Greensburg officials made clear at their October 6 council meeting their intent to move forward with plans to prosecute chronic violators of the City’s nuisance property code.
City Attorney Gordon Stull reported to council that he had recently issued letters to owners of offending properties notifying them of the need to contact the City’s Community Development Director Mike Gurnee, within seven days of the letters’ mailing, to reach an agreement as to how and when the neglected properties can be brought into compliance with city code.
Gurnee confirmed to The Signal Thursday that nine letters referencing as many properties held by six owners had been mailed September 25, meaning property holders had until October 2 to contact his office. As of last Thursday four of the owners had been in contact with Gurnee, with one of the two others owning three of the properties in violation of code. Gurnee was preparing a report to Stull Thursday indicating the progress he’d made with the four owners he’d spoken with, as well as identifying the two owners who’ve yet to respond to the letter.
“It’ll be up to Steve (Hewitt, City Administrator) and Gordon as to how and when they’ll deal with those two owners,” Gurnee said.
In the body of the letter he mailed last month Stull tells violators the council has “directed” him to “file charges in Municipal Court” against them, “seeking fines and punishment” if they either fail to reach agreement with Gurnee as to a remedy of the problem, or welch on such an agreement. Consequences include a fine of up to $1,000 and/or a jail sentence of up to 179 days.
Stull also points out council has likewise directed him to file “the administrative procedure” against them “provided for (in) the Code to see abatement,” meaning the City could correct the nuisance and charge the landowner for the service. Stull indicated Monday night his intent to seek both filings in Municipal Court and abatement against violators failing to rectify their property problems.
Gurnee originally inspected the properties last spring and sent an “informal” letter to violators six months ago asking for voluntary compliance. When those pleas went unheeded Hewitt and Stull told city council last month of their intent to proceed with legal measures against any who continue to neglect their properties found in violation. Council concurred with the approach.
Of the nine properties addressed by letter, one each is owned by individuals living in Colorado, Offerle and Pratt. The other three are Kiowa County residents, one of which owns three of the properties, and another a pair. Of the four landowners who’ve contacted the City since the letters’ mailing, one has settled upon a signed agreement with Gurnee as to how he’ll address his property’s shortcomings.
“We’ve agreed how he’ll take care of it within 45 days,” Gurnee said. “The one living in Colorado is willing to work with me. We’ve talked by phone but haven’t yet gotten a signed agreement. The other two are working out procedural matters with me in regard to their lots.”
As for the properties held by the two owners yet to respond, Gurnee said upon inspection Wednesday he “found they’re still in the same shape.”
Gurnee also said the nuisance violations are a “mixture” of overgrown weeds and debris and structural disrepair. “One,” he said, “is just weeds with a bit of debris, while another involves weeds with an open foundation and the others are mainly structural, like one that’s an old garage in a backyard that was just collapsed by the storm.”
Another batch of a dozen or so letters will likely be mailed within the next week, according to Gurnee, with “maybe another 50 or so properties yet to go.” He said dealing with 10 or so at a time is more manageable than “trying to do them all at once.”
“These structural problems are mainly what we’d call an ‘attractive nuisance,” he said. “That means that such things as broken out windows provide an attraction, or inviting place for kids to explore and get hurt in, sort of like not having a fence around a swimming pool.”
Gurnee echoes a sentiment expressed in Stull’s letter telling landowners that while the City understands that property deficiencies created by the tornado 17 months ago cannot reasonably be “corrected or eliminated in a short time,” the municipality also believes “enough time has now passed that property owners should have their property in compliance with City Code or be quickly working to make that happen.”
“We’ve talked about this before and given people a chance to act voluntarily,” Gurnee said. “They still have that chance if they respond to the letter and try to work something out with us. It’s our hope everyone will make that effort.”
Time, however, now appears to be running out for those owners who don’t make that effort; and likely not a moment too soon for residents living near one of those properties on Mike Gurnee’s list.
Greensburg, KS —
