Focus Area: Legal; Economy
Staff Contact: Ron Shaver; Ryan Arter; Jamie Robichaud
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title:
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Public Hearing and consideration of Resolution No. 26-1058 regarding the structure located at 617 N. Water Street, declaring the structure to be unsafe and dangerous, and ordering the property owner to commence repairs or demolition of the structure by August 20, 2026.
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recommended motion:
Conduct the public hearing and adopt Resolution No. 26-1058 regarding the structure located at 617 N. Water Street, declaring the structure to be unsafe and dangerous, and ordering the property owner to commence repairs or demolition of the structure by August 20, 2026.
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Summary:
On May 19, 2026, the City Council adopted Resolution No. 26-1039 setting a public hearing date of July 21, 2026, for the dilapidated single-family detached house located at 617 N. Water Street, Olathe, Kansas. The house is structurally unsafe and open to the elements due to severe foundation settlement, failing exterior walls and brick ties, partial floor and roof collapse, and extensive deterioration of windows, doors, and wood framing. It presents an imminent danger to the neighborhood and violates several provisions of the Olathe Municipal Code. The owners are deceased and the surviving family members are unresponsive, so staff has initiated the statutory process for the City Council to order abatement and authorize staff to demolish the house if necessary.
On May 19, 2026, the Chief Building Official submitted to the City Council his findings based on his visual inspection of the structure. (Attachment A). The report made the following findings:
- The structure is severely deteriorated and unsafe.
- Major structural components have experienced decay or collapse.
- The property contains unsanitary and hazardous conditions.
Based on these observations, the Chief Building Official has determined that the building is unsafe and dangerous.
Staff is requesting that the City Council adopt a resolution ordering the property owner to commence repairs or demolition of the house by August 20, 2026 (Attachment B).
Notice of the Public Hearing
In accordance with K.S.A. 12-1752, the City Clerk published Resolution No. 26-1039 for two consecutive weeks on May 26 and June 2, 2026. Staff obtained a title report to identify individuals and entities to notify. To comply with statutory notice requirements, staff mailed a copy of the resolution by certified mail on May 28, 2026 marked “Deliver to Addressee Only” to the owner.
Background
The property located at 617 N. Water Street is a single-family residence formerly owned by Roger C. Huggins and Eleanor L. Huggins. Mr. Huggins died in July 1982, and Mrs. Huggins died on June 27, 2004. The deed still lists them as the owners. The City was in communication with a surviving son, Roger C, Huggins, Jr as to the condition of the property.
On March 12, 2024, the City sent certified notice to Roger C. Huggins, Jr. regarding the safety concerns related to the structure and violations of Olathe Municipal Code. The City later discovered that Roger C. Huggins, Jr. died June 23, 2024. Since that time, the City has had no contact with his siblings or any other parties with an apparent interest in the property.
No action has been taken to address the condition of the property, and City staff tagged the building as an unsafe structure on September 2, 2025.
Current Conditions
As of July 16, 2026, the owner has not applied for a repair or demolition permit for the structure. Based on exterior observation of the property on July 16, 2026, the owner has made no repairs, and the dangerous condition of the structure remains the same.
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Financial Information:
The financial impact to the City would be the demolition costs which are estimated to be approximately $25,000 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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Attachment(s):
A. Statement of Unsafe and Dangerous Structure 617 N. Water Street
B. Resolution 26-1058 Declaring 617 N. Water St. Unsafe and Dangerous