Broken Arrow City Council
Meeting of: 07-03-2018
To: Mayor and City Council
From: Development Services Department
Title:
title
Consideration, discussion, and possible action regarding the Public Nuisance Officer’s decision on June 7, 2018 to declare 2701 East Norman Place, Broken Arrow, Oklahoma 74014; Arrow Village Mobile City Lot 274 1.00 Lots, Wagoner County as a dilapidated structure, a public nuisance and authorization to demolish the property; Case No. 18-10029764
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Background:
The City received a complaint on January 27, 2018 concerning a dilapidated mobile home located at 2701 East Norman Place in Camino Villa Park. City Code Enforcement investigated the property and found the mobile home to be in a severe dilapidated state. The mobile home was (and still is) unoccupied and has extensive dilapidation, including exposed and rotten wood, missing areas of siding and soffits, holes from birds and animals in the siding, missing skirting, exposed electrical connections and water pipes exposed.
The property belongs to a Mr. John Straton. Staff searched city records and found there has not been water service to that address since 2009. Twelve (12) cases have been opened and closed on this property since September 19, 2013. Three (3) of them were property maintenance violations. Citations were issued and sent certified mail to Mr. Straton on two of those cases, the certified mailings were returned unclaimed. The other cases were for unsecured structure, high weeds, trash or general nuisance.
A Notice to Abate a Nuisance Public Hearing notice was posted on the property on February 12, 2018 and a copy was mailed certified to the owner Mr. John Straton, who lives across the street at 2702 East Norman Place, giving Mr. Straton a public hearing date of April 5, 2018. The certified mailing was returned unclaimed. Mr. Straton was in attendance at the public hearing on April 5, 2018. During the hearing, Mr. Straton stated that the mobile home was only used for storage and was not occupied. He was doing the repairs himself and needed more time to complete the repairs. The Hearing Officer gave Mr. Straton a 60-day extension and tabled the case until June 7, 2018. The Hearing Officer advised Mr. Straton that Code Enforcement would re-inspect the property prior to the hearing on June 7, and if substantial improvement had not been made within that time, the city would proceed with the declaration for demolition to which Mr. Straton agreed.
Code Enforcement re-inspected the property on June 6. Mr. Straton had made some improvements by painting and doing some trim work. The overall condition of the trailer was still in poor condition. Exposed and rotten wood, missing soffits, damaged and missing skirting, exposed electrical connections and water pipes remained.
The Hearing Officer viewed the newest pictures of the mobile home taken on June 6, 2018 during the June 7 hearing, and declared the mobile home a dilapidated structure and signed the order for demolition. The property was posted with the order of demolition on June 8, 2018.
Mr. Straton filed a notice of appeal with the City Clerk, appealing the Hearing Officers decision on June 8, 2018. In his appeal, he states he never received notice and that the Hearing Officer did not say he needed to attend the 2nd meeting that the Hearing Officer granted the 60 day extension.
On June 18, 2018, a certified letter and email notice was sent to Mr. Straton advising him his appeal would be heard by the City Council on July 3, 2018 at 6:30 pm in the Council Chambers located at City Hall.
To date, staff has not received the return receipt from the certified letter to Mr. Straton. Code Enforcement re-checked the property on Friday, June 22, 2018. No additional improvements have been made to the structure or property.
City staff recommends Mr. Straton’s appeal be denied and authorize staff to move forward with demolition as previously approved by the Hearing Officer.
Cost: $0
Prepared By: Michael Skates, P.E., CFM, Development Services Director
Reviewed By: Legal Department
Assistant City Manager - Operations
Approved By: Michael L. Spurgeon, City Manager
Attachments: Complaint
Property History
February Initial Investigation Photos
Posting of the Property
April 3 Photos for April 5 Hearing
Notice to Abate a Nuisance Public Hearing, April 5
Sign-in Sheet for April 5 Hearing
June 6 Re-Inspection Photos
Order of Abatement, June 7
Notice of Appeal
Notice of Appeal Hearing
June 22 Pre- Appeal Hearing Photos
Recommendation:
recommend
Deny Mr. Straton’s appeal and authorize staff to move forward with demolition as previously approved by the Hearing Officer
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