This emergency resolution is scheduled for the December 1, 2015 City Council meeting.  The structure has been determined to be unfit and unsafe due to a recent fire.  The purpose of the meeting is to report the condition of the structure to City Council which may, by resolution, declare the structure to be a nuisance and necessitate appropriate action.  The matter shall be handled as a quasi-judicial proceeding.

Site Information:

The subject property is 0.16 acres located on the north side of High Street, approximately 300 feet east of  Madison Street.  It is located within the Old Oak Grove Subdivision that was platted in 1925.  (Exhibit “A”, Site Location Map).  The site contains a damaged duplex.  It was owned by James Morgan (deceased) since 1995. 

Condemnation Order:

The fire at the property occurred on November 13, 2015.  The Building Official determined that the structure meets the definition of unfit or unsafe structure and shall be abated under emergency condemnation procedure (see Exhibit “B”, Article VI of Code and Exhibit “C”, Site Photographs).  Notice was sent by telephone to the owner's relative and was posted on the property on November 20, 2015 (see Exhibit “D”, Notice of Condemnation Posted on Property). 

Whenever the Building Official determines that any structure constitutes a clear, present and immediate hazard to the safety of persons or property, the Building Official may issue an order of condemnation prohibiting habitation or occupation of the structure.  The Building Official shall report the facts surrounding issuance of the order to City Council at its next regular meeting or other meeting called to hear emergency condemnations. Upon a determination that the condition of the structure at issue presents a clear, present and immediate hazard to the safety of persons or property, City Council shall adopt an emergency resolution declaring the same to be a nuisance and authorizing the immediate abatement and removal, forthwith, of such nuisance.

If the owner or any interested person can make arrangements for the abatement of such nuisance within the same time period as contemplated by City Council, the resolution shall be adopted but shall be held in abeyance for a stated time in order to allow the owner or such interested person, forthwith, to proceed with the abatement and removal of the nuisance; provided, however, that if the owner or any interested person does not proceed with the abatement in such manner, the nuisance shall be abated and removed in accordance with the provisions of the resolution.  When any building declared a nuisance has been abated and removed pursuant to an emergency resolution, City Council shall schedule a hearing for the purpose of assessing the costs of the abatement and removal.