Nuisance Abatement Hearing
Meeting of: August 2, 2018
To: Nuisance Abatement Hearing Officer
From: Development Services Department
Title:
title
Consideration, discussion and possible declaration that 19223 East 101st Street South, Lot 1 Block 1, County Line Food Mart, Tulsa County; as a dilapidated structure and a public nuisance and authorization to demolish the property; Case No. 18-10029649. Violations: Title 11 O.S. § 22-111 and § 22-112; City Nuisance Code 15-1 C.15 and 15-4 and 15-1 D.10 a & b.
End
Background:
On January 4, 2018, Code Enforcement opened a case for a dilapidated structure at 19223 East 101st Street South. An inspection showed the property to be in the following condition, which according to State Statute and City Ordinance meets the definition of a dilapidated structure and eligible for demolition: Structure has been boarded and secured for more than eighteen months and there has been no active water account since September 26, 2005. The structure is in a dilapidated state and is an attractive nuisance.
A Notice to Abate a Nuisance Public Hearing for rehabilitation or demolition of the dilapidated structure was posted on the property and mailed certified to the property owner on January 4, 2018 advising the owner of the public to be held on March 1, 2018. Staff met with the owner of the property on January 30, 2018 at which time, staff explained the procedure for the posting. The owner said they intended to remove the structure and redevelop the property. Staff had a predevelopment meeting with the owner on February 15, 2018 to discuss the redevelopment of the property. During the meeting, the owner said the existing structure would be removed by March 1. The owner sent us a copy of bids to demo the structure. We agreed to remove the item from the agenda for the March 1st public hearing. Shortly after staff noticed the electric service to the structure had been turned on. The Development Services Director contacted the owner and advised them to have the electric service turned off due to the fact it had been reconnected without proper inspections.
On April 23, 2018, the Development Services Director sent the owner an email advising, that due to the fact the structure had not been demolished as promised, the abatement of the existing building will go before the Public Nuisance Hearing board. The owner responded stating they did not want to remove the structure unless they were guaranteed they could redevelop the site as they had purposed. The Development Services Director informed the owner that at no time was the existing building and proposed development connected. We agreed to hold off on taking the structure to public hearing because the owner indicated that the building would be removed by March 1. This did not happen.
A Notice to Abate a Nuisance Public Hearing for rehabilitation or demolition of the dilapidated structure was posted on the property and mailed certified to the property owner on April 30, 2018 advising the owner of the public to be held on June 7, 2018. This case was held and is to be heard July 5, 2018 at the request of the property owner.
There have been no applications filed for a building permit or a demolition permit.
Staff coordinated another follow up meeting with the Owner to discuss the redevelopment of the property and specific questions related to the zoning code on Tuesday, May 8, 2018. Staff explained the previously posting of the property related to 2 issues. First, the dilapidated condition of the existing structure and its non-compliance with State Statute and City ordinances. Second, the property has set vacant for more than 6 months and is zoned A-CN. This triggers rezoning and the property and structure to be brought into compliance with current City of Broken Arrow zoning, land subdivision, engineering and building codes. Both reasons warrant the inability of the existing structure to be remodeled. This includes the surrounding paved areas, underground tanks and drive approaches. This case is a continuation from July 5, 2018.
Staff has spoken with the Owner and his Attorney and we believe that they do plan to move forward with redevelopment of the property. They have had some unexpected delays due to medical issues with the Owner.
Staff recommends providing the applicant a period of 120 days to secure an additional piece of property from AEP-PSO and submittal of a rezoning and possible Planned Unit Development (PUD). Should this not be accomplished, staff will bring this case back before the Hearing officer recommending demolition.
Cost: $0
Prepared By: Joe Williford, Chief Building Inspector
Reviewed By: Development Services Department
Legal Department
Approved By: Joe Williford, Chief Building Inspector
Attachments: Order to repair and/or take corrective action
Notice to Abate a Nuisance Public Hearing
Demolition bids provided by owner
April 24, 2018 Letter from the owner.
April 24, 2018 Email to the owner
Case photos
Recommendation:
Recommend providing the applicant a period of 120 days to secure an additional piece of property from AEP-PSO and submittal of a rezoning and possible Planned Unit Development (PUD). Should this not be accomplished, staff will bring this case back before the Hearing officer recommending demolition that 19223 East 101st Street South, Broken Arrow, OK be declared a dilapidated structure and a public nuisance and execute the demolition order. .