LEGAL DESCRIPTION: LOT 4, BLOCK D, MILLAIR ADDITION, SEDGWICK COUNTY, KANSAS

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1 DATE: October 27, 2011 CDM SUMMARY COUNCIL DISTRICT # I ADDRESS: 1821 E. 23rd N LEGAL DESCRIPTION: LOT 4, BLOCK D, MILLAIR ADDITION, SEDGWICK COUNTY, KANSAS DESCRIPTION OF STRUCTURE: A one story frame dwelling about 23 x 41 feet in size. Vacant for at least 4 years, this structure has a shifting and cracking concrete foundation; missing vinyl siding; badly deteriorated compostion roof with holes and missing shingles; and rotted soffit, fascia, wood trim and framing members. Description of dangerous or unsafe condition(s): The property is found to be dangerous and unsafe because of the following conditions: A. Those, which have been damaged by fire, wind, want of repair, or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city. B. The structure fails to provide the necessities to decent living, which makes it, unfit for human habitation. C. Those whose use, equipment or want of good housekeeping constitutes a decided fire or safety hazard to the property itself or its occupants or which presents a decided fire or safety hazards to surrounding property or a menace to the public safety and general welfare. City Ordinance states that any one of the above categories is just cause to declare the building a public nuisance and shall be repaired or demolished. Superintendent of Central Inspection Enforcing Officer Date 1

2 DATE: October 27, 2011 BCSA GROUP # 1 ADDRESS: 1821 E. 23rd N ACTIVE FIELD FILE STARTED: January 22, 1996 NOTICE(S) ISSUED: Since January 22, 1996, a notice of improvement and numerous violation notices have been issued. In May 2005, an environmental case was initiated resulting in owner compliance. In July 2010, a neighborhood nuisance enforcement case was initiated and remains open. It should be noted that a uniform criminal complaint has been issued and it has been the subject of neighborhood court. PRE-CONDEMNATION LETTER: March 16, 2010 TAX INFORMATION: The 2009 and 2010 taxes are delinquent in the amount of $526.19, which includes interest. COST ASSESSMENTS/DATES: None PREMISE CONDITIONS: Tree waste, building material, residential bulky waste and tall grass and weeds. VACANT NEGLECTED BUILDING REPORT: Pending case NUISANCE ABATEMENT REPORT: None POLICE REPORT: There have been no reported police incidents at this location within the last five years. FORMAL CONDEMNATION ACTION INITIATED: January 10, 2011 RECENT DEVELOPMENTS: On August 16, 2011, a building permit was issued for reroof. On September 30, 2011, a building permit was issued for repair/replace south rear exterior wall studs. As of October 26, 2011, no repairs have been made and the structure is secure. HISTORIC PRESERVATION REPORT: No impact OWNER'S PAST CDM HISTORY: None BOARD OF C.S.&A. RECOMMENDATION: At the March 7, 2011, BCSA hearing Guinn Yates, wife of the property owner, attended the hearing. The active file on this property was initiated in January The 2007, 2008, 2009, and 2010 taxes are delinquent in the amount of $1, There are no special assessments against the property. There is bulky waste and tree waste on the premise; no repairs have been made to the building. The structure is unsecured with an open window on the south side. 2

3 Ms. Yates explained to the Board that her husband, the owner of the property, is currently incarcerated. She had been paying on the taxes each year, but she is now unemployed. She is still trying to fix it up on her limited income. Ms. Yates said her brother will reroof the structure; however, she will need more time to make the repairs. Board Member Crotts asked if sixty days would be adequate for completing the work. Ms. Yates said that sixty days would give her a good start. Board Member Crotts made a motion to allow sixty days to make significant progress on the repairs, pay on the delinquent taxes, and then reappear before the Board to provide an update, maintaining the site in a clean and secure condition in the interim. Board Member Willenberg seconded the motion. The motion was approved. At the May 2, 2011, BCSA hearing Mr. Alfred Yates, property owner, was present. On March 7, 2011, this property was first brought before the Board. At that time a motion was approved to allow sixty days for significant progress to be made on the repairs and pay the delinquent taxes, maintaining the property in a clean and secure condition in the interim, and then reappear before the Board to update the status of the property. The 2008, 2009, and 2010 taxes are still delinquent in the amount of $767.19; there are no Special Assessments. At the last site inspection, there was tree waste and bagged trash on the premises. No repairs had been made; however, the structure is secure. Mr. Yates extended his apologies for the current condition of the property. He explained that until very recently he had been incarcerated and unable to make repairs on the structure. Mrs. Yates also told the Board that she had paid one year, 2007, of the delinquent taxes after the March 7 hearing. Mr. Yates said that he had cleaned the yard and bagged the trash. He had been under the impression that there would be a neighborhood clean-up that would allow him to dispose of the trash. Since the photos of the property were taken, Mr. Yates said he had disposed of most of the bags of garbage. When asked by Board Member Harder what time frame he was anticipating, Mr. Yates said he would like as much time as the Board could allow. Board Member Youle inquired whether Mr. Yates had an estimated cost for the exterior repairs. Mr. Yates said he did not have any estimates. Board Member Harder made a motion that Mr. Yates be allowed until the June meeting to determine the costs involved in making the necessary repairs and then reappear to update the Board, maintaining the property in a clean and secure condition in the meantime. Board Member Youle seconded the motion. The motion carried. At the June 6, 2011, BCSA hearing The property owner, Alfred Yates, was present. At the May 2, 2011, hearing, a motion was approved to allow until the June hearing for Mr. Yates to determine the costs involved in making the necessary repairs and to reappear to update the Board with his findings, meanwhile maintaining the site in a clean and secure condition. The 2008, 2009, and 2010 taxes are still delinquent in the amount of $771.25; there are no Special Assessments. At the last site inspection, there was bulky waste and tree waste on the premises; no repairs had been made; the structure was secure. 3

4 Mr. Yates provided a copy of roofing material estimates from two suppliers. He also had estimates for replacement windows and screens. Mr. Yates said he expected to obtain a permit to begin work within the next two weeks. He said he had started to paint the wood around the windows, but he determined that the wood had rotted and would have to be replaced. The tree waste was from trimming tree branches that hung onto neighboring property; the tree waste has been removed since the last inspection. Mr. Yates told the Board that he had recently been hired for a part time job to begin the following Monday. Board Member Coonrod asked how long Mr. Yates anticipated it would take to make the exterior repairs. Mrs. Yates interjected that she and her husband were in the process of submitting applications for financial assistance for buying the materials. Mr. Yates said they were hoping for immediate financial assistance, but if it was not forthcoming, he thought it would probably take him about six months to complete the exterior repairs. Board Member Youle inquired whether Mr. Yates felt that the cost for the repairs was within his financial ability. Mr. Yates responded that he felt certain that he could pool the necessary funds over time. Board Member Harder made a motion to allow ninety days to make substantial progress on the repairs and to arrange to pay the delinquent taxes, maintaining the property in a clean and secure condition in the interim. Board Member Youle seconded the motion. The motion was approved. At the September 12, 2011, BCSA hearing Mr. Alfred Yates, owner of the property, was present. This property was first before the Board at the March 7, 2011, hearing, and most recently at the June 6, 2011, hearing. At the June hearing, Mr. Yates was granted ninety days to make substantial progress on the repairs and make arrangements to pay the delinquent taxes, while keeping the property clean and secure. The 2009 and 2010 taxes are delinquent in the amount of $520.92; there are no Special Assessments against the property. There are tall grass and weeds, volunteer trees, and bulky waste on the premise. A roofing permit was issued to Mr. Yates on August , and the rear slope of the roof has been covered with a tarp. Ms. Legge and Mr. Schroeder met with Mr. Yates on site on August 22, 2011, to discuss the repairs that needed to be made. Mr. Yates informed the Board that the check for the materials and labor for the roof repair had been written that day. The actual repairs were to begin no later than the following day. Mr. Yates said that he had paid one year of the delinquent taxes. Board Member Harder inquired whether Mr. Yates had the funds to repair the entire roof. Mr. Yates said that the money paid for repairs had been for the back half of the roof, which was in the worst condition. He added that he expected to have the funds to complete the front portion of the roof very soon. Board Member Wilhite asked when Mr. Yates anticipated having the remaining deficiencies repaired. Mr. Yates responded that the back portion of the roof will be repaired as soon as possible. He requested additional time, asserting that the financial aspect for the repairs was finally coming together. 4

5 Board Member Harder expressed concern that property had been in violation of the housing standards for more than six months, and after two lengthy extensions, there had been no substantial work done toward the repairs. Board Member Crotts asked if Mr. Yates had investigated whether financial assistance might be available for any of the repairs. In order to obtain assistance, Mr. Yates explained, the property had to be occupied; and since there is no electrical service to the house, he has been unable to live in it. Mr. Schroeder interjected that all of the delinquent taxes would have to be paid in order for Mr. Yates to qualify for the City programs offering finanical assistance. Board Member Harder made a motion to refer the property to City Council with a recommendation of condemnation, with ten days to begin wrecking the structure and ten days to complete removal of all debris. Board Member Crotts seconded the motion. The motion carried. STAFF RECOMMENDATION/REMARKS: Adopt the recommendation of the Board of Code Standards and Appeals. However, any extensions to repairs would be providing that all provisions of City Council Policy 33 are complied with. If any of these conditions are not met, staff is directed to proceed to let for bids to demolish the structure. 5