ABATEMENT OF PUBLIC NUISANCE AT 618 E DUNHAM AVENUE

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Chrystal Hopkins
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1 Roll Call Number Agenda Item Number Date...December 5,.216. ABATEMENT OF PUBLIC NUISANCE AT 618 E DUNHAM AVENUE WHEREAS, the property located at 618 E Dunham Avenue, Des Moines, Iowa, was inspected by representatives of the City ofdes Moines who determined that the fire-damaged main structure in its present condition constitutes not only a menace to health and safety but is also a public nuisance; and WHEREAS, the Titleholders, Sandy Olechnovics, Daniel Formaro, Mark Formaro, and Joshua Formaro, and Mortgage Holders, Affinity Credit Union and Frank Murray Smith, were notified via personal service more than thirty days ago to repair or demolish the fire-damaged main stmcture and as of this date have failed to abate the nuisance. f NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DES MOINES, IOWA: The fire-damaged main struchire on the real estate legally described as Lot 25 in block 23 in SECOND PLAT OF CLIFTON HEIGHTS, an Official Plat, now included in and forming a part of the City ofdes Moines, Polk County, Iowa and locally known as 618 E Dunham 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(s) 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 structure. IMoved by to adopt. FORM APPROVED: w ' A(/y\L^^ Jessica D. Spoden, A^istant City Attorney -r3~ COUNCIL ACTION COVVNIE COLEMAN GATTO GRAY HENSLEY MOORE WESTERGAARD TOTAL MOTION CARRIED YEAS NAYS PASS ABSEN1 API toved 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. ] lay or City Clerk

2 PUBLIC NUISANCE NOTICE OF INSPECTION f\,. NEIGHBORHOOD INSPECTION DIVISION CITY OF DES MOinESt^ COMMUNITY DEVELOPMENT DEPARTMENT COMMUNITV DEVELOPMENT ^^Qp pgg MoiNES, IOWA - DATE OF NOTICE: August 1, 216 DATE OF INSPECTION: June 1,216 CASE NUMBER: COD PROPERTY ADDRESS: 618 E DUNHAM AVE LEGAL DESCRIPTION: LOT 25 BLK 23 SECOND PLAT OF CLIFTON HEIGHTS SANDY OLECHNOVICS Title Holder 515 E DUNHAM DESMOINES IA 5315 AFFINFTY CREDIT UNION Mortgage Holder JASON CROOKS, CEO 475 NW HOFFMAN LN DES MOINES IA 5313 FRANK MURRAY SMFTH, MORTGAGEE Mortgage Holder 4215 HUBBELL AVE DES MOINES IA 5317 DANIEL FORMARO Title Holder 321 E ROSE AVE DES MOINES IA 5315 JOSHUA FORMARO Title Holder 44 E JACKSON AVE DES MOINES IA 5315 MARK FORMARO Title Holder 21E16THCTAPT3 DES MOINES IA 5316 \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\Drd 41\Forms & ReDOrts\dsmCODPubNo.rD- COD

3 \\mmapp<^i\n-vni I lmf\appdata\tidrmark\nrd 41\Forms & Rfinorts\dsmCODPubNn.m COD216-C An, inspection of the referenced property was conducted for its conformance to the Municipal Code of the City. 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. 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. 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, fgfij^f ^to call. I can usually be reached between 8:am and 9:am, Monday through Friday. Mike F Lehman (515) Nid Inspector DATE MAILED: 8/1/216 MAILED BY: JDH

4 53 ( Areas that need attention: 618 E DUNHAM AVE Accessory Buildings Location: Garage See Comments The garage in its current condition does not constitute a public nuisance. However, if the primary structure is demolished and no primary structure is immediately built on the property, the.garage must be demolished as well because it is an accessory use only pursuant to Des Moines Code Section 1J Ductwork Water Damage Compliance, International Property Maintenance Code Electrical System Electrical Permit Electrical System Electrical Permit Defect: In disrepair Exterior Walls Building Permit Floor Joists/Beams Building Permit Mechanical System Mechanical Permit Defect: Water Damage Interior Walls /Ceiling Building Permit \\mmappsl\d-volume\appdata\tidemark\drd_41\forms&reports\dsmcodpubno.rp- COD

5 Roof Building Permit Smoke Detectors Compliance with International Building Code Defect: Not Supplied Soffit/Facia/Trim Compliance with International Building Code Sub Floor Building Permit Windows/Window Frames Compliance, International Property Maintenance Code Defect: Cracked/Broken \\CDMAPPSl\D-VOLUME\APPDATA\Tidemark\Drd 41\Forms & ReDortsXdsmCODPubNo.m- COD

$Polk/Des Moines Assessor - 2/716-- Listing Page 1 of 4 pofk CWW 'Asfe^Cft- ^ JCXM [ Home ] [ Gengral^uery ] [ Legal_Quei^ ] [ HomeOwner Query 1 \ Book/Page Query 1 \ Commercial Query ] [ Res Sales$

6 Polk/Des Moines Assessor - 2/716-- Listing Page 1 of 4 pofk CWW 'Asfe^Cft- ^ JCXM [ Home ] [ Gengral^uery ] [ Legal_Quei^ ] [ HomeOwner Query 1 \ Book/Page Query 1 \ Commercial Query ] [ Res Sales Query ; [ Comm Sales Ouep/ ] [ Helg ] District/ParceI GeoParcel Map Nbhd Jurisdiction Status 2/ DM23/Z DES MOmES ACTIVE School District 1/Des Moines Tax Increment Finance District Bond/Fire/Sewer/Cemetery Street Address 618 E DUNHAM AVE City State Zipcode DES MOINES IA Get Bigger Map 81 1 t j ''w <D.46' a cs I ' I a Pi Click on parcel to get new listing? ^!W-J -Hfi^-] 12 l 6 ' l " I -^ s '^-^.^G^^^E^^ f6,1 Gooele '_ i" l4b_ 3UNHAM-AVEf 62 L^ 6Q 6C (32pcd 7.1 ee-+ Tifrrt !7?1 715 e&-ee- 712 I714' 175: -go-^dut^we ^-^ 721 -I ^1 72 n' ^ T» S17 7,1?3 tr5 7 (?rigf 715 Approximate date of photo 3/21/214 Mailing Address MATT FORMARO 618EDUNHAMAVE DES MOINES, LA Leeal Description LOT 25 BLK 23 SECOND PLAT OF CLIFTON HEIGHTS Ownership Name Recorded (Book/Page RevStamps Title Holder #1 FORMARO, DANIEL /973 Title Holder #2 Title Holder #3 Title Holder #4 OLECHNOVICS, SANDY FORMARO, MARK FORMARO, JOSHUA Assessment Class Kind Land Bldg AgBd Total Current 8,3 52,4 6,7 Estimate Taxes Polk County Treasurer Tax Information Pay Taxes Taxable Value Credit Name Number Info httn:// 11/22/216

7 h++n-//ii»u/w accp.qc p.n nn11c ifl lls/f.o-i-1 Polk/Des Moines Assessor - 2/716-- Listing Page 2 of 4 53 B Homestead IFORMARO, MARK Zoning Description SF Assessor Zoning Rl-6 One Family, Low Density District Source: City ofdes Moines Community Development Published: Contact: Planning and Urban Design Land SQUARE FEET 4,81 FRONTAGE 4.C ipth 12. ACRES II.111 SHAPE RC/Rectangk )POGRAPHY N/Normal Residence # 1 OCCUPANCY SF/Single Famil: tesid TYPE FA/1 Story wi Finished Ati (LDG STYLE BG/Bungalow YEAR BUILT 1911 FAMILIES xrade 5 GRADE ADJUST +11 CONDITION PR/Po 'SFLA 955 MAIN LV AREA 721 LTTIC FINISH 2:!SMT AREA 531 ENCL PORCH 16! 'OUNDATION B/Brii ;XT WALL 'YP VN/Vinyl Siding ROOF TYPE GB/GabL IOOF iaterl ^/Asphalt Shing BEATING A/Gas Forced Air AIR COND ( iathrooms iedrooms 3 ROOMS <

8 Polk/Des Moines Assessor - 2/716-- Listing Page 3 of 4 ^B is 4S Enc Por-ch g, as 2S 24 Enc Pot^ch 12 2 Detached # 11 OCCUPANCY I GAR/Garagi 'ONSTRTYPE] FR/Frair ^UEASCODE D/Dimensions MEASUREl K IEASURE2 1 >TORY HEIGHT 1 GRADE i EARBIHLT 191 :ONDITION NM/Normal Seller Buyer Sale Date iale Price Instrument ook/page FORMARO, MATTHEW OLECHNOVICS, SANDY ,5 D/Deed 5634/63 Year Type Status Application I Permit/Pickup Description Current U/Pickup rw/to /ork I RV/Review Value FIRE 21 U/Pickup CA/Cancel IAL/REMODEL 1988 P/Permit NA/No..dd Repair Foundation Year Tyge ^lass <ind Land Bldg AgB Total 215 residential?ull 8,31 52,4 6,7 ht+n:// 11/22/216

9 11/22/216 Polk/Des Moines Assessor - 2/716-- Listing of 4 pa33b 213 8,4 53,3 61, ,4 52,9 61,3 29 Pull 8,8 53,9 62,7 27 8,8 53,9 62,7 25 6,2 39,7 45,9 23 5,35 34,32 39, ,7 26,77 31, ,14 32,3 35, ,8 28,81 31, ,63 27,4 29, ,34 24,8 26, ,34 21,9 24, Was Prior Year 2,34 2,29 22,63 this page Room 195, 111 Court Avenue, DesMoines, U539 Phone 51S /Fax pofkweb(^),assess. co. nofk. ia. MS

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ABATEMENT OF PUBLIC NUISANCES AT th STREET

Roll Call Number Agenda Item Number Date...Febmary.22, 21.6. ABATEMENT OF PUBLIC NUISANCES AT 111 26th STREET WHEREAS, the property located at 111 26 Street, Des Moines, Iowa, was inspected by representatives