Staff verified the wiring continued on the ground and was covered up by miscellaneous metal items where it eventually entered the house through a door.  Westar was called to remove the illegal connection. Officer Neff issued Mr. Flint a notice to appear for theft of services with a court date of June 26, 2012.  

In addition, staff had confirmed a few weeks earlier that the utilities of water and gas were disconnected and that city staff had to remove the water meter due to an illegal connection made by Mr. Flint. 

Staff Recommendation

Mr. Flint has had over a year to bring the house into compliance with all applicable city codes.  Unfortunately, very little progress has been made and staff believes the structure has been lived in recently thus creating a very unsafe situation for anyone occupying the house.  It is staff’s opinion that Mr. Flint has clearly demonstrated that he does not have the skill set or the fortitude to complete the rehabilitation of the house.

Staff’s most recent discovery of the illegal connection of electricity validates Mr. Flint’s clear disregard for following city code requirements pertaining to life safety issues.  Furthermore, the building permit will expire on June 16, 2012 and staff will not extend the permit due to the above mentioned circumstances.  Mr. Flint will be required to hire a licensed contractor with identified licensed trade contractors in order for a new building permit to be issued.    

For these reasons, staff is asking for the City Commission to adopt Resolution No. 6975 which will set the public hearing date of July 24, 2012, to declare the house as unsafe and order its repair or removal within a specified amount of time.