AGENDA #6

 

MEMORANDUM

 

 

TO:                 Mayor and Town Council

                       

FROM:           W. Calvin Horton, Town Manager

                       

SUBJECT:      Demolition of House located at 107 Stephens Street

 

DATE:            September 13, 2004

 

 

The attached ordinance would authorize the demolition of a vacant house at 107 Stephens Street which has been determined to be unfit for human habitation, dilapidated, and a threat to public health and safety.  The costs of demolition will be assessed against the property and a lien for these costs placed on the property.  If unpaid, the lien can be collected through a foreclosure procedure. 

 

The attached budget ordinance would allocate $10,000 from the General Fund contingency account for the demolition costs.  Any unused funds would revert back to the General Fund balance.

 

DISCUSSION

 

The attached photographs illustrate the present condition of the deteriorated structure at 107 Stephens Street.  The house has suffered from neglect, fires, exposure to rain and snow.  The exterior walls and part of the roof remain.  The carport at the rear of the property collapsed last year. 

 

For three years, the staff of the Inspections Department and Police Department have been working with the owner in an effort to have this house repaired or removed.  Those efforts have not been successful.   

 

Written notification to the owner has included: 

 

  1. A Final Written Notice and Notice of Hearing, dated August 7, 2001, requesting that work be initiated to eliminate the housing code violations at this location. 
  2. A Notice on September 20, 2001, documenting that the previous certified notice was not accepted, and the initial hearing was not attended by the property owner.
  3. A Final Written Notice, dated December 18, 2001, explaining that the violations continue and the conditions have worsened.
  4. A Notice of Section 9-32 dated January 23, 2002, informing the owner that the appropriate steps for notification are being followed although the owner is not accepting the certified letters. 
  5. A written Notice of Hearing, dated March 14, 2002, scheduling an appointment for the owner to represent the property.
  6. An Order, including Findings of Fact, dated April 11, 2002, determining that the house is deteriorated and directing that it be secured and repaired by May 17, 2002. 
  7. A Notice of Hearing, dated December 17, 2003, scheduling an appointment for the owner to represent the property following another fire that worsened the condition of the property.
  8. A Notice of Condemnation, dated December 17, 2003, citing the North Carolina General Statutes requirements to remove the threat to public health and safety.
  9. An Order, including Findings of Fact, dated January 6, 2004, determining that the house is dilapidated and directing that it be demolished and removed by February 16, 2004. 

 

RECOMMENDATION

 

We recommend that the Council enact the attached Ordinance that would authorize demolition of 107 Stephens Street and placing a lien for the cost of the demolition on the property.  We also recommend that Council enact the attached budget ordinance.

 

ATTACHMENTS

 

  1. Photographs (p. 5).

AN ORDINANCE DIRECTING THAT THE BUILDING INSPECTOR PROCEED TO EFFECTUATE THE PURPOSE OF CHAPTER 9, ARTICLE 2 OF THE CHAPEL HILL CODE OF ORDINANCES AS THEY APPLY TO THE DILAPIDATED HOUSE AT 107 STEPHENS STREET, TAX MAP NUMBER 7.83.F.15 INCLUDING HAVING THE STRUCTURE DEMOLISHED AND A LIEN FOR THE COST OF DEMOLITION PLACED ON THE PROPERTY (2004-09-13/O-5a)

 

BE IT ORDAINED By the Council of the Town Of Chapel Hill as follows:

 

Section 1.  Findings.

 

A.    The Council finds, based on the report of the Town Manager dated July 26, 2004, that the Chapel Hill Inspections Department has taken the procedural steps required by Chapter 9 of the Town of Chapel Hill Code of Ordinances with respect to the residential structure at 107 Stephens Street, Chapel Hill  (TMBL # 7.83.F.15) prior to adoption this Ordinance.

B.    The Council finds that the owner of this dwelling has been given a reasonable opportunity to bring the property into conformity with the Housing Code of the Town of Chapel Hill and has failed to do so.

C.    The Council finds that the Inspections Department conducted a hearing on January 6, 2003, for the purposes of determining whether the property at 107 Stephens Street is unfit for human habitation and deteriorated.

D.    The Council finds that the Inspections Department, as a result of that hearing, determined that the property is deteriorated and unfit for human habitation and in violation of the Town of Chapel Hill Housing Code.

E.     The Council finds that the owner has failed to comply with the Order issued by the Inspections Department on January 6, 2004, to have the structure demolished and removed and that the time period established to comply with that order or appeal that Order has expired.

 

Section 2.  Order.

 

IT IS THEREFORE ORDERED, pursuant to Section 9-25 (b) of the Chapel Hill Code of Ordinances, that the Chapel Hill Building Inspector shall have the dilapidated residential structure at 107 Stephens Street demolished and a lien placed on the property for the cost of the demolition.

 

IT IS FURTHER ORDERED that a copy of this Ordinance be recorded in the office of the Register of Deeds of Orange County indexed in the name of the property owner in the Grantor index.

 

This 13th day of September 13, 2004.

 

 

AN ORDINANCE TO AMEND “AN ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-09-13/O-5b)

 

BE IT ORDAINED by the Council of the Town of Chapel Hill that the Budget Ordinance entitled “An Ordinance Concerning Appropriations and the Raising of Revenue for the Fiscal Year Beginning July 1, 2004” as duly adopted on June 14, 2003 and the same is hereby amended as follows:

 

This the 13th day of September, 2004.

 

           


ATTACHMENT 1