ABATEMENT OF PUBLIC NUISANCES AT th STREET
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1 Roll Call Number Agenda Item Number Date...Febmary.22, ABATEMENT OF PUBLIC NUISANCES AT th STREET WHEREAS, the property located at Street, Des Moines, Iowa, was inspected by representatives of the City of Des Moines who determined that the main structure and garage structure in their present condition constitutes not only a menace to health and safety but are also public nuisances; and WHEREAS, the Titleholder, KLM Development & Construction, LLC, was notified more than thirty days ago to repair or demolish the main structure and garage structure and as of this date has failed to abate the nuisances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES MOINES, IOWA: The main structure and garage structure on the real estate legally described as Lot 28 in DRAKE UNIVERSITY'S SECOND ADDITION to Des Moines, an Official Plat, now included in and forming a part of the City ofdes Moines, Polk County, Iowa, and locally known as th Street, have previously been declared public nuisances; The City Legal Department is hereby authorized to file an action in district court to obtain a decree ordering the abatement of the public nuisances, and should the owner(s) fail to abate the nuisances, 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: Jessica D. Spoden, Assistant City Attorney COUNCIL ACTION COWNIE COLEMAN GATTO GRAY HENSLEY MOORE WESTERGAARD TOTAL 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal the day and year first above written. MOTION CARRIED API (OVED ] layor City Clerk
2 PUBLIC NUISANCE ^R ) Jt NOTICE OF INSPECTION NEIGHBORHOOD INSPECTION DIVISION CITY OF DES MOinES^ COMMUNITY DEVELOPMENT DEPARTMENT CO.MMUNITV DEVELOPMENT ^ CIFf OF DES MOINES, IOWA DATE OF NOTICE: December 9, 215 DATE OF INSPECTION: June 1, 215 CASE NUMBER: COD PROPERTY ADDRESS: TH ST LEGAL DESCRIPTION: LOT 28 DRAKE UNIVERSHY 2ND ADD KLM DEVELOPMENT & CONSTRUCTION LLC Title Holder KENNETH L LINHART, REG. AGT TH ST DES MOINES IA 5314 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 fo 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. The violations noted must be corrected within 3 days from date of 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 COD
3 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 wilt 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. J53T3 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. Chris Reindl (515) Nid Inspector DATE MAILED: 12/9/215 MAILED BY: JDH \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\prd_41\Forms & Reports\dsmCODPubNo.rp- COD
4 ^3 Areas that need attention: TH ST Electrical Service Defect: in poor repair Foundation Defect: in poor repair Floor Joists/Beams Building Permit Defect: in poor repair Soffit/Facia/Trim Building Permit Defect: in poor repair Floor Joists/Beams Building Permit Defect: in poor repair Plumbing System Plumbing Permit Defect: In poor repair Furnace Mechanical Permit Defect: In poor repair Roof Building Permit Defect: Collapsed \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\prd_41\Forms&Reports\dsmCODPubNo.rp- COD
5 Interior Walls /Ceiling Building Permit Defect: Collapsed Heauirement: Mechanical System Mechanical Permit Defect: In poor repair Exterior Walls Might need Buiding Permit Defect: Cracked/Broken Location: Garage Shingles Flashing Defect: Deteriorated Location: Garage Exterior Walls Defect: Absence of paint Location: Garage Accessory Buildings No interior inspection made of Garage Defect: See Comments Location: Garage \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\prd_41\Forms&Reports\dsmCODPubNo.rp- COD
6 ):// 2/12/216 /Des Moines Assessor - 3/ Listing Page 1 of 4,3 ^ POSK Cww 'Assessor /ow [ Home ] [ GenCTal_Query ] [ Legal_Qyery ] [ HomeOwner Query ] [ Book/Page Query ] [ Commercial Query ] [ Res_Sales Query ] [ Comm Sales Query ] [ Hel^ ] District/Parcel GeoParcel Map I Nbhd Jurisdiction Status 3/ DM95/Z DES MOINES ACTIVE School District 1/Des Moines Street Address TH ST Tax Increment Finance District Bond/Fire/Sewer/Cemetery City State Zipcode DES MOINES IA 5311 Click on parcel to get new listing 1111 *f'-' -r. '>"\ ' 1 ' Y. -EiRAi^-PARK- 'd^wi CP l'~'l"e ^l2^41sfe4f 167 1S3^ Approximate date of photo 3/27/214 IVIailing Address 11126TH STREET LLC 663N132NDSTSTE131 OMAHA,NE Legal Description LOT 28 DRAKE UNIVERSITY 2ND ADD Ownership Name Recorded Book/Page RevStamps Title Holder #1 KLM DEVELOPMENT & CONSTRUCTION LLC /14 Assessment Class Kind Land Bldg AgBd Total Current Multi-Residential 9,5 5,5 15, Protest Notice Assessment Roll Notice E_stimate_Taxes Polk County Treasurer Tax Information Pay Taxes
7 Polk/Des Moines Assessor - 3/ Listing Zoning [Description Page 2 of 4 ^ & SF 11 Assessor Zoning Rl-6 One Family, Low Density Residential District Residential Source: City ofdes Moines Community Development Published: Contact: Planning and Urban Design Land SQUARE FEET 6,144 FRONTAGE 48. DEPTH 128. ACRES.141 SHAPE RC/Rectangle TOPOGRAPHY B/Blank Commercial Summary OCCUPANCY IB/Apartment Conversion WEIGHTED AGE 1891 STORY HEIGHT LAND AREA 6,144 GROSS AREA 2,122 FINISH AREA 2,122 BSMT UNFIN 734 BSMT FINISH NUMBER UNITS Residence # 1 OCCUPANCY IICV/Conversion RESID TYPE S2/2 Stories YEAR BUILT 1891 # FAMILIES GRADE GRADE ADJUST + CONDITION PR/Poor TSFLA 2,122 MAIN LV AREA 1,114 UPPR LV AREA 1,8 BSMT AREA 734 ENCL PORCH 21 EXT WALL TYP VN/Vinyl Siding ROOF TYPE GM/Gambrel ROOF MATERL A/Asphalt Shingle FIREPLACES 1 HEATING A/Gas Forced Air AIR COND BATHROOMS 2/12/216
8 Polk/Des Moines Assessor - 3/ Listing Page 3 of 4 ^5' l l2 ^s ^Enc PorchQ;! ^1 2s Bsrot 9 OK S16 3] Detached # 11 OCCUPANCY GAR/Garage CONSTR TYPE FR/Frame MEASCODE MEASUREl 18 MEASURE2 22 STORY HEIGHT GRADE YEAR BUILT D/Dimensions 1891 CONDITION PR/Poor Year Type Status Application Permit/Pickup Description Current P/Permit PA/Pass AL/Alterations INTERIOR Cost Estimate 5 Current U/Pickup PA/Pass RV/Review Value BOARD OF REVIEW 1998 P/Permit NA/No Add AL/MISC (Cost $15,) Year Type Class Kind Land BldgU AgBd Total ):// 2/12/216
9 ):// 2/12/216 Polk/Des Moines Assessor - 3/ Listing Page 4 of 4 ^ 35> 215 Board Action Multi-Residential 9,5C 5,5 15, 215 Assessment Roll Multi-Residential 9,5C 76,OOC c 85,5 213 Assessment Roll 9,5C 66,5C c 76, 211 Assessment Roll 9,5C 66,5 76, 29 Asse.ssment Roll 9,5C 76,1 85,6 27 Assessment Roll 9,5 76,1 85,6 26 Assessment Roll 8,6C 77, 85,6 25 Assessment Roll 8,6 59,9 68,5 23 assessment Roll 7,5 55,3 62,8 21 assessment Roll 7,7 37,8 44, assessment Roll commercial Multiple :;ull 7, 37,8 44, assessment Roll M\ 6,8 35, 41, assessment Roll commercial Multiple Ml 6,44 33,36 Q 39, Board Action commercial Multiple M\ 6,44 27,28 33,72 this page Room 195, 111 Court Avenue, Des Moines,!A 539 Phone /Fax 5} Dolkweb(S.assess. co. oolk. ia. us
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES MOINES, IOWA, AND SITTING AS THE LOCAL BOARD OF HEALTH:
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