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Ordinance Directing the Housing Inspector to Vacate, Close, and Repair the Dwelling at 401 North Kerr 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 & Neighborhood Services |
Meeting Date: |
10/21/2025 |
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Contact Name: |
Brian D. Renner |
Public Hearing: |
Yes |
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Contact Phone: |
910.341.3231 |
Advertising Date/Advertised By: |
10/6/2025, 10/13/2025 |
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Attachments: |
Attachment #1: Ordinance; Attachment #2: Case File Summary; Attachment #3: Findings of Fact and Order; Attachment #4: Photos |
PURPOSE:
The purpose of this ordinance is to obtain approval for the Housing Inspector to take appropriate action to bring the dwelling at 401 N. Kerr Ave (“Dwelling”) into compliance with the Minimum Housing Code (“MHC”) within 90 days.
BACKGROUND:
The Dwelling was identified as deteriorated through the MHC enforcement process and deemed “Unfit for Human Habitation.” The Dwelling is a vacant, single-family house, and the initial inspection was conducted on February 10, 2023, after an officer’s observation as to the condition of the Dwelling.
The Complaint and Notice of Hearing were issued on April 9, 2024, and the hearing was held on April 25, 2024. The “Owner,” identified as “Cynthia Mitchell,” attended the hearing. The Hearing Officer issued a Finding of Fact and Order on August 29, 2024, finding that the Dwelling was unfit for human habitation. The Owner was ordered to bring the Dwelling into compliance with the MHC by repairing the Dwelling. The Owner had until January 29, 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 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 is prohibited from occupying the Dwelling or receiving any rent. The Owner did not appeal the Finding of Fact and Order and did not complete the necessary repairs. An interior and exterior inspection was conducted on October 2, 2025, and the property remains in violation.
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BUDGET IMPACT:
N/A
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RECOMMENDATION / ACTION REQUESTED:
Approval of the ordinance to repair the dwelling within 90 days is recommended.