WHEREAS, the Titleholders, Pamela K Riatt, Albert Daugherty and George Daugherty;

Transcription

1 Roll Call Number Agenda Item Number Date...November 3, 214, WHEREAS, the property located at 323 Thomton Avenue, Des Moines, Iowa, was inspected by representatives of the City ofdes Moines who determined that the fire-damaged main stmcture in its present condition constitutes not only a menace to health and safety but is also a public nuisance; and WHEREAS, the Titleholders, Pamela K Riatt, Albert Daugherty and George Daugherty; and heir to Life Estate for Mary F Beerbower, Robert Beerbower, were notified via personal sendce; and Titleholders, Tom Daugherty and Sharon E Braack; and Life Estate for Edgar G Branchcomb were notified via publication more than thirty days ago to repair or demolish the firedamaged main structure and as of this date have failed to abate the nuisance. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES MOINES, IOWA, AND SITTING AS THE LOCAL BOARD OF HEALTH: The fire-damaged main structure on the real estate legally described as Lot 29 in SMITHS ACRES PLAT 3, an Official Plat, now included in and forming a part of the City ofdes Moines, Polk County, Iowa and locally known as 323 E Thomton Avenue, has previously been declared a public nuisance; The City Legal Department is hereby authorized to file an action in district court to obtain a decree ordering the abatement of the public nuisance, and should the owner fail to abate the nuisance, as ordered, that the matter may be referred to the Department of Engineering which will take all necessary action to demolish and remove said structures. Moved by to adopt. FORM APPROVED: IL Vicl(^_Lon^)^[ill, (j^s)istant City Attorney COUNCIL ACTION COWNIE COLEMAN GATTO GRAY YEAS NAYS PASS ABSEN1 CERTIFICATE I, DIANE RAUH, City Clerk of said City hereby certify that at a meeting of the City Council of said City of Des.Moines, held on the above date, among other proceedings the above was adopted. HENSLEY MAHAFFEY MOORE TOTAL IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. MOTFON CARRIED API U3VED ] layor City Clerk

2 PUBLIC NUISANCE NOTICE OF INSPECTION NEIGHBORHOOD INSPECTION DIVISION CITY QF DE5 MOinES^^ \ COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITY DEVEtopME^ -~-"-cityo-f-dismoines/iowa" DATE OF NOTICE: February 11, 214 DATE OF INSPECTION: August 26,213 CASE NUMBER: COD PROPERTY ADDRESS: 323 E THORNTON AVE LEGAL DESCRIPTION: LOT 29 SMITHS ACRES PLAT 3 ALBERT DAUGHERTl? 411 SE 1ST ST DES MOINES IA 5315 BETTY A ALONSO Heir - HEIR OF MARY BEERBOWER 2841 DES MOINES ST DES MOINES IA 5317 ROBERT L BEERBOWER Heir - HEIR OF MARY BEERBOWER 279 RACCOON ST DES MOINES IA 5317 JANICE J BIBBINS Heir - HEIR OF LLOYD BRANCHCOMB 59 E PORTER AVE DES MOINES IA 5315 TERRY L BRAACK Heir - HEIR OF SHARON BRAACK 3827 E JEFFERSON AVE DES MOINES IA 5317 DANIEL L BRANCHCOMB Heir - HEIR OF JOSEPH BRANCHCOMB 2525 COUNTY LINE RD #233 DES MOINES IA 5321 JERRY L BRANCHCOMB Heir - HEIR OF FLOYD BRANCHCOMB 4925 SARASOTA DR HIXSON TN JOHN E BRANCHCOMB Heir - HEIR OF JOSEPH BRANCHCOMB 7433 MOBILE HWY PENSACOLA FL JOSEPH A BRANCHCOMB JR Heir - HEIR OF JOSEPH BRANCHCOMB 2525 COUNTf LINE RD #228 DES MOINES IA 5321 LLOYD BRANCHCOMBJR Heir - HEIR OF LLOYD BRANCHCOMB 125 S 1ST ST INDIANOLA IA 5125 NANCY CHADD Heir - HEIR OF LLOYD BRANCHCOMB ADDRESS UNKNOWN

3 MARY K COOKE AKA MARY K MCDOWELL Heir -' HEIR OF FLOYD BRANCHCOMB 3131 MOUNTAIN CREEK RD APT 12A2 CHATTANOOGA JN STEVEN L LAWRENCE JR Heir - HEIR OF SHARON BRAACK 416 4STH ST DES MOINES IA 531 NOLAARLENE RILEY Heir - HEIR OF JOSEPH A BRANCHCOMB 31 E 1ST ST VAN WERT IA 5262 SUSAN STAPLES Heir - HEIR OF SALLY V ADAMS TH ST URBANDALE IA 5323 RON I WHFTE Heir - HEIR OF LLOYD BRANCHCOMB TH ST APT 35 DES MOINES IA 5314 TIMOTHY E WHH-E Heir - HEIR OF LLOYD BRANCHCOMB 28 DEAN AVE DES MOINES IA 5317 SALLY V ADAMS- DECEASED MARY F BEERBOWER- DECEASED SHARON E BRAACK- DECEASED ALBERT BRANCHCOMB 268 INDIANOLA AVE DES MOINES IA 5315 SAM B BRANCHCOMB 2841 DES MOINES ST DES MOINES IA EDGAR G BRANCHCOMB- DECEASED FLOYD BRANCHCOMB- DECEASED JOE BRANCHCOMB-DECEASED LLOYD BRANCHCOMB- DECEASED

4 GEORGE DAUGHERTY 62 W VAN DORN ST APT 21 POLK CRY IA 5226 TOM DAUGHERTI' 62 W VAN DORN ST APT 21 POLK CFTY IA 5226 PAMELA K RIATT A/K/A PAMELA K RATTT HIDE CROSS ST APT 4 CENTERVILLE IA An inspection of the referenced property was conducted for its conformance to the Municipal Code of the City of Des Moines. It has been determined from that inspection that the dwelling currently constitutes not only a menace to health and safety, but is also a public nuisance. Accordingly, the dwelling will be placarded as unfit for human habitation pursuant to the Municipal Code of the City of Des Moines and the Code of Iowa. If not occupied at the present time, the dwelling is to remain vacant and unoccupied until occupancy is authorized by this office. If the dwelling is occupied, it must be vacated immediately. If procedures to vacate the premises are not undertaken immediately upon receipt of this notice, and in no case later than seven (7) days, the City will issue a Municipal Infraction in accordance with Section 6-34 and 6-36 pursuant to the Municipal code of the City of Des Moines. Additionally, if the property had a Certificate of Inspection, it is hereby revoked. Attached is a listing of the violations existing on the date of the inspection and a recommendation as to the remedial action required to correct such violations. Failure to correct these violations will result in legal action. The violations noted must be corrected within 3 days from the date of this notice. The violations noted must be corrected within 3 days from the date of this notice. Failure to correct these violations will result in a request to the City Council, sitting as the board of Health, to approve legal action. As a result of this public nuisance action there will be costs incurred by the City. Costs will be billed out when the nuisance has been abated. Failure to pay the costs will result in collection by assessment to the property or personal judgment. ALL ELECTRICAL/ MECHANICAL, PLUMBING, AND STRUCTURAL COMPONETS IN NEED OF REPLACEMENT OR REPAIR, ARE TO BE BROUGHT TO MINIMUM CODE REQUIREMENTS WITH NECESSARY PERMITS AS REQUIRED TO MEET CITY CODES. \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\prd_41\Forms & Reports\dsmCODPubNo.rp- COD213-53

5 Appropriate building permits may be required for those violations noted in the "Special Requirements" section on the notice. Should you have questions regarding permits, contact the Permit and Development Center at (515) All work performed by a contractor or you must be completed in a workmanlike manner. If you plan to renovate the structure and it has been vacant for a period in excess of one year, there may be zoning issues/ which will affect the proposed use of the structure and/or real estate. Please contact the Development Zoning Division at (515) to determine what the legal use for the structure and/or the real estate is prior to commencement of any renovation. If you believe the building is beyond repair and decide to remove it, all debris must be removed from the property and the basement excavation if any, filled in the manner required by the City. You are encouraged to arrange for this demolition yourself; however a demolition permit must be obtained from the Building Department. In the event you are unable to arrange for demolition, you may sign a waiver voluntarily authorizing the City to do so. However, the City may take a personal judgment against you for the costs of removal. If you no longer own the property, notify us in writing of the name, address, and telephone number of the new owner. A copy of the real estate contract or deed, if it has not been recorded at the County Recorder's Office, shall likewise be furnished to the Neighborhood Inspection Division. Should you have any questions, feel free to call. I can usually be reached between 8:am and 9:am, Monday through Friday. Nid Inspector DATE MAILED: 2/11/214 MAILED BY: JDH \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\prd_41\Forms&Reports\dsmCODPubNo.rp- COD213-53

6 I ec) Areas that need attention: 323 E THORNTON AVE Electrical System Electrical Permit Defect: Fire damaged Interior Walls /Ceiling Building Permit Defect: Fire damaged Floor Joists/Beams Building Permit Defect: Fire damaged Mechanical System Mechanical Permit Defect: Water Damage Component; Plumbing System Plumbing Permit Defect: Fire damaged Roof Building Permit Defect: Fire damaged Shingles Flashing Compliance with International Building Code Defect: Fire damaged Soffit/Facia/Trim Building Permit Defect: Fire damaged \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\prd_41\Forms&Reports\dsmCODPubNo.rp COD213-53

7 Componenf: Window Glazing/Paint. Complaince with Int Code Defect: In poor repair (CC-) Windows/Window Frames Complaince with Int Code Defect: In poor repair \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\prd_41\Forms&Reports\dsmCODPubNo.rp'- COD213-53

8 Polk/Des Moines Assessor - 1/ Listing Page 1 of 4 I Cd "" Sons [ Home 1 [ General Query ] [ Legal Quen' 1 [' HomeOwner Query ] [ Book/Page Quen' ] [ Commercial Query ] [ Res Sales )uery ] [ Comm Sales Query ] [ Helg ] District/Parcel GeoParcel Map I Nbhd Jurisdiction Status 1/ DM37/Z DES MOINES ACTIVE School District 1/Des Moines Street Address Tax Increment Finance District Bond/Fire/Sewer/Cemetery I City State Zipcode 323 E THORNTON AVE DES MOINES IA rii Click on parcel to get new listing Get Bi,e.eer Map 23 3 sab" _an_ SB irins»n-%e- 8 J 78 E-TWRNTQN-iWE- -BB- -w- -S&- 7SJ84 -m- 231g hi j Google Map ^17 CT 3T23 16S ) Approximate date of photo 11/13/28 Mailing Address SAM B BRANCHCOMB 2841 DES MOINES ST DES MOINES, IA Legal Description LOT 29 SMITHS ACRES PLAT 3 Qwnership Name Recorded Book/Page RevStamps #1 BRANCHCOMB, FLOYD /611 #2 BRANCHCOMB, LLOYD #3 BRANCHCOMB, JOE #4 BRANCHCOMB, ALBERT #5 BRANCHCOMB, SAM B #6 ADAMS, SALLY V #7 RIATT, PAMELA K 1/29/214

9 Polk/Des Moines Assessor - 1/ Listing Page 2 of 4 #8 DAUGHERTY, TOM #9 DAUGHERTY, GEORGE #1 DAUGHERTY, ALBERT #11 BRAACK, SHARON E Life Estate #1 BEERBOWER, MARY F Life Estate #2 BRANCHCOMB, EDGAR G (M Assessment Class Kind Land Bldg AgBd Total Current 24,2 17,4 41,6 Market Adjusted Cost Report Estimate Taxes P_p_lk County Treasurer Tax Information Pay Taxes Taxable Value Credit Name Number Info Homestead BRANCHCOMB. EDGAR 1783 Zoning Description SF Assessor Zoning Rl-7 One Family, Low Density District Source: City ofdes Moines Community Development Published: Contact: Planning and Urban Design Land SQUARE FEET 19,12 FRONTAGE 8. DEPTH 239. ACRES.439 SHAPE RC/Rectangle TOPOGRAPHY N/Normal Residence # 1 OCCUPANCY SF/Single Family RESID TYPE Sl/1 Stor; BLDG STYLE BG/Bungalow YEAR BUILT 192C YEAR REMODEL 1953 # FAMILIES 1 GRADE 5 GRADE ADJUST +1C CONDITION PR/Poor TSFLA 792 MAINLY AREA 792 ENCL PORCH 192 FOUNDATION P/Poured Concrete EXT WALL TYP MF/Mixed Frame ROOF TYPE GB/Gable ROOF MATERL A/Asphalt Shingle HEATING A/Gas Forced Air AIR COND BATHROOMS 1 BEDROOMS 2 ROOMS 5 1/29/214

10 Polk/Des Moines Assessor - 1/ Listing Page 3 of 4 ~w Enc Popch Is Year] Type Class Kind Land Bldg AgBd Total 213 Assessment Rol. 24,2C 17,4C c 41,6 211 Assessment Rol 24,2C 17,2C c 41,4 29 Assessment Rol. 24,8C 17,6 c 42,4 27 Assessment RoF 26,1 17,8 c 43,9 25 Assessment Ro[. 23, 16,4 c 39,4 23 Assessment Rol 2,82 15,34 36,16 21 Assessment Roll 19,86 13,42 33, Assessment Roll 14,73 7,4 11, assessment Roll 12,97 6,2 19, assessment Roll R-esidential 12, 5,74 17, assessment Roll 1,62 5,8 15,7 1/29/214

11 Polk/Des Moines Assessor - 1/ Listing 1991 Assessment Roll 1,11 4,841 14,95 Page 4 of 4 (-) 1991 Was Prior Year 1,11 3,661 13,77 this page Room 195, 111 Court Avenue, Des Moines. IA 539 Phone /Fax pplkwehffla^'ess, co.po/k. {g.ur 1/29/214

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