Title
HEARING FOR STRUCTURE AT 4224 GREENHAVEN CLAIMED TO BE DANGEROUS OR UNSAFE.
Presented by: Chris W. Labrum, Director, Metropolitan Area Building and Construction Department.
RECOMMENDED ACTION: Open the hearing, receive public comment, and close the hearing. Adopt the resolution and authorize the Chairman to sign.
Body
On or about July 20, 2018, fire damage occurred to a residence at 4224 S. Greenhaven St., Wichita, Kansas, which is in the unincorporated area of Sedgwick County.
Pursuant to K.S.A. 40-3903 and Wichita-Sedgwick County Unified Building and Trade Code Sec. 2.6.010 et seq., Sedgwick County received 15.0 percent of the insurance proceeds ($6,750.00) on September 7, 2018. The purpose for receipt of insurance proceeds is to provide an avenue for the County to make a dangerous, unsafe, or abandoned structure safe and secure through repair or demolition, if the owner-for whatever reason, does not make safe, repair, or demolish the structure.
Chris Labrum, Director of the Metropolitan Area Building and Construction Department, has filed a statement in writing that it is his belief the structure at 4224 S. Greenhaven St. remains dangerous and unsafe.
Alternatives: Do not open the hearing and allow the property to remain as is, unless the owner takes steps to cause the property to no longer be dangerous or unsafe. The BOCC can also reach findings that differ from the resolution that has been proposed.
Financial Considerations: Holding of these insurance proceeds mitigates the use of General Fund dollars in the event Sedgwick County becomes responsible for abating this property.
Legal Considerations: Pursuant to K.S.A. 40-3903, K.S.A. 12-1752, and Sec. 2.6.010 of the Wichita-Sedgwick County Unified Building and Trade Code, the County was required to institute legal proceedings within 30 days of the receipt of the insurance proceeds by setting the public hearing, or to release the insurance proceeds to the insured. Notice of the hearing was published twice in the newspaper on the same day of the week for two consecutive weeks as required. After the first publication, notice was also mailed to the owner, agent, lienholder, and occupant. The BOCC is required to hold a public hearing on this matter. On the date of the public hearing, the BOCC is required to hear the evidence submitted by the owner, the owner’s agent, lienholders of record, and occupants having an interest in the structure, as well as the evidence submitted by County staff. The BOCC is then tasked with making findings by resolution. If the BOCC finds that the structure is unsafe or dangerous, the resolution shall direct the structure to be repaired or removed and the premises made safe and secure. The resolution shall be published once in the official county paper and a copy mailed to the owners, agents, lienholders of record, and occupants within three (3) days of publication. The resolution shall fix a reasonable time within which the repair or removal of the structure must be commenced and a statement that if the owner fails to commence the repair or removal within that time or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be repaired or razed and removed. Approval of the resolution requires a simple majority vote.
Policy Considerations: N/A
Outside Attendees: Unknown.
Multimedia Presentation: Photos attached.