Memorandum

City of Lawrence

Planning & Development Services

TO:	David L. Corliss, City Manager
FROM:	Development Services Staff
CC:	Scott McCullough, Director Planning & Development Services
DATE:	April 15, 2015
RE:	1231 Pennsylvania Street -  Adoption of Resolution No. 7113 (Unsafe Structures) and Resolution No. 7114 (Exterior Yard Abatement)

Background

On March 2, 2015, the City Commission adopted Resolution No. 7105, which set a public hearing date of April 21, 2015 to hear testimony and consider condemning as dangerous or unsafe the principal building (one-story house) and three (3) accessory structures located on the property at 1231 Pennsylvania Street, and to consider ordering all four (4) structures to be repaired or demolished.  A February 25, 2015 memorandum provided background information in support of Resolution No. 7105, including pictures taken during the execution of a search warrant on January 30, 2015. 

The January 30, 2015 site inspection and pictures also documented an excessive amount of debris, scrap and stored items on the front porch of the house and in the rear yard of the property at 1231 Pennsylvania Street, in violation of the City’s Property Maintenance Code.  On February 18, 2015, in an enforcement action separate from and in addition to the dangerous or unsafe structures condemnation action, staff issued the property owner a Notice and Order to remediate the front porch and exterior yard violations, with a compliance date of March 11, 2015. 

On April 15, 2015, staff reinspected the property to document current conditions.  The property owner was at the site, and indicated he was going to start cleaning the property premises, and that he intended to rehabilitate the main house structure.  The April 15, 2015 site inspection and pictures revealed that the structure, exterior yard and front porch conditions had not been remediated per prior Notice and Orders, and remained basically unchanged from January 30, 2015.  The owner has not requested an appeal hearing before the Building Code Board of Appeals, which was an option outlined in the February 18, 2015 Notice and Order.

Staff Recommendation

Due to the property owner’s failure to respond to City notices or to initiate any work to correct dangerous or unsafe structure conditions at 1231 Pennsylvania Street, staff has prepared Resolution No. 7113.  Resolution No. 7113 declares the house and three (3) accessory structures to be dangerous or unsafe, and orders the owner to complete substantial structural repairs to the structures or to raze and remove the structures by no later than May 22, 2015.   If substantial repairs are not commenced or the structures are not razed and removed by the owner by May 22, 2015, the City will proceed to raze and remove the structures, with all incurred costs and expenses to be assessed against the property.  Staff recommends adoption of Resolution No. 7113, if appropriate.

Due to the excessive amount of accumulated debris, scrap and exterior storage on the front porch and in the rear yard of the property at 1231 Pennsylvania, staff has prepared Resolution No. 7114, which orders the owner to remove the accumulated debris, scrap and storage by May 22, 2015.  Failure by the owner to remediate the conditions will result in abatement of the conditions by the City, with all incurred costs and expenses to be assessed against the property.  Staff recommends adoption of Resolution No. 7114, if appropriate.

Actions

1. Conduct a public hearing and adopt Resolution No. 7113, declaring the house and three (3) accessory structures located on the property at 1231 Pennsylvania Street to be dangerous or unsafe, and ordering the property owner to commence substantial repairs to the structures or to remove the structures within the specified period of time, if appropriate.

2. Conduct a public hearing and adopt Resolution No. 7114, declaring the exterior yard and front porch conditions to be injurious to the health, safety and welfare of the community, and ordering the property owner to abate the conditions by removing all exterior storage and accumulated debris within the specified period of time, if appropriate.