Deadline given to demolish residential, storage structures

Owners of three structures deemed “unsafe and dangerous” in December by the Holton City Commission have been given deadlines for demolishing those structures and clearing their properties — and owners of two of those properties on Tuesday pledged to meet those deadlines.

During a series of public hearings held prior to the city commission’s regular meeting that evening — held a day later than usual due to the Presidents Day holiday on Monday — commissioners approved resolutions declaring the three residential and storage structures to be public nuisances. Deadlines given by commissioners on clearing out those structures ranged from 30 days to six months.

Concerning the two residential structures — one at 719 New Jersey Ave., owned by Mary Lou Benander, the other at 1003 Kansas Ave., owned by John Zibell — property owners or their representatives met with commissioners to discuss plans of action. Commissioners also reviewed a letter from the owner of the third structure, a garage located at 604 New York Ave. and owned by Virginia L. Purvis.

Benander, who agreed with commissioners that her dilapidated house needed to be razed and the property cleared, was given a 60-day window for taking such action. The house had been severely damaged in a fire, and Benander said it had been secured so that no one could get into the house.

Benander also asked commissioners whether she could turn the property over to the city and have the city do as it sees fit with it, but Commissioner Dan Brenner said the city was probably not interested in obtaining property at that location. She then agreed to contact area contractors about tearing down the house, and commissioners pledged to help her in that regard.

According to a complaint filed against Zibell’s house, the foundation of the house is in bad condition, and the basement has no door and is not secure. Furthermore, its front door is held shut with rope, debris is spread around the yard, the porch floor has been removed and never replaced and there is no water or sewer service to the property.

Acting as a representative for Zibell, former commissioner Janet Zwonitzer met with commissioners to discuss the fate of the Zibell property, saying he has expressed intent to “reclaim” parts of the house before a church volunteer group demolishes it. Zwonitzer said the volunteer group has worked in such capacities before, citing demolition work in Joplin, Mo., in the aftermath of that city’s deadly tornado in 2011 as an example.

She also asked commissioners to consider a six-month window for the demolition to give the volunteer group time to plan and execute it. Commissioners agreed, setting an Aug. 16 deadline, with Zwonitzer adding the possibility that the work could be done by the end of June.

Holton City Attorney Dennis White said he agreed that parts of the Zibell house could be “reclaimed,” noting that when he and Assistant City Manager Kerwin McKee last reviewed the house in 2006, they saw “a lot of great woodwork to salvage.” However, plans made at that time to have the house renovated did not come to fruition, White noted, adding that Zibell had previously shown a willingness to work with the city on other matters.

Commissioners also set a 30-day deadline for having certain “deficiencies” on the Zibell house remedied, such as securing doors. It was noted that the house’s basement has no door and is not secure, and its front door is held shut with rope.

The Purvis garage, according to the complaint against the property, has a roof in dilapidated condition, some missing siding, dilapidated or missing windows, debris spread around the structure and overgrown vegetation, commissioners noted.

White said that according to Purvis’ letter, she is unable to take action to have the garage demolished, which means that the city may have to hire someone to do the work and have the contractor send her the bill. A city ordinance states that if the owner of a property does not pay for city-mandated demolition, the city can order demolition of the property and attach the cost of demolition to the owner’s property tax bill.

Brenner proposed giving Purvis a 60-day window for having the garage demolished, but Commissioner Tim Morris said the deadline should be 30 days because “it’s just another 30 wasted days that it’s going to be standing.” Other commissioners agreed with Morris’ recommendation and incorporated it into the resolution ordering demolition of the garage.

McKee could not presently say how much it would cost to remove the garage, but later estimated that it might cost about $2,000 to get the job done. He also noted that there are instances when dilapidated structures are removed later than the window set by the city for demolition, but in many cases, it is not due to a lack of action by the property owner.

“Sometimes, they have to wait on the contractor,” McKee said.

“And the weather,” Brenner added.

Public notices on the resolutions to have the three properties demolished will be published in an upcoming edition of The Holton Recorder.

The Holton Recorder

109 W. Fourth St.
Holton, KS 66436
Phone: 785-364-3141

holtonrecordernews@gmail.com

 

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