8.13 Dangerous StructuresCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10-04-10 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
8
AGENDA:
NO:
Development Services
Building Services Division
ITEM
NO:13
BY: Paul Curry BY:
Page 1
ITEM: Resolution No. 10-6770
A resolution setting the date for a public hearing to consider whether a cert ain structure shall be
condemned and ordered demolished or repaired.
BACKGROUND:
The Division of Building Services is responsible fo r ensuring that all property within the city meets
various building codes and does not pose a risk to the general public. To meet this goal, staff
responds to customer service requests regarding po ssible dangerous structures, as well as self-
initiating a service request if they observe a structure that appears to present a danger to the public.
An inspection of the property is completed using criteria listed in the 199 7 Uniform Code for the
Abatement of Dangerous Structures, (“UCADS”) Chapter 3 Section 302.
When it is determined that a st ructure is dangerous, contact is ma de with the property owner to
review staff findings and to improve the condition of the structure or to demolish it. Frequently,
owners complete the required improvements and the structure is removed from the dangerous
structure category. However, in some cases, insufficient or no progress is made and the Building
Official must take the required legal action to abate the structure. Pursuant to the UCADS, notice was
provided to the property owners and lien holders des cribing the condition of the property and the
criteria in Section 302. (See Exhibit A, a copy of one of the seven notices.) In this case, neither the
owners nor the lien holder complied with the notice.
Kansas Statutes Annot ated, Sections 12-1750-1756f, provides the authority and the required
procedures for cities to take to eliminate dangerous structures. In accordance with these
requirements the Building Offici al provides the City Commissi on with a report detailing the
deficiencies of the identified pr operties and requests a date to be set for a public hearing. The
purpose of the hearing is to allo w the owner, owner’s agent, any li en holders of record and any
occupant of the property to appear and to show cause why such structure should not be condemned
and ordered demolished. Attached (See Exhibit B) is a description of the property that has been
determined by the Building Official to be a dangerous structure.
The steps to consider abatement of the identified dangerous structure are as follows:
October 4, 2010 Adopt Resolution No. 10-6770 setting public hearing
October 7, 2010 First publication of Resolution No. 10-6770
October 7, 2010 Deadline to send copy of resolution to property owners and lien holders.
October 13, 2010 Second publication of Resolution No. 10-6770.
November 15, 2010 Conduct the public hearing. Consider ation of a resolution ordering repair or removal
of the structure on or before December 31, 2010.
January 2, 2011 If repairs or demolition is not completed, inspected and approved, the City shall
proceed with actions to demolish structure.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
10-04-10 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
8
AGENDA:
NO:
Development Services
Building Services Division
ITEM
NO:13
BY: Paul Curry BY:
Page 2
FISCAL NOTE:
Adoption of this resolution has no immediate fiscal impact, however if the City Commission ultimately
takes action to order abatement there will be a cost to demolish and remove or to repair the structure.
The City will attempt to recover abatement expens e by allowing the prop erty owners and/or lien
holder to pay the cost of the abatement and administrative fee to the City Clerk’s Office within 30
days of invoicing. If no payment is received, the charges will be certified to the Saline County Clerk
and placed on the 2011 property tax rolls.
CONFORMANCE WITH STRATEGIC PLAN:
Goal No. 1.
The City will create a community of mixed use, quality development and redevelopment.
Goal No. 3.
The City will provide the highest quality services, consistent with governing body
direction, available resources and staff commitment to quality.
RECOMMENDED ACTION:
Staff has identified the following alternatives for the City Commission. Staff recommends Option 1.
1. Adopt Resolution No. 10-6770 setting November 15, 2010 as t he public hearing date for
review of the dangerous structure located at 114 East Prescott in Salina, Kansas.
2. Refer this item back to the De velopment Services Dept. for additional study as directed by the
City Commission.
3. Decline to set a public hearing for this dangerous structure.
Division of Building Services – Dept. of Development Services
City-County Building Rm. 201 300 West Ash Street
P.O. Box 736 Salina, Kansas 67402-0736
TELEPHONE (785) 309-5715 FAX (785) 309-5713
Email: building.services@salina.org
Notice and Order to Abate Dangerous Building
Date: August 27, 2010
EXHIBIT A
To Owner: Vanessa Manwaring
th
Mailing Address: 334 S. 8 Street, Salina, Kansas 67401
Property Location: 114 E. Prescott
Parcel ID Number: 086-13-0-30-09-004.00-0-01
Legal Description: Lot Four (4) and East Fifty-Five Feet(55’) of lot seven (7), Block two (2), Santa Fe Park
Addition to the City of Salina, Saline County, Kansas.
Violation:
Maintaining a structure in non-compliance to Salina Municipal Code Section(s) 18-7“Every dwelling
and every part thereof shall be maintained in good repair by the owner or agent and shall be fit for human
habitation….All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls and ceilings
shall be kept in good repair and good usable condition.”; and
Pursuant to Section 302 of the 1997 Uniform Code for Abatement of Dangerous Buildings, as adopted by
Ordinance 04-10208 and referenced in Chapter 8 Section 8-201 of the Salina Municipal Code, the Building
Official has determined that the single family dwelling located at 114 E. Prescott is a dangerous building and must
be demolished. A dangerous structures assessment, based on Section 302, #1 through #18, was performed on
January 28, 2010, and a follow up inspection to confirm current conditions was performed on August 26, 2010.
However access to the interior was not provided so inspection of only the exterior was performed. Findings are
as follows:
Section 302, #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 person or damage property.
Finding: Foundation has become detached or dislodged. The foundation on the west side is bowed in at
least 4 inches; foundation on the south is bowed 4-6 inches; foundation on the east is missing a five foot
section of exterior brick face and has walls that are bowed 4 to 8 inches. A portion of the bottom plate is
not supported by the foundation on the east side.
Section 302, #8. Whenever the building or structure, or any portion thereof, because of (1) dilapidation,
deterioration or decay; (2) faulty construction; (3) the removal, movement or instability of any portion of
the ground necessary for the purpose of supporting such building; (4) the deterioration, decay or
inadequacy of its foundation; or (5) any other cause is likely to partially or completely collapse
Finding: Collapse could potentially occur if load is supplied. (house is currently vacant)
Section 302, #18. Whenever any portion of a building or structure remains on a site after the demolition
or destruction of the building or structure or whenever any building or structure is abandoned for a period
in excess of six months so as to constitute such building or portion thereof an attractive nuisance or
hazard to the public.
Finding: House has been vacant for more than six months resulting in a condition that is an attractive
nuisance.
Page 1 of 2, 114 E. Prescott Res. 10-6770, Exhibit A, Copy of 1 of 7 notices sent to property owners an d lien holders
Action to be taken as determined by the Building Official:
On or before September 9, 2010
1. – Apply for a permit to demolish the building. In addition to all
application submittal requirements, a City of Salina licensed contractor, specifically Class A, B, C or
specialty demolition, shall be declared on the permit and shall perform the demolition. The licensed
contractor may apply for the appropriate permit on behalf of the owner of the property.
On or before September 14, 2010
2. – Obtain approved demolition permit.
On or before September 30, 2010
3. – Complete demolition of building and obtain all required and
approved inspections.
In Addition –
4.From the date of this notice until the completion of demolition the building shall remain
vacant.
You are hereby ordered to abate the dangerous building on or before the above indicated expiration dates or
time periods. If any required demolition work is not commenced within the time specified, the building official
(i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii)
in the manner provided by K.S.A.
may proceed to cause the dangerous building to be abated by demolition
12-1750 et.al and the 1997 Uniform Code for the Abatement of Dangerous Buildings.
The cost of such
abatement shall be assessed and charged against the lot or parcel, or shall be collected as a personal debt of
the property owner in the manner provided by K.S.A. 12-1,115, or both. In addition to or in lieu of the city
abating the dangerous building the City Prosecutor may file charges in Municipal Court.
Any person having any record title or legal interest in the building may appeal from the notice and order or
any action of the building official to the Board of Appeals, provided the appeal is made in writing as provided
in the 1997 Uniform Code for the Abatement of Dangerous Buildings and filed with the building official at the
Building Services Dept., Room 201, City-County Building, Salina, Kansas, within 30 days from the date of
service of this notice and order. Failure to appeal will constitute waiver of all right to an administrative hearing
and determination of the matter.
Please contact the person listed below at 785-309-5715, if you have questions regarding this violation.
______________________________________
(Signature)
Ron Michaelsen
Building Services Inspector
Building Services Division
Page 2 of 2, 114 E. Prescott Res. 10-6770, Exhibit A, Copy of 1 of 7 notices sent to property owners an d lien holders
Division of Building Services TELEPHONE · (785) 309-571 5
City-County Building, Room 201 FAX · (785) 309-5713
300 West Ash · P.O. Box 736 E-MAIL · building.services@s alina.org
Salina, Kansas 67402-0736 WEBSITE · www.salina-ks.gov
EXHIBIT B
Building Official’s Request for Condemnation
The City of Salina Building Services Division has determined that the following structure is a
dangerous and unsafe structure as defined by the City of Salina Ordinances and Kansas Statutes
Annotated.
Address:
114 E. Prescott, Salina, Kansas
Legal Description:
Lot Four (4) and East Fifty-Five Feet (55’) of Lot Seven (7), Block Two
(2), Santa Fe Park Addition to the City of Salina, Saline County, Kansas
Occupancy Status:
Vacant
Building Description:
Single Family Dwelling
Appraised value of the structure
- $63,810 (per Saline Co. Appraiser’s office as of 1-1-10)
Note: The appraiser’s office was not aware of the condition of the foundation and did say they would make a
note for the field appraiser to take a closer look at that when appraisals are performed this year.
Mortgage balance
(in foreclosure) - $28,000
Taxes and other assessments owed
- $7,196.05
Subject property is a single family dwelling that has been vacant for quite some time. There has not
been an active water customer account for this house since June 2005. The house was part of an
estate which was distributed to five surviving siblings. Some of the siblings live locally and some live
out of the area. The home mo rtgage was foreclosed on in 2008 but never sold at Sheriff’s sale.
Currently, because of the condition of the foundation, the house is uninhabitable.
During the last year city staff has been actively working the case; there have been occasions when
the house has been unsecured and open. After the last citizen call about the house being unsecured,
staff installed a padlock on the rear (south) door.Notices were sent in February 2010 and again in
August 2010 by certified mail to all known owners and parties who may have a financial interest in the
property. Most of those recipients of the notices did not respond at all, and none responded in a
manner indicating a desire to take responsibility for any repairs or demolition. The notice included
findings made by the building official upon inspection of the exterior of the residence. An inspection of
the property was completed using criteria listed in the 1997 Unifo rm Code for the Abatement of
Dangerous Structures, Chapter 3 Section 302. The building official’s findings are:
Section 302, #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 person or damage property.
Finding: Foundation has become detached or dislodged. The foundation on the west side is
Page 1 of 6 114 E. Prescott Exhibit B Resolution 10-6770
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Page 4 of 6 114 E. Prescott Exhibit B Resolution 10-6770
Page 5 of 6 114 E. Prescott Exhibit B Resolution 10-6770
Page 6 of 6 114 E. Prescott Exhibit B Resolution 10-6770