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Ordinance Directing the Housing Inspector to Vacate, Close and Repair or Demolish the Dwelling at 333 Mercer Avenue as Unfit for Human Habitation Pursuant to Article V, Chapter 16 of the City Code and Directing That a Notice Be Placed Thereon Prohibiting Its Use or Occupancy
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Department: |
Housing and Neighborhood Services |
Meeting Date: |
February 4, 2025 |
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Contact Name: |
Brian Renner |
Public Hearing: |
Yes |
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Contact Phone: |
910-341-3266 |
Advertising Date/Advertised By: |
January 21, 2025 January 28, 2025 |
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Attachments: |
Attachment #1: Ordinance Attachment #2: Case File Summary Attachment #3: Findings of Fact and Order Attachment #4: 333 Mercer Ave Photos |
PURPOSE:
The purpose of this ordinance is to obtain approval for the Housing Inspector to take appropriate action in order to bring the dwelling at 333 Mercer Avenue into compliance with the Minimum Housing Code (“MHC”).
BACKGROUND:
The dwelling at 333 Mercer Avenue has been identified as dilapidated through the MHC enforcement process and deemed “Unfit for Human Habitation.” The dwelling is a vacant, single-family house and detached garage. The initial inspection was conducted on June 20, 2023. The case began with a complaint from WPD as to the condition of the vacant dwelling and occupancy by non-residents. The dwelling was boarded by Code Enforcement. The Complaint and Notice of Hearing was issued on December 5, 2023. The hearing was held on December 21, 2023. A family member, Thomas Harrison, appeared before the Hearing Officer. The Hearing Officer issued a Finding of Fact and Order on January 15, 2024.
The Finding of Fact and Order found that the dwelling was unfit for human habitation. The owner was ordered to bring the dwelling into compliance with the Minimum Housing Code by repairing the dwelling or demolishing and removing the dwelling from the property. The owner had until January 1, 2025, to bring the dwelling into compliance or be subject to a civil penalty of $100 per day. Further, City Council could, after hearing, cause the repair or demolition and removal to be done, and the costs for that action would result in a lien upon the property. The owner was ordered to close and secure the dwelling until it was found to be in compliance with the MHC. While the dwelling is out of compliance, the owner shall not occupy, offer the dwelling for rent, or receive any rent. The owner did not appeal the Findings of Fact and Order. The owner did not complete the necessary repairs or take action to demolish the dwelling.
Code Enforcement officers have made additional efforts to contact potential heirs. Code Enforcement has secured the house and garage on several occasions. The property remains in violation, with no efforts to repair or demolish the dwelling.
An interior and exterior inspection was conducted on December 16, 2024. The inspection revealed no improvements had been made.
budget
BUDGET IMPACT:
N/A
recommendation
RECOMMENDATION / ACTION REQUESTED:
Approval of the ordinance to repair or demolish the dwelling within 30 days is recommended.