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:	October 2, 2012
RE:	929 Holiday Dr.

Background

The Code Enforcement Division has been actively pursuing code compliance at this property for over four years.  Due to the prolonged time period of non-compliance, the property is identified as problematic to resolve within the major on-going code enforcement cases memo that is on the City Manager’s report for the City Commission meeting on October 2, 2012.

Staff’s most recent enforcement action occurred on August 18, 2011.  Staff executed a search warrant, took pictures and declared the house unsafe and unfit for human occupancy based on the conditions that staff found during the inspection.  Mark Bradburn, the owner, appealed the condemnation to District Court.  The appeal has yet to be ruled upon however, staff recently attended a hearing regarding the matter on October 1, 2012.   Staff anticipates a ruling by Judge Fairchild in mid-November of this year.

The following actions have occurred since the condemnation:

• On April 6, 2012, Mr. Bradburn obtained a building permit for the insulation and sheetrock to be installed. 
• On April 24, 2012, staff inspected the interior with Mr. Bradburn’s consent and verified the identified issues with framing members of the roof assembly had been corrected.
• On September 17, 2012, building inspection staff approved the inspection of the insulation. 

It is important to note that the house is far from being code compliant with all city codes related to building and property maintenance.  Furthermore, Mr. Bradburn has obtained four other building permits since 2008 and has failed to bring the house into a habitable condition which supports staff’s concerns that the house will not be fully rehabilitated to allow occupancy.

Additionally, since the condemnation, staff continues to receive complaints regarding the condition of the house from neighbors as well as the Sunset Hills Neighborhood Association.  As a result of Mr. Bradburn’s failure to rehabilitate the house in a reasonable time frame, staff has prepared Resolution No. 6997 for the City Commission to consider.  If adopted, a public hearing will be set for November 13, 2012.

A follow up memo will be provided for the hearing that will outline the history of the property as well as provide additional documents and pictures for review.

Action Requested

Approve Resolution No. 6997 which will set the public hearing date of November 13, 2012.