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5.1 Dangerous Structures CITY OF SALINA ~QUEST FOR COMMISSION ACTION DATE TIME 9/16/1 ~91 P.M. ~AGENOA SECTION: Public Hearings and Items ORIGINATING DEPARTMENT: APPROVED FOR NO. 5 Scheduled Ar a Certain Time COMMUNITY DEVELOPMENT AGENDA: .... Permits and Inspection ITEM Division ~/f BY: MiChael E. Peterson BY: On August .9, 1991, the City Commissio~ (by adoption of Resolution 91- 4350) set September 16, 1991, as the date for a public hearing to provide any owner, owner's agent, lienholder of record and any occupant of the structures listed in Resolution 91-4350 an opportunity to appear and show cause why such structure should not be condemned and ordered repaired or demolished. The original list of buildings included 29 structures. Four structures have been demolished; Work has begun but is not completed on six other structures. The garage behind 1228 North 7th and the house at 410 West Elm cannot be acted upon because we were unable to notify all parties with an interest in these properties. We have begun nuisance abatement procedures instead. The Permits and Inspection Division has prepared'reports (see attached) on each of the remaining 23 structures. The reports and evaluation were done using the 18 criteria listed in Section 302 of the Uniform Code for the Abatement of Dangerous Structures (see attached). Our report is expressed by listing the conditions which were found to exist for each property. It is recommended that, upon closure of the public hearing, the enclosed resolution be adopted. The resolution requires repair or removal and sets a time frame for initiation and completion of work. Enclosures: Dangerous Structures Criteria Dangerous Structures Report Resolution 91-q379 COMMISSION ACTION MOTION BY SECOND BY TO: DANGEROUS STRUCTURES REPORT To: Salina City Commission From: Michael E. Peterson, Chief Building and Zoning Inspector Date: September 5, 1991 This is an evaluation report based on eighteen conditions or defects which are taken from Section 3~P~ of the 1988 Uniform Code for the Abatement of Dangerous Structures. Those conditions are as follows: Dangerous Building Sec. 302. For the purpose of this code, any b~ilding or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist to the extent that the life, health, property or safety of ithe public or its occupants are endangered: 1. Whenever any door, aisle, passageway, ktair'way or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, tom or otherwise unsafe as to not provide safe and adequate means of exit in case of fire Or panic. 3. Whenever the stress in any materials, m~mber or portion thereof, due to ali dead and live loads, is more than one and on(: half times the working stress or stresses allowed in the Building Code for new buildings of similar structure, purpose or location. 4. Whenever any portion thereof has be,~n damaged by fire, earthquake, wind, flood or by any other cause, to such an eatent that the structural strength or stability thereof is materially less than it was ~fore such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location. 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property. 6. Whenever any portion of a building, Or any member, appurtenance or ornamentation on the exterior thereof is not of Sufficient strength or stability, or is not so anchored, attached or fastened in plac~ so as to be capable of resisting a wind pressure of one half of that specified in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings. 7. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the ease of similar new construction. 8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration or decay; (ii) faulty e'onstruction; (iii) the removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its foundation; or (v) any other cause, is likely to I~artially or completely collapse. 9. Whenever, for any reason, the building Or structure, or any portion thereof, is manifestly unsafe for the purpose for which lit is being used. 10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fail inside the middle one third of the base. l 1. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its s~pporting member or members, or 50 percent damage or deterioration of its non~upporting members, enclosing or outside walls or coverings. ~ at~-ac:i~'e ~u~s~c: :o chii~r:n: ~i';: ~ber for va~2n~, :~minais or ~mmer~l ~ons: or ~s :o {[[['~ cna~ie ~c:~c~s :o :~sor~ mers:o for :he pu~os¢ of co--t- 13. ~eneve: such building or s~Jccur~ ~v(ded by ~e buildia~ rezuladoas of ~s cky. ~s s~c~ed m ~e Building C~e or Housing C~de, or or,ny law or ordinance o6 :his 1~. '~¢ncver ~c:erd~c: -~id~ ~I ~ppiicabie [x'~'s ~nd o~dinanc:s, has b ~ny no:sup~r:i:g p~c. member or ~rdon [es~ :hah %0 ~rcenc. or in any supporc[nB ?~c. mem~r or ?ordon :ess ~ 66 ~:c:~c o6 ~e (E) s~cn~ch, (~i) ~rc-:~sis:ing quaikies or chart:ds:irs, or (lid '~e~6~r-r:sisctn~ qualities or ch~c:edscics required by [aw in :he c~e oFa ne,~iy coRse-dc:ed buiIding o6 iike ~:~. hei~hc and occupancy in ~e same Ii, ~enever a bu{Id{n~ or s~Jc::Fe, us4d or [n:ended ~o be used for d~'ellinB ?u~ses. ~cause oF ~nadcquace ma[ncenanc:, dilapidation, decay, damage. faulty consc~ction or ~n~c~ent, inadequU:e tighc, air or sankation facilkics, or ocher~ise. Es de:e:ined by :he he,kb o~¢cr ~o be unsank~, untie For human habitation or in such a condkion ~hac is Iikc!~ to cause sickness or disease. 16. ~k~enever an'/buiIdin~ or swdc:ur:, ~c~se of obsolescence, dilapiduccd coudidon, de::do~don, damage, inadequam ¢xks, tack o6 sufficienc fire-resis- tive co~c:ion. 6auky eIec~c w~ng, g~ ¢onneccions or h~dng app~ums, or o~er c~s¢. is dece:ined by ~e ~re m~sh~l m ~ a fire h~d. I7. ~k~enever ~7 build}n~ or s~cture Es ~n such a condition as to constitute a public nuis~ce ~own ~o ~e co--on law or in ~quky judspmdehce. 18. ~enever ~y ~rcion o6 a building ot s~ctum rem~ns on a si't: ~ter the demolition or desertion o6 ~e building or s~cture or whenever any building or s~ct~e is abandoned for a ~dod in excess Of six months so as ~o constitute such buUding or ~rtion ~ereo6 an atu~ctive nuisanc: or h~d to tho public. The applicable conditions are listed for each property. Following the conditions, a staff recommendation is given as to the type of work we believe to be an appropriate solution to eliminate these conditions or defects. The owners will, however, ibe able to choose to repair or remove under State law. In addition, if they fail to take the necessary action to repair or remowe, the City is Only allowed to raze (demolish) the structure as a solution. If an owneir chooses to repair when we recommend removal, the owners are free to do so as long as they meet all applicable City codes (i.e. building, zoning, etc.). In all cases, we expect the owner to eliminate all debris and uncontrolled vegetation. State law requires that a reasonable time be established within which the repair or removal shall be commenced and completed. In ail cases we recommend that the owner or authorized agent begin work no later than October 1, 1991 and that all work be substantially completed by November ]5, 1991. The term "begin work" is intended to mean that the Permits and Inspection Division has been givein a completed application for the necessary permits and repair or removal work has begun. September 9, 1991 ID TRACT ADDRESS AND LEGAL DESCRIPTION - TYPE OF BUILDING 086-13-0-20-20-001.00-0 1. 200 South Third Street - House and Garage Legally described as Lot 140 and the North 1/2 of Lot 142, Third Street, Original Town iof Sa[ina. Conditions / defects present: 1, 2, 3, 5, 7, 8, 9, 12, 13, 15, 17 Recommendation: ' Rem(~ve structure 086-13-0-20-19-005.00-0 2. 201 South Third Street- House Legally described as the North 50' of Lot 5, South Park, Original Town of Sa[ina. Conditions / defects present: 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18 Recommendation: RemO~e structure , 086-13-0- 20- 31-003.00-0 3. 326 South Third Street- Two accessory buildings. Legally described as I~ot 182 and Lot 184, less Smoky Hill River, Third Street, Original Town of Sa[ina Conditions / defects present: 2, 3, 4, 5, 6, 7, 8, 9, 11, 12, 13, 14, 16, 17 Recommendation: RemoVe structure 081-01 - 0- 30-14-013.00-0 4. 1113 North Fourth Street - House Legally described as Lots 8, 10, 12, 14, Block 16, Episcopal Military Institute AdditiOn. Conditions / defects present: 1, 2, 3, 5, 7, 8, 9, 11, 12, 13, 15, 16, 17, 18 Recommendation: RemoVe structure 081-12-0-20-12-015.00-0 5. 719 North Fifth Street- House Legally described as Lot 16, Block 16, Pacific Addition. Conditions / defects present: 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18 Recommendation: Rem0ve structure 081-01-0-30-16-005.00-0 6. 1116 North Seventh Street - House and Garage Legally described as Lot 13, Block 14, Episcopal Military Institute Addition Conditions / defects present: 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18 Recommendation: RemOve structures 081-01 - 0- 30- 07- 003.00-0 7. 1228 North Seventh St~'eet - Garage Legally described as Lot 19, less the East 30 feet, Block 23, Episcopal Military Institute Addition This structure cannot be considered because we were not able to notify all parties. (ExClude from Resolution) 081-11-0-10-20-014.00-0 8. 348 North Twelfth Street - Commercial Building Legally described as West 54' of Lots 10 and 11, Twelfth Street, Weavers Addition. Conditions / defects present: 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 17 Recommendation: RemO~'e structure 081-11-0-10-20-014.00-0 9. 517 North Twelfth Street - HOuse Legally described as Lot 16, Block 1, Wellingtons Addition Conditions / defects ]present: 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, 12, 13, 14, 15, 17, 18 Recommendation: Ren~ove structure 081 - 12- 0-40-19- 006.00-0 10. 1016 East Ash Street . House and Garage Legally described as East 50' of Lot 26, Surveyor's Plat "G" Conditions / defects present: 1, 2, 5, 8, 12, 13, 15, 17, 18 Recommendation: Repair house and remove garage. 086-14-0-10-20-012.00-0 11. 710 Cedar Street - Garage Legally described as Lot 7, Cedar Street, Phillips Third Addition Structure has been removed. (Exclude from Resolution) 081-01 - 0- 20-02-011.00-0 12. #12 College Court - Shed Legally described as LOt 12, College Court Addition Structure has been removed. (Exclude from Resolution) 086-24-0-30-12-010.00-0 13. 201 East Ellsworth Avenue - House and two (2) accessory buildings Legally described as Lot 2, EllSworth Avenue, Addition to the Grounds of Kansas WeSleyan University Addition. Conditions ! defects present: 1, 2, 4, 6, 8, 10, 13, 14, 15, 17, 18 Recommendation: RemOve structures 081 - 11- 0-40-11-015.00-0 14. 410 West Elm Street - House Legally described as Lot 6 and the East 1/2 of Lot 7, Elm Street, Bishops Addition This structure cannot be considered because we were not able to notify all parties. (Exclude from Resolution) 086-13-0-10-06-017.00-0 15. 615 Gypsum Avenue - Garage Legally described as West 20' of Lot 8 and the East 45' of Lot 9, Block 6, Oakdale Addition Conditions / defects present: 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 17 Recommendation: RemoTe structure 086-13-0-10-09-014.00-0 16. 901 Gypsum Avenue - House, Garage and Shed Legally described as Lot 14, Block 9, Oakdale Addition Conditions / defects present: 1, 2, 5, 6, 7, 8, 10, 12, 13, 15, 17 Recommendation: Remove structures 086-13-0-10-07 -007.00-0 17. 121 South Oakdale Avenue - House Legally described as East 32.5' of Lot 8 and East 32.5' of the North 10' of Lot 9, Block 7, Oakdale Addition Conditions / defects present: 1, 2, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15, 16, 17, 18 Recommendation: Remove structure 081-12-0-20-05-001.00-0 18. 104 East Pacific Street - Commercial Buildings Legally described as Lot 2, Block 8, Pacific Addition Conditions / defects present: 1, 2, 4, 11, '12, 14, 17, 18 Recommendation: Remove structures 081-01-0-40-01-009.00- 0- 01 19. 1035 East Pacific Street- Commercial Building Legally described as East 130' of the West 1138' of the East 1/2 of the Southeast Quarter iof Section 1, Township 14 South, Range 3 West of the 6th Principal Meridian Conditions / defects present: 1, 2, 3, 4, 5, 6, 7, 8, 11, 12, 14, 17, 18 Recommendation: Remove structure 086-13-0-20-19-002.00-0-01 and 086i-13-0-20-19-007.00-0-01 20. 416 1/2 East Walnut Street - House Legally described as SoUth 50' of Lot 1, South 40' of Lot 2, all of Lot 3, South Park, Original Town of Salina Conditions / defects present: 1, 2, 7, 8, 11, 12, 13, 15, 17 Recommendation: Remove structure