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 15, 2012
RE:	331 Johnson Avenue

Background

The property is owned by Patricia Sinclair and has been in violation of the Environmental Code for over two years since the Code Enforcement Division began pursuing code compliance though Municipal Court. It was our hope that the court process would prompt Ms. Sinclair to clean up her rear yard and front porch.  Unfortunately, the opposite has occurred as she continues to accumulate items that violate the code.

Due to the long period of time without seeing a resolution, staff issued a notice of violation to Ms. Sinclair on July 18, 2012 for exterior code violations with the intent of pursuing the abatement of the violations as permitted by code. Staff took pictures of the conditions observed that day.

The following has occurred since July 18, 2012.

• On July 31, 2012, Ms. Sinclair emailed staff and advised she was requesting a hearing before the Community Development Advisory Committee (CDAC).
• Staff advised Ms. Sinclair via email on July 31, 2012 that her hearing had been scheduled for August 30, 2012 in the City Commission Chambers at 5:30 p.m.
• On August 8, 2012, staff mailed Ms. Sinclair a letter advising her of all the details of the hearing. (Code requires a 5 day notice)
• Over the next several weeks Ms. Sinclair was in contact with City Clerk’s Office requesting numerous documents pertaining to her property.  At the conclusion of these contacts, staff had provided her over 300 pages of documents.
• On August 28, 2012, staff visited the property to take pictures of the surrounding property conditions of neighbors compared to the conditions of Ms. Sinclair’s front porch and rear yard.
• On August 30, 2012, CDAC heard testimony from staff, Ms. Sinclair and the public.  CDAC determined staff interpreted the code correctly and that Ms. Sinclair was in violation of the Environmental Code by a vote of 10-1.
• On September 4, 2012, the CDAC provided Ms. Sinclair a letter that provided a summary of the meeting as well as informing her that the CDAC supported the Code Enforcement Division pursuit of abatement of the violations.

Staff is prepared to abate the violations and has prepared Resolution No. 6996 for consideration.  If the resolution is adopted, the City would abate the violations twenty days after the passage of the resolution.

It should be noted that staff has received 41 complaints from neighbors over the last few years.