Memorandum

City of Lawrence

Planning & Development Services

 

TO:

David L. Corliss, City Manager

 

FROM:

Brian Jimenez, Code Enforcement Manager

 

Date:

June 7, 2012

 

RE:

Major On-going Code Enforcement Cases

 

 

 

Below is the original text that was provided in a February memo that listed the top on-going cases that staff is currently processing.  An update for each property is provided.  In addition, there are four properties that have been added.

 

  1. 1233 New Jersey – The house is blighted and vacant.

·         The property owner is Donna Morrison, who is a widowed 85 year old. Staff mailed a notice of violation advising Ms. Morrison that the property was in violation of city code.  

·         Keith Dabney, son-in-law, declared himself as the contact person for the property and told staff he would make considerable repairs within 6 months.

·         Repairs have not been made therefore letter has been sent to Ms. Morrison advising her that staff is preparing to present the case to the city commission.

·         Staff believes this house is a serious candidate for demolition.

·         Staff will apply for administrative search warrant within the next two weeks to fully document the deteriorated conditions and present demolition resolution to the City Commission.

·         Case has been opened since April 22, 2011.

 

Update:  The house was set for a public hearing on May 22nd and was demolished by the owner on May 16th.  The following pictures show the dilapidated conditions of the property before the demolition.  Below is a picture of the cleared lot.

 

 

  1. 1106 Rhode Island – The property is blighted and vacant. 

·         Property has been in a severely deteriorated condition for many years.

·         Property is owned by the Barland family and is in Raymond F. Barland’s name.  He died many years ago and his surviving wife is 94 years old and unable to assist in anyway with the property. 

·         Bob and Brian Barland, (sons) have designated themselves as the responsible parties for the property.

·         Staff has met with them on a few occasions since case was opened to move repairs along resulting in very limited success.

·         Staff met with Brian on January 23rd, 2012 to have further conversations regarding bringing the property into compliance with all applicable city codes.    

·         Staff gave a deadline of February 6, 2012 for the plan to be submitted.

·         Staff has not received any additional correspondence.

·         Main structure (house) is a contributing structure to the National Historic Registry therefore HRC review will be included in all phases of staff’s enforcement actions.

·         Staff is prepared to apply for an administrative search warrant to fully document conditions of all structures located on the property and present demolition resolution to the City Commission.

·         Staff anticipates applying for warrant by end of February.

·         Case has been opened since April 28, 2011.

 

Update:  The City Commission adopted two resolutions on May 15th.    Two auctions were scheduled to address the exterior yard conditions of the property.  One of the two auctions was completed on May 26th. The second auction is to occur on June 24th. A follow up is to be provided to the City Commission on July 17th.  The following pictures were taken on June 5th to show the current yard conditions.  All of the vehicles have been removed from the property and it appears the yard is moving closer to becoming in compliance with the Environmental Code.

 

 

 

  1. 331 Johnson Avenue – The property has been blighted for several years.

·         Long enforcement history dating back many years with Patricia Sinclair (owner).

·         The City Commission heard an appeal of Community Development Advisory Committee’s decision to uphold staff’s enforcement actions.

·         Municipal Court recently found Patricia Sinclair (owner) guilty of all violations cited.

·         She has appealed that ruling to District Court.  Appeal date has yet to be set.

·         Staff recently cited Ms. Sinclair again for violations of the Environmental Code which include front porch, rear yard and accessory structure (garage).  Staff expects her to appeal that decision again to the CDAC. 

·         The case that is on appeal was opened on April 13, 2010.

·         Current case was opened on January 30, 2012.

 

Update:  Staff is waiting for court date in district court to hear Ms. Sinclair’s appeal of Municipal Court conviction.

 

  1. 1641 Illinois – The house has been vacant for many years. 

·         Staff was working with the owner (son of previous owners) as he inherited the property.  The level of blight has not been substantial but the property is in an established neighborhood bordering the University of Kansas resulting in complaints being received.  We have had three mowing cases opened since 2010.

·         The neighbor was working towards purchasing the property until the son recently passed away.

·         Staff is monitoring closely as staff believes the house will be tied up in court as other relatives seek to claim ownership.

·         Staff may need to seek administrative warrant to document conditions and possibly present to the City Commission.  There are no code violations cited at this time.

·         Staff anticipates taking further enforcement action by late spring.

·         Case was opened on October 21, 2010.

 

Update:  Staff confirmed on May 25th that the house was listed for sale and there is a “sold” tag on the realty sign.  Staff will continue to monitor to see if the rehabilitation of the house begins. 

 

  1. 929 Holiday Dr. – The house has been blighted for at least 3 years.

·         Staff worked with Mark Bradburn (owner) two years ago in an attempt to bring the property into compliance.

·         He was found guilty in Municipal Court of all environmental code violations cited.

·         He appealed ruling to District Court and was found not guilty by a jury in early 2011.

·         Staff obtained an administrative warrant on August 2011.  Based on findings, staff cited property maintenance code violations and condemned the property by posting notice and placard as required by the code.

·         Mr. Bradburn appealed staff’s ruling to the District Court.  Staff is waiting to hear from City Attorney’s Office on whether appeal was made in accordance of state statute requirements.

·         Staff has prepared memorandum and is ready to proceed with the case being presented to the City Commission in the near future.

·         Case that resulted in not guilty verdict in District Court was opened on February 17, 2010.

·         Current case was opened on August 18, 2011.

 

Update: Staff and Randy Larkin were in court on May 29th to determine the status of the appeal to district court.  Judge Fairchild granted Mr. Bradburn the right to continue and set the hearing for October 1st, 2012.  Staff met with Randy on June 5th to discuss details of case and to begin gathering all relevant information that will be needed for the case.

 

  1. 4824 W. 24th – The house has been blighted in the past and is vacant.

·         Staff has monitored for the last several years which has included mowing the property and presenting a blight resolution to the City Commission which resulted in the City cleaning up the exterior yard conditions.

·         This property has been in the foreclosure process for quite some time and staff has not been able to ascertain any substantial information regarding where that process stands.

·         Staff has declared the house as condemned and has posted notice and placard stating such.

·         Staff will continue to monitor as the property may become a candidate for presentation before the City Commission.

·         It is staff’s hope that the foreclosure proceedings are completed soon and the house is rehabilitated.

·         Original Case was opened on October 11, 2010.  This case was resolved with the abatement resolution being adopted.

·         Current case has been opened since July 27, 2011.

 

Update:  Continues to be in the foreclosure process.  Staff recently contacted Bank of America but was unable to obtain additional information regarding the ownership status.  Staff is continuing to monitor.

 

  1. 3133 Creekwood – The house is vacant and is in the foreclosure process.

·         Staff has mowed numerous times in the last few years.

·         There are currently no significant blighting issues at the property. We have opened six mowing cases since 2010.

·         Recently, the house was broken into and an attempted arson occurred. Arrests were made in the case.

·         Staff declared the house as a dangerous structure and posted notification and placard stating such.

·         Staff continues to monitor and was recently informed the foreclosure proceedings have begun.

·         The case has been opened since January 6, 2012. 

 

Update:  House remains vacant as staff is still waiting for foreclosure process to be completed.

 

  1. 214 Alabama – This property is vacant.

·         One of the many properties that is owned by the Denton family.

·         Front porch collapsed and staff initiated enforcement action resulting in the porch debris being removed.

·         The house appears to be in decent condition and as of right now is not a candidate for demolition. 

·         Staff will continue to monitor.

·         Case has been opened since September 7, 2011.

 

Update:  On May 23rd, staff met with Norma Jantz at the property.  Jantz advised she was going to court on May 31st to attempt to become sole executor of the estate in hope that she can sell the property.  Staff did inspect the interior and found the house to be in decent condition.  Staff will continue to monitor progress.

 

  1. 1231 Pennsylvania – The house may or may not be occupied.

·         The house is owned by Leon Kimball.

·         The overall condition of the property is very poor.

·         Staff will most like have to apply for administrative warrant to fully document the conditions of the house and exterior yard conditions.

·         Staff has put this property as a high priority therefore staff anticipates further significant action taking place in the near future.

·         Case has been opened since September 13, 2011.

 

Update:  Staff has been meeting with the property owner every Monday to monitor progress of rear yard clean up.  A significant amount of items have been removed.  Staff is also working in a facilitator role in regards to Mr. Kimball selling the property.  Staff will continue to work with him to bring the property into compliance and/or the transfer of the property to a new owner.  If progress stalls, staff will bring to the City Commission to set the public hearing date.

 

  1.   1105 W. 21st – This house is an unlicensed and over occupied rental unit.

·         Staff initiated enforcement action in December of 2011.

·         Owner lives in Hays, Kansas.

·         Owner told staff he would pursue the accessory dwelling unit option and he made contact with planning staff to start the process of approval.

·         Owner has since contacted staff to license property. 

·         Application has yet to be received.  Owner has scheduled for February 9, 2012 at 9:30am.

·         Case has been opened since December 1, 2011.

 

Update:  The property is licensed, inspected and now complies with all applicable city codes.  The property will be removed from the list.

 

  1.    1313 Haskell – The property remains vacant.

·         Haskell Row Partners came forward in early 2011 to save the house from being demolished by the City. They are still the owners.

·         They have connected all utilities and were close to selling the property to Daniel Hoyt.

·         Financing fell through therefore Mr. Hoyt is no longer a viable buyer.

·         Staff has a conversation with Michael Almon (spokesperson) on January 8, 2012 regarding the status of the property.

·         Mr. Almon advises Haskell Row Partners are considering their options.

·         Staff has sent another email to the ownership group and is waiting for their response.

 

Update: Staff presented to the City Commission on May 15th.  The Commission directed the owners to complete the remaining 15 items that were identified within Resolution No. 6885. The item is to be brought back to the City Commission on August 14th.  Additionally, on May 31st staff released a building permit for the construction of the front porch.

 

  1.    1527 W. 6th St – Location of Academy Cars and active sign code violation.

·         Staff cited owner for violation of temporary sign permit code provisions.

·         Attorney for owner has filed a motion for discovery.

·         Staff has provided the information that has been requested.

·         Next court proceedings to occur on March 30th.

·         City prosecutor’s office will be providing relevant updates to staff.

·         Case has been opened since September 28, 2012.

 

Update:  Jim Rumsey, attorney for Mr. Blackburn, has submitted a sign variance request which will go before the BZA.  Additionally, staff met with Jerry Little on June 5th to prepare for the court date that is scheduled for June 8th regarding a discovery motion filed by Mr. Rumsey. 

 

  1.    827 Walnut (Mobile Home Park)

·         Owner is George Warren who is an absentee landlord that resides in California.

·         Staff has executed 13 search warrants and condemned numerous trailers. 

·         Staff is facilitating the selling of the property and has spoken to two potential ownership groups regarding the legal non-conforming status, possible re-zoning of the property and what will be required for a new mobile home park license to be issued to a new property owner.

·         Staff is optimistic that a new owner will be identified within two weeks.

 

 

 

 

 

  1.    785 Maple

·         This property was on the consent agenda on June 5th as Resolution No. 6975 was adopted by the City Commission which set the public hearing date on July 24th. 

 

  1.    904 Pennsylvania

·         Property is blighted which includes garage and house.

·         Staff has cited property owner for code violations which prompted relatives of the owner to contact staff regarding their interest in purchasing the property to begin the rehabilitation.

·         Staff learned on June 5th that the sale will not go through as there are significant concerns regarding the cost of the rehabilitation vs. demolition and there are historical implications that the potential buyers do not want to deal with.

·         Staff will be determining next enforcement action in the coming week which will most likely involve either consent to inspect the interior of the structures located on the property or applying for search warrant to complete the inspections.

     

  1.   1327 New Jersey

·         Staff received inquiry from neighbor concerning the house has been vacant for quite some time.

·         On May 30th, staff met with Tom Krause (owner) at the property.

·         Mr. Krause consented to an interior inspection of the house.

·         Staff verified the house is in the “gutted” phase but appears to be structurally sound.

·         Staff asked Mr. Krause to provide a timeline regarding his plans for continuing the rehabilitation of the house within two weeks.

·         Staff advised him that the property may end up being brought before the City Commission.