Focus Area: Economy; Legal
Staff Contact: Jamie Robichaud; Ryan Arter; Chris Grunewald
Subject: Unsafe and Dangerous Structure at 413 S. Cherry Street, Olathe, Kansas
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Public Hearing and consideration of Resolution No. 24-1046 regarding the structure (single-family detached house) located at 413 S. Cherry Street, declaring the structure to be unsafe and dangerous, and ordering the property owner to commence repairs or demolition of the structure by October 3, 2024.
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Summary:
On July 16, 2024, the City Council adopted Resolution No. 24-1033 setting a public hearing date of September 3, 2024, for the fire-damaged and dilapidated single-family detached house located at 413 S. Cherry Street, Olathe, Kansas. The home at 413 S. Cherry Street was significantly damaged by a fire in 2012 and has been unoccupied since then. The structure has several holes in the roof, has shifted off of its foundation, and is showing signs of collapsing. It presents an imminent danger to the neighborhood and violates several provisions the Olathe Municipal Code. The owner refuses to abate the danger so staff has initiated the statutory process for the City Council to order abatement and authorize staff to demolish the house if necessary. On July 12, 2024, the Chief Building Official submitted to the City Council his findings based on a structural engineer’s interior inspection of the structure (Attachment A). Staff is requesting that the City Council adopt a resolution ordering the property owner to commence repairs or demolition of the house by October 3, 2024 (Attachment B). This memo provides information regarding the statutory process and the dangerous conditions.
Notice of the Public Hearing
In accordance with K.S.A. 12-1752, the City Clerk published Resolution No. 24-1033 for two consecutive weeks on July 23 and July 30, 2024. Staff obtained a title report to identify individuals and entities to notify. To comply with the statutory notice requirements, staff mailed a copy of the resolution by certified mail on July 24, 2024, marked “Deliver to Addressee Only” to the owner, Loren Brownlee, Jr., and to the only lienholder of record, which is the City of Olathe which has a tax lien based on the unpaid costs for the May 2023 City costs for removing junk and wrecking an unsafe detached garage. Staff also posted a copy of the resolution at the property on July 24, 2024.
Background
Since the fire in 2012, the property has not had electric, gas, or water utility services. No electric power can be provided to the property until significant repairs are made to the electrical service and wiring throughout the structure.
In October 2022, the City sent notices of violation to the owner, Loren Brownlee Jr., for having inoperable vehicles and unsanitary debris outside and for a detached garage full of unsanitary debris and in danger of collapse. Although the owner cleaned up and removed the trash and debris in the rear yard, he failed to correct any of the other violations.
In early 2023, the City issued citations to the owner for violations of the Olathe Municipal Code regarding property maintenance (Chapter 15.22) and creating a health and safety nuisance (Chapter 6.06). These citations resulted in two separate Codes Docket cases in Olathe Municipal Court. Case No. 23V102705 cited the owner for inoperable vehicles. Case No. 23V102706 cited the owner for a small, dilapidated detached one-car garage which was full of junk, attracting pests, and in danger of collapsing. The owner refused to appear and in Municipal Court and failed to make any house repairs, remove or repair the garage, or clean up the yard. The Municipal Court set both cases for trial on March 6, 2023, and the owner failed to appear. The Municipal Court issued bench warrants for the owner.
In late February and early March 2023, staff received complaints about the return of unsanitary trash and debris to the rear yard of the property. Based on the continued health and safety violations, staff pursued the civil abatement process to remove the exterior hazards from the property. In mid-March 2023, staff provided the proper legal notice under Chapter 6 of the Olathe Municipal Code for the City to undertake abatement of hazards. The notice explained that the owner’s failure to act within 10 days would authorize the City to complete the abatement and assess the City’s abatement costs the property.
The owner failed to remove the vehicles and debris and failed to repair or remove the detached garage to make it safe. On March 27, 2023, City staff met the owner at the property and explained that the City was removing the junk and debris and demolishing the garage, and the owner acknowledged and agreed to cooperate with the City’s abatement. The City’s contractors removed the junk and debris and demolished the garage, and those costs (approximately $6,000) have now been assessed to the property as a portion of the real estate taxes assessed and collected by Johnson County.
The Codes Docket cases were continued until June 2023. On June 15, the owner appeared in Municipal Court. In Case No. 23V102706 (dilapidated garage), the City dismissed the case because the City had already abated the violations by demolishing the garage in addition to removing all the junk and inoperable vehicles. In Case No. 23V102705 (inoperable vehicles), the owner pled guilty and was assessed a fine of $250 which was suspended for 12 months provided the owner came into compliance and had no further violations. In April 2023, the owner returned inoperable vehicles to the property in violation of the conditions of his plea agreement. The City filed a motion to impose the fine, which the Municipal Court granted, and the owner has never paid the fine. The fine has been sent to collection.
Based on the concern over the structural stability of the house, in June 2023, City staff requested that the owner grant the City interior access. The owner refused, so staff filed a request with the Johnson County District Court for an administrative search warrant to gain entry. The District Court granted the administrative warrant on August 16, 2023, and staff entered the property on August 17, 2023. Unfortunately, the interior was so full of material, including trash and debris, that a full structural examination was impossible.
In September 2023, staff prepared a new Violation Notice for a multitude of property maintenance violations (Chapter 15.22) based on the limited interior inspection. These violations, which remain uncorrected as of today, include foundation cracking, electrical hazards, and unsanitary conditions in the property which attract pests.
Staff returned to the Johnson County District Court to request a second administrative search warrant for the structure’s interior, which was granted on May 30, 2024. To ensure a successful inspection and structural evaluation, City staff contracted in advance for a structural engineer to conduct the inspection and prepare a written structural evaluation and for a junk removal contractor to temporarily remove items from the house as needed so that the engineer could gain sufficient access to evaluate the structure. The second warrant was executed on site on May 31, 2024, and the engineer successfully completed the interior and structural inspection.
Current Conditions
The structural engineer’s report (included in Attachment A) made the following findings:
• The front entrance is boarded up and many windows have been painted over.
• The foundation mortar joints have cracking which indicates foundation movement.
• A portion of the floor is bowing so significantly that it appears that some parts of the house framing are now resting on the ground instead of the foundation.
• In the dining room, both the ceiling above the northwest corner and the floor in the southeast corner are caving downward and are at risk of collapse.
• The roof structure along the south wall of the house is significantly decayed and will continue to deteriorate due to continued exposure.
The engineer concluded that the house is structurally unsafe because it is partially collapsed and portions lack necessary support of the ground. Based on the report, the Chief Building Official has determined that the building is unsafe and dangerous.
As of August 28, 2024, the owner has not applied for a repair or demolition permit for the structure. Based on exterior observation of the property on August 28, 2024, the owner has made no repairs, and the dangerous condition of the structure remains the same.
Staff Recommendation
Staff recommends approving Resolution No. 24-1046 (Attachment B) ordering commencement of repair or demolition of the structure by October 3, 2024.
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Financial Impact:
The financial impact to the City would be the demolition costs which are estimated to be approximately $30,000 if the controlling parties fail to repair or demolish the structure in accordance with the Resolution. The City will obtain bids or use a price agreement for demolition services. The City would invoice the property owner for the costs. If the property owner failed to pay for the cost of demolition, the City would attach those costs as a special assessment to the property tax bill.
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Action Needed:
Conduct a public hearing and approve or deny Resolution No. 23-1046.
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Attachment(s):
A: Statement of Unsafe and Dangerous Structure 413 S. Cherry St., Olathe, Kansas
B: Resolution No. 24-1046 Declaring 413 S. Cherry St. Unsafe and Dangerous