AGENDA #4d

 

MEMORANDUM

 

TO:                  Mayor and Town Council

                       

FROM:            W. Calvin Horton, Town Manager

                       

SUBJECT:       Demolition of House at 112 Basnight Lane

 

DATE:             April 22 2002

 

 

The attached ordinance would authorize and direct the demolition of a vacant house at 112 Basnight Lane which has been determined to be unfit for human habitation and dilapidated.  Under the Town’s recently amended Minimum Housing Code, if the Ordinance is adopted, the Town will proceed to have the house demolished and the cost of demolition will be recorded as a lien on the property.

 

DISCUSSION

 

The attached photographs (photo 1, photo 2, photo 3)  illustrate the present condition of this deteriorated structure at 112 Basnight Lane.  The house suffered a fire in which the main structure was destroyed.  Only a few walls and part of the roof remain.  It has recently been reported by neighbors to the Police Department because of trespassers.  

 

Over the last several months the staff of the Inspections Department and Police Department have been working with the owner and a member of his family in an effort to have this house removed.  Those efforts have not been successful. 

 

The Inspections Department has taken the procedural steps necessary before bringing forward the attached Ordinance.  These steps include inspecting the property; sending a notice to the owner requesting compliance; notifying the owner of a hearing set to make a determination as to the condition of the property; conducting the hearing; and notifying the owner of the determination of the inspector made as a result of that hearing.

 

Written notification to the owner has included: 

 

  1. A final written notice, dated July 17, 2001, requesting that work be initiated to eliminate the public health and safety threat at this location.
  2. A final written notice and notice of hearing dated November 7, 2001, informing the owner that the structure appears to be unfit for human habitation and scheduling a hearing for November 19, 2001, to determine the condition of the structure and what steps are needed to resolve the problem.
  3. An Order, including Findings of Fact, dated February 6, 2002, determining that the house is dilapidated and directing that it be removed and demolished by March 11, 2002. 

In addition to these formal steps, we have been in contact with representatives of EmPOWERment, Inc. in an effort to see if the house can be removed without the need for Town action.   We believe there is a possibility that Empowerment and the property owner may be able to work out an arrangement that would result in the removal of the dilapidated structure.  If the Council enacts the attached Ordinance we would notify the owner and Empowerment again.  If it appears that the house can be removed without the Town taking the initiative to have it demolished, we would delay, for a reasonable period of time, recordation of this ordinance and having the structure demolished.  Before proceeding with the demolition, we will submit an agenda item for Council to authorize funding.

 

RECOMMENDATION

 

That the Council enact the attached Ordinance.

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 112 BASNIGHT LANE, TMBL # 7.92.G.9 INCLUDING HAVING THE STRUCTURE DEMOLISHED AND A LIEN FOR THE COST OF DEMOLITION PLACED ON THE PROPERTY (2002-04-22/O-1)

 

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 22, 2002, 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 112 Basnight Lane, Chapel Hill  (TMBL # 7.92.G.9) 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 for the purposes of determining whether the property at 112 Basnight Lane 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 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 6 2002, to have the structure removed and demolished 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 112 Basnight Lane 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 April, 2002.