AGENDA #4i

 

MEMORANDUM

 

 

TO:                  Mayor and Town Council

                       

FROM:            W. Calvin Horton, Town Manager

                       

SUBJECT:       Demolition of House located at 603 Nunn Street

 

DATE:             November 22, 2004

 

 

The attached ordinance would authorize the demolition of a vacant house at 603 Nunn 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 603 Nunn Street.  The house has suffered from neglect and interior exposure to rain and snow. 

 

For three years the staffs of the Inspections Department and Police Department have been working with the previous two owners in an effort to have this house repaired or removed.  Those efforts have not been successful.   

 

Written notification to the current owner has included: 

 

  1. A Final Written Notice, dated August 12, 2003, requesting that work be initiated to eliminate the housing code violations at this location. 
  2. A written Notice of Hearing, dated November 18, 2003, scheduling an appointment for the owner to represent the property.
  3. An Order, including Findings of Fact, dated December 18, 2003, determining that the house is deteriorated and directing that it be demolished by January 21, 2004. 
  4. A Notice of Extension, dated February 20, 2004, granted the owner as requested sufficient time to determine to salvage, or demolish and remove, the structures and debris from the premise.
  5. A Building Permit and Zoning Compliance Permit for the demolition were issued March 23 and 25, 2004, respectively.
  6. On August 23, 2004, the Building Permit expired due to inactivity.

 

RECOMMENDATION

 

We recommend that the Council enact the attached Ordinance that would authorize the demolition of 603 Nunn Street and place a lien for the cost of the demolition on the property.  We also recommend that Council enact the attached budget ordinance.

 

ATTACHMENT

 

  1. Photograph of 603 Nunn Street (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 603 NUNN STREET, TAX MAP NUMBER 7.93.L.33 INCLUDING HAVING THE STRUCTURE DEMOLISHED AND A LIEN FOR THE COST OF DEMOLITION PLACED ON THE PROPERTY (2004-11-22/O-3)

 

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 November 22, 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 603 Nunn Street, Chapel Hill  (TMBL # 7.93.L..33) 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 December 2, 2003 for the purposes of determining whether the property at 603 Nunn 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 February 20, 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 603 Nunn 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 the 22nd day of November, 2004.

 

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2004” (2004-11-22/O-4)

 

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 22nd day of November, 2004.

 

 

ATTACHMENT 1