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Ordinance Directing the Housing Inspector to Repair or Demolish a Dwelling at 4040 Appleton Way 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: 4040 Appleton Way Ordinance Attachment #2: 4040 Appleton Way Case File Summary Attachment #3: 4040 Appleton Way Findings of Fact and Order Attachment #4: 4040 Appleton Way Photos |
PURPOSE:
The purpose of this ordinance is to obtain approval for the Housing Inspector to take appropriate action in order to repair or demolish the detached garage at 4040 Appleton Way in order to bring the dwelling into compliance with the Minimum Housing Code (“MHC”).
BACKGROUND:
The detached garage of the dwelling at 4040 Appleton Way has been identified as dilapidated through the Minimum Housing Code enforcement process and deemed “Unfit for Human Habitation.” The entirety of the dwelling is a vacant single-family house and detached garage. The initial inspection was conducted on July 14, 2021. The case began with a complaint from the neighbor as to the condition of the detached garage. The dwelling was occupied by the owner, Rosalie Cuilwik (“Owner”). The Complaint and Notice of Hearing was issued on July 12, 2022. The hearing was held on July 28, 2022. The Owner did not appear before the Hearing Officer. The Hearing Officer issued a Finding of Fact and Order on August 15, 2022.
The Finding of Fact and Order found that the dwelling, a detached garage accessory structure to the principal dwelling, was unfit for human habitation. The Owner was ordered to bring the dwelling into compliance with the MHC by repairing the garage or demolishing and removing the garage from the property. The Owner had until November 15, 2022, 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 did not appeal the Findings of Fact and Order. The Owner did not complete the necessary repairs or take action to demolish the detached garage.
Code Enforcement officers connected the Owner with WARM to assist in the demolition of the garage and other home repair needs. Assistance efforts were unsuccessful. The property remains in violation, with no efforts to repair or demolish the detached garage. Officers are in contact with the Owner’s daughter about this situation, and she is assisting in finding a resolution.
An inspection was conducted on December 16, 2024. The inspection revealed no improvements had been made.
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BUDGET IMPACT:
N/A
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RECOMMENDATION / ACTION REQUESTED:
Approval of the ordinance to repair or demolish the detached garage within 30 days is recommended.