Memorandum

City of Lawrence

Planning & Development Services

 

TO:

Diane Stoddard, Interim City Manager

 

FROM:

Kurt Schroeder, Assistant Director, Planning & Development Services

 

CC:

Scott McCullough, Director Planning & Development Services

 

Date:

July 23, 2015

 

RE:

1231 Pennsylvania Street Review - Resolution No. 7113 (Unsafe and Dangerous Structures) and Resolution No. 7114 (Exterior Yard Abatement)

 

Background

On April 21, 2015, the City Commission conducted a public hearing regarding the condition of the structures and exterior premises at 1231 Pennsylvania Street to consider the following: (1) condemn as unsafe and dangerous the single family house and accessory structures, and order the structures to be repaired or demolished within a specified period of time; and (2) declare the exterior yard and unenclosed porch conditions to be injurious to the health, safety and welfare of the community, and order the property owner to remove all exterior storage and accumulated debris within a specified period of time.

 

The property owner, Mr. Leon Kimball, and his attorney, Shelly R. Wakeman, appeared and provided testimony during the April 21, 2015 hearing.  After reviewing evidence and hearing testimony from Ms. Wakeman, city staff and the public, the Commission closed the hearing and adopted Resolution No. 7113 declaring the house and accessory structures to be unsafe and dangerous, and ordering the owner to complete substantial structural repairs to the structures or to raze and remove the structures by no later than July 22, 2015; the Commission also adopted Resolution No. 7114 ordering the owner to remove the accumulated debris, scrap and storage by June 22, 2015.  Both resolutions directed the owner and/or the owner’s agent to reappear before the Commission if the conditions were not abated to show cause why the Enforcing Officer should not be directed to raze and remove the structures and/or to remove the accumulated debris, scrap and storage from the exterior yard and porch (with the costs of remediation to be assessed to the owner and the property).

 

Status of Remediation by Property Owner

As of July 21, 2015, the property owner had made significant progress in removing accumulated debris, scrap material and stored items from the exterior yard and unenclosed porch areas.  City-provided dumpsters have been loaded with debris and scrap and have been emptied at least four (4) times; a couple loads of scrap metal have been placed in a dumpster provided by a private metal recycler and removed.  Several large trees that were causing damage to structures and fences have been removed, as has a significant amount of overgrown vegetation and tree saplings.  Despite extremely rainy weather during May and much of June, the owner has been diligently working to clean the exterior premise of the property since mid-April.

 

In addition to removal of accumulated debris, scrap material and stored items from the yard and porch areas, the owner has demolished and removed a couple of small, deteriorated accessory shed/storage structures.  The owner has not initiated action to repair or demolish the house or the remaining large accessory storage building; however, the owner’s attorney recently informed city staff that once the yard and porch were cleaned and several large trees were removed, the house and storage building would be evaluated to determine if they would be repaired or demolished by the owner.  

 

Attached are pictures of the exterior premises showing conditions as of July 21, 2015 and as they were on January 30, 2015.  Also attached are pictures of the house and shed taken on January 30, 2015.

 

Staff Recommendation

Because the owner has made substantial progress in removal of accumulated debris, scrap material and stored items from the exterior yard and porch areas at 1231 Pennsylvania Street, as directed in Resolution No. 7114, staff recommends the owner be granted a final 30 days to remove remaining debris, scrap material and/or stored items. Failure by the owner to complete removal of these items would result in abatement by the City, with all incurred costs and expenses assessed against the property. 

 

Repairs to, or demolition of the house and large accessory building have not been initiated as directed by Resolution No. 7113.  However, in mid-July, the owner’s attorney informed city staff that an in-depth analysis of required repairs to the buildings would begin soon.  Because the owner has substantially cleaned the exterior premises and removed trees/vegetation from around the structures, the owner can now more readily have an evaluation of the structures completed.  The evaluation will help the owner determine the extent of damage/deterioration to the structures, and to assess the cost and feasibility of making required repairs or demolishing the structures. 

 

Staff recommends that the owner be granted an additional 30 days to complete the structure repair and cost analysis, and determine whether the structures will be repaired or demolished.  If a decision is made by the owner in 30 days, staff recommends that the owner be granted another 60 days to substantially repair the structures or to demolish and remove them. Failure by the owner to remediate the conditions as directed by the Commission would result in abatement of the conditions by the City, with all incurred costs and expenses to be assessed against the property.

 

Action Requested

1.    Per Resolution No. 7113, open a public hearing to allow the owner of the property at 1231 Pennsylvania Street to show cause why the Enforcing Officer should not be directed to raze and remove the unsafe and dangerous single family house and accessory storage building, and take appropriate action.

2.    Per Resolution No. 7114, open a public hearing to allow the owner of the property at 1231 Pennsylvania Street to show cause why the Enforcing Officer should not be directed to remove accumulated debris, scrap and storage from the exterior yard and front porch, and take appropriate action.