AGENDA #4e

MEMORANDUM

TO: Mayor and Town Council

FROM: W. Calvin Horton, Town Manager

SUBJECT: Demolition of House Located at 127 Greene Street

DATE: May 12, 2003

BACKGROUND

The attached ordinance would authorize and direct the demolition of the vacant house at 127 Greene Street which has been determined by the Inspections Department to be unfit for human habitation and dilapidated. 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.

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

On March 24, 2003, the Town Council provided an extension to the deadline to comply with the February 28, 2002 Finding of Facts Notice regarding 127 Greene Street. A one month extension was granted through April 24, 2003, to allow sufficient time to vacate, close, demolish, and remove the structures and debris from the premises. The inspection on April 24, 2003 confirmed that there have been no improvements to the property, although the owner did obtain a Demolition Permit on April 2, 2003.

DISCUSSION

The attached photographs illustrate the present condition of the deteriorated structure at 127 Greene Street. The house has suffered from neglect and the elements have destroyed most of the main structure. Only a few walls and part of the roof remain intact.

Over the last several months the staffs of the Inspections Department and Police Department have been working with the owner and another 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; approving extensions of the deadlines for compliance, conducting the hearing; and notifying the owner of the determination that the inspector made as a result of that hearing.

Written notification to the owner has included:

A written Notice, dated August 23, 2001, requesting that work be initiated to eliminate the public health and safety threat at this location.
A Final Written Notice dated December 28 , 2001, informing the owner that the structure remains a threat to public health and safety, and to remove the remains.
A written Notice of Hearing, dated February 5, 2002, scheduling an appointment for the owner to represent the property.
An Order, including Findings of Fact, dated February 28, 2002, determining that the house is deteriorated and directing that it be removed and demolished by April 9, 2002.
An extension of the deadline of the Order, dated December 31, 2002, giving additional time to complete the demolition following a written request from the owner. No progress was made at the property to resolve the violations.
An extension of the deadline through April 24, 2003 by the Town Council giving additional time to complete the demolition following a request from the owner at the March 24, 2003 Council meeting. No progress has been made to resolve the violations, although the owner did obtain a Demolition Permit on April 2, 2003.

RECOMMENDATION

We recommend that the Council enact the attached ordinances.

ATTACHMENTS

Photographs of 127 Greene 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 127 GREENE STREET, TAX MAP NUMBER 7.33.E.9 INCLUDING HAVING THE STRUCTURE DEMOLISHED AND A LIEN FOR THE COST OF DEMOLITION PLACED ON THE PROPERTY (2003-05-12/O-5)

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 March 24, 2003, 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 127 Greene Street, Chapel Hill (TMBL # 7.33.E.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 127 Greene 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 28, 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 127 Greene 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 12th day of May, 2003.

AN ORDINANCE TO AMEND “THE ORDINANCE CONCERNING APPROPRIATIONS AND THE RAISING OF REVENUE FOR THE FISCAL YEAR BEGINNING JULY 1, 2002” (2003-05-12/O-6)

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, 2002” as duly adopted on July 26, 2002, be and the same is hereby amended as follows:

ARTICLE I

APPROPRIATIONS	Current Budget	Increase	Decrease	Revised Budget

GENERAL FUND

Non-Departmental
Contingency	31,329		10.000	21,329

Inspections	717,000	10,000		727,100

This the 12th day of May, 2003.