ORD 36117 - Waive 15 day appeal requirement for condemned property at 4022 Lafayette Ave 4
OMAHA,A,�e •
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• ��_ � } l Law Department
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o®1 '�� 2 Omaha,Nebraska 68183-0804
< (402)444-5115
AOR44.0 F01°3 �4 C,i��' C�"M j, ` Telefax(402)444-5125
City of Omaha mA mA tl„ l4 L ;1? 5 � Paul D.Kratz
Mike Fahey,Mayor City Attorney
4
11
Honorable President
and Members of the City Council,
Transmitted herewith is an Ordinance, requested by Councilmember Frank Brown, waiving the
15-day appeal requirement for condemned property located at 4022 Lafayette Avenue. •The
owner of the property is Mary E. Adams.
Respectfully submitted,
7— ,
Alan M. Thelen • '
Assistant City Attorney
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ORDINANCE NO. 3 6 l/7
AN ORDINANCE to waive the fifteen (15) day appeal requirement in Section 43-38 of the
Omaha Municipal Code for condemned property at 4022 Lafayette Avenue, owned by
Mary E. Adams; to permit a condemnation appeal at a hearing to be included on the next
City Council agenda immediately following the effective date of this Ordinance,provided
that the other requirements of Section 43-38 be complied with prior to the said next City
Council hearing; and to provide the effective date hereof.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
Section 1. Notwithstanding the provisions of Section 43-38 of the Omaha Municipal
Code, the fifteen (15) day appeal requirement in said Section is hereby waived for the
condemned property located at 4022 Lafayette Avenue, owned by Mary E. Adams, to permit her
to appeal the condemnation, said appeal to be included on the next City Council agenda
immediately following the effective date of this Ordinance, provided that the other requirements
of Section 43-38 be complied with prior to the said next City Council hearing after the effective
date of this Ordinance.
Section 2. This Ordinance shall be in full force and take effect on the date of its passage.
INTRODUCED BY COUNCILMEMBER
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APPROVED BY:
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CI
TY OF THEITY OF MAHA A E
PASSED _,DEC 0 2002 7
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ATT ST:
C : CLERK -, E_C,T 'OF OM A ATE
APPROV D AS TO FORM:
- 7`CITY ATTORNEY DATE
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REQUEST TO LAW LAW DEPARTMENT USE ONLY:
PF.CEIVED _
LOG BOOK #301-02 = CITY CLERK
TO: Paul Kr ,tz 1to i- = 31 DATE ASSIGNED 10/31/02
DATE: October 30, 2002 ASSIGNED TO 'f h "-
REQUEST BEING MADE BY: DATE ANSWERED \\' C
Buster Bre ',* - City Clerk 5557
(NAME) • (DEPARTMENT) (PHONE)
TIME LINE: 12 WOR41NG DAYS FROM DATE RECEIVED BY I AW DEPARTMENT
��rvt-o� �-c� cv v�Z r-i n c-rrv7�� r-r
November 19, 2002 Council Agenda
,REQUEST FOR: Ordinance for November 19, 2002 Council Agenda
(State Specifically What You Are Requesting)
REQUEST DETAILS:
Please prepare an ordinance for first reading at the November 19, 2002 Council
meeting to waive the 15 day condemnation appeal period for the property at 4022 -
Lafayette Avenue, owned by Mary E. Adams.
This will be introduced by Councilmember Frank Brown.
INFORMATION ATTACHED: YES NO X NONE AVAILABLE
REVISED: 01/02/92
RFC
ll
En
Kevin Denker 42 QC j 25 City Housing and Inspection P 4 1 34
Buster Brown 0/y 4 H T y C l L6f?n
City Clerk `� Nt fvs � c n
Dear Sir:
The house located at 4022 Lafayette was purchased by `
Mary Adams-Veasley on October 25, 2002. She is fully aware
of the code violations on the property. In fact , many of the violations
have already been taken care of and improved. The items that will
take more time is outside painting and cement work which are
slowed by the now winter weather. We are requesting six months
until April.25,2003 to complete all the inside and outside work.
I am enclosing the$300 refundable bond.
Thank you,
Mary Adamsliiillim
1304 N 50th Ave.
Omaha,NE 68132
402-551-0882
9/Z 'd 0910'°N 106£:O1 ZOOZ '9Z'PO
1
RECEPlanning Department
Omaha/Douglas Civic Center
• `�' 09 1819 Farnam Street,Suite 1100
OCT _
PP 1 149 Omaha, Nebraska 68183-0110
• (402)444-5200
q (402)444-5 150
'TF°FEd"`. CITY• C L E 7It Telefax(402)444-6140
City of Omaha M A S Robert C.Peters
Mike Fahey,Mayor Director
•
October 3, 2002
US Bank %Equi Credit MCFL 90150214
10401 Deerwood Park Blvd
Jacksonville, FL 74062
RE: 4022 LAFAYETTE AV
Owners of record and to any and all persons having any right, title or interest in the property legally
described as following:
•
Lot 6, Wills Subdivision Addition
WHEREAS, a condemnation hearing was held on October 3, 2002 and the above-referenced
Dwelling and garage was declared a nuisance and condemned.
THEREFORE, you as owner, lessee, mortgagee of record, or occupant of such building are
hereby ordered to demolish and remove the above- referenced building or structure.
You have fifteen (15) days from the date of the condemnation hearing to appeal this order to the
City Clerk's Office. If an appeal is not made to the City Clerk's Office within fifteen (15) days, the
order becomes effective at that time and is final. The appeal procedure is described in the
enclosed attachment. The structure or building encompasses 1504 square feet.
Sinec�e /, . •
y:, (,,,�
Kevin4 Denker
Chief Iiiousing Inspector
C!✓Buster Brown, City Clerk
Wes Nelson, Key Real Estate. 501 S Main St, Council Bluffs, IA 51503
•
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Sec. 48-38. Appeal, procedure.
(a) Whenever a determination and order is made as provided in section 43-35, the
owner, lessee, occupant or mortgagee of record may appeal the determination and
order to the city council by filing with the city clerk written objections to said
determination and order, a cash deposit or corporate surety bond within fifteen (15)
days from the date of the determination and order and a work chedult approved by
the Planning Department. The written objections shall set forth the location of the
property, and all grounds for the objections. The cash deposit or surety bond shall be
as follows:
(1) A structure of I to 3,000 square feet $300.00
(2) A structure 3,001 to 9,999 square feet $1,200.00
(3) A structure 10,000 square feet or more $3,000.00
The purpose of the cash deposit or corporate surety bond is to provide an additional
assurance that the appellant has the resources and intent to repair the structure, as
provided by the Omaha Municipal Code, within a reasonable specified time and that
the structure will remain safe and secure until all repairs have been completed. The
cash deposit or bond will be returned to appellant only after all required repairs
have been made to the structure per the order of the director or his duly authorized
administrator is affirmed.
(b) Upon receipt of such written objections to the determination and order, the cash
deposit or corporate surety bond and the work schedule, the city clerk shall set a
hearing date and shall immediately notify the director of the planning department
or his/her duly authorized administrator and the objectors in writing that the
hearing has been set before the city council, stating the date, time and place of the
hearing and that the parties are to appear before the city council to be heard on the
matter.
(c) The city council shall hear the testimony of the objectors and the director of the
planning department and other interested parties; and after the hearing, the city
council may affirm, modify or reverse the determination of the director of the
planning department or his/her duly authorized administrator.
(d) In the event that the appealing party does not make the necessary repairs on the
building or structure within the specific time or fails to keep the building or
structure secured, the cash deposit or bond shall be forfeited as a penalty. This
provision may be modified by the city council.
(e) In the event the city council grants an extension to the appealing party and the
repairs are not completed during that time period, a subsequent cash deposit or
surety bond equal to the amount of the original, shall be provided in order to
continue the condemnation appeal. Only the most recent subsequent cash deposit or
surety bond will he returned after all required repairs have been completed,
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THE DAILY'� �RuECORD
r� "NOTICE'TO PUBLIC' _. OF OMAHA
The."followr Ordinance,has been' ei.for RONALD A. HENNINGSEN, Publisher
atty it loc n.m. e Legislative
PROOF OF PUBLICATION
at 2:00 o'clo`ck p.m. in the Legislative
Chambers, Omaha/Douglas Civic Center,
1819 Farnam Street, at which hearing' all' UNITED STATES OF AMERICA,
persons interested,may be heard.
AN ORDINANCE to waive the fifteen (15) 1 eStateofNebraska,
day appeal requirement in Section 43-38 of District of Nebraska, ss.
the Omaha Municipal Code for condemned County of Douglas
property at 41)22 Lafayette Avenue; owned City of Omaha.
Iby Mary E. Adams; to permit a
condemnation appeal at a hearing to be
included on the next City Council agenda JOHN P. EGLSAER
immediately following the effective date of
this Ordinance, provided that the other being duly sworn.deposes and says that he is
,requirements of Section 43-38 be complied
with prior to the said next City Council
hearing; and to provide the effective date ADVERTISING MANAGER
hereof. -
BUSTER BROWN,
City Clerk of THE DAILY RECORD,of Omaha,a legal newspaper,printed and
11-22-02 published daily in the English language, having a bona fide paid
circulation in Douglas County in excess of 300 copies, printed in
Omaha,in said County of Douglas,for more than fifty-two weeks last
past; that the printed notice hereto attached was published in THE
DAILY RECORD,of Omaha,on
November 22, 2002
T aper during that time was regularly published and
Mil on in the County of Douglas, and State of
O•r G ER,...
3• %.--
•
Publisher's Fee E...:
ti N
�... Su ;/ . in my p rn to
EXPIRES
before me this / day of
:.7, �•- o��;: ... November 0/ 02
�gIFOF 1\11.0• 5
Notary Pull c and fo gins County,
tate of Nebraska
'NOTICE TO PUBLIC' THE DAILY RECORD
ORDINANCE NO.36117 OF OMAIIA
AN ORDINANCE to waive the fifteen (15)
day appeal requirement in Section 43-38 of
the Omaha Municipal Code for condemned RONALD A.-HENNINGSEN, Publisher
property at 4022 Lafayette Avenue; owned PROOF OF PUBLICATION
by Mary E. Adams; to permit a
condemnation appeal at a hearing to be
included on the next City Council agenda UNITED STATES OF AMERICA,
immediately following.the effective date of
this Ordinance, ' t hat the other The State of Nebraska.
requirements of Section 14-38 be complied District of Nebraska, ss,
with prior to the said next "City Council County of Douglas,
hearing; and to provide the effective date City of O
hereof.
SUMMARY:
AN ORDINANCE to waive the fifteen (15) JOHN P. EGLSAER
day appeal requirement in Section 43-38 of
the Omaha Municipal Code for condemned being duly sworn,deposes and says that he Is
property at 4022 Lafayette Avenue; owned
by Mary E. Adams; to permit a
condemnation appeal at a hearing to be ADVERTISING MANAGER
included on the next City Council agenda,
immediately following the effective date of of THE DAILY RECORD,of Omaha,a legal newspaper,
this Ordinance, provided that the other gaprinted and
requirements of Section 43-38 be complied published daily in the English language, having a bona fide paid
with prior to the said next City Council circulation in Douglas County in excess of 300 copies, printed in
hearing; and to provide the effective date
hereof. Omaha,in said County of Douglas,for more than fifty-two weeks last
PASSED: December 10, 2002, 7-0 past; that the printed notice hereto attached published in THE
APPROVED BY: was
MIKE FAHEY 12/12/02 DAILY RECORD,of Omaha,on
MAYOR OF THE
CITY OF OMAHA December 19, 2002
BUSTER BROWN,
City Clerk
11-22-02
sOgla(pieat r during that time was regularly published and
t' 'E .. in the County of Douglas, and State of
,af�srfa. !
c5.
PubtlsherN va....S.. �}
1�Y' CUP%' -ION :.A. .
AdaitionatL4Oirs .... .. Su In my p .: sworn to
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fp before me this .dray of
d)1 6:20I•';i@ Dec tuber 20 2
greOFNEBR
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Notes o less OTDity;
State of Nebraska