AGENDA #4b

 

MEMORANDUM

 

 

TO:                 Mayor and Town Council

                       

FROM:           W. Calvin Horton, Town Manager

                       

SUBJECT:      Demolition of House Remains located at 1613 US 15-501 South:  Tax Map Number 7.128.B.25

 

DATE:            April 5, 2005

 

 

The attached ordinance would authorize the demolition of the fire damaged remains of a vacant house and any required land stabilization at 1613 US 15-501 South, Tax Map Number 7.128.B.25, 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 resolution would reallocate an existing $10,000 in the Inspections Department account for the demolition costs.  Any unused funds would revert back to the General Fund balance.

 

DISCUSSION

 

The attached photograph illustrates the condition of the deteriorated structure at 1613 US Highway 15-501 South.  The house has suffered from major fire damage, neglect, and exposure to rain and snow.  A portion of the exterior walls and the basement remain.  Since June 13, 2001, the staff of the Inspections Department has been attempting to work with the owner in an effort to have the remains of this house repaired or removed.  Those efforts have not been successful.   

 

Written notification to the owner has included: 

 

  1. A Notice of Minimum Housing Violation, dated June 13, 2001, advising owner to remove debris from yard, mow weeds and grass and barricade around the remains of the house for safety.
  2. A Final Written Notice, dated July 16, 2001, requesting the removal of all remains of the house and to have the basement filled-in completely.
  3. A Final Written Notice, Notice of Hearing, dated September 20, 2001, requesting that work be initiated to eliminate the housing code violations at this location. 
  4. A Finding of Facts and Order, July 25, 2002, documenting that the previous certified notice was not accepted, and the initial hearing was not attended by the property owner.
  5. A Finding of Facts and Order dated November 17, 2004, determining that the house is dilapidated and directing that it be demolished and removed by December 17, 2004. 

 

RECOMMENDATION

 

We recommend that the Council enact the attached ordinance that would authorize demolition of 1613 US Highway 15-501 South, and place a lien for the cost of the demolition on the property.  We also recommend that Council adopt the attached resolution to reallocate demolition funds.

 

 

 

 

 

 

 

 

 

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 1613 US HIGHWAY 15-501 SOUTH, TAX MAP NUMBER 7.128.B.25 INCLUDING HAVING THE STRUCTURE DEMOLISHED AND A LIEN FOR THE COST OF DEMOLITION PLACED ON THE PROPERTY (2005-04-05/O-2)

 

NOW, THEREFORE, 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 April 5, 2005, 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 1613 US Highway 15-501 South, Chapel Hill (TMBL # 7.128.B.25) 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 October 2, 2001 for the purposes of determining whether the property at 1613 US Highway 15-501 South is unfit for human habitation and dilapidated.

D.    The Council finds that the Inspections Department, as a result of that hearing, determined that the property is dilapidated 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 November 17, 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.

 

BE IT THEREFORE ORDERED, pursuant to Section 9-25 (b) of the Chapel Hill Code of Ordinances, that the Chapel Hill Building Inspector shall have the remains of the dilapidated residential structure at 1613 US Highway 15-501 South demolished and a lien placed on the property for the cost of the demolition.

 

BE IT 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 5th day of April, 2005.

 

 

A RESOLUTION AUTHORIZING THE REALLOCATION OF EXISTING INSPECTIONS DEPARTMENT DEMOLITION FUNDS (2005-04-05/R-2)

 

WHEREAS, on November 22, 2004, the Council of the Town of Chapel Hill adopted an ordinance to allot $10,000 from the General Fund to the Inspections Department for the demolition of 603 Nunn Street; and

 

WHEREAS, as of December 17, 2004, the dilapidated residential house at 603 Nunn Street was removed at the cost of the property owner; and

 

WHEREAS, the property owner of 603 Nunn Street has paid in full all Inspections Department accrued costs for that Minimum Housing Violation file; and

 

WHEREAS, the $10,000 in unused funds for the demolition of 603 Nunn Street would be returned to the General Fund, and the same amount is requested from the General Fund for the demolition of 1613 US Highway 15-501 South;

 

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the $10,000 allocated to the Inspections Department Demolition account on November 22, 2004, for the demolition and removal of the dilapidated structure at 603 Nunn Street be re-allocated for the demolition of and removal of the dilapidated structure at 1613 US Highway 15-501 South.

This the 5th day of April, 2005.