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HomeMy Public PortalAbout17497SPECIAL TAX BILL NO. 17497 SPECIAL TAX BILL for the maintenance of 410 E. Hess Way in the City of Jefferson, Missouri. OFFICE OF THE CITY CLERK City of Jefferson Shannon L & Joyce M Henry , owner(s) of the hereinafter described lot or piece of ground, in the City of Jefferson, Missouri, located at: 410 E. Hess Way PROPERTY ID 1104180001001039 SUBDV. DESCRIP: NW 5ASW 1'0LOTS 8 75, SSE 55, NETO 01008/ 5PT LOT POB 7. BEG NE COR LOT 7; NW 40' POB; To City of Jefferson, for work done and materials furnished on said property and chargeable as a lien against the hereinafter described lot or piece of ground in said City of Jefferson, $9,868.00 ; said work having been executed as follows: Demolition $9,618.00 Administrative Costs $250.00 TOTAL DUE $9,868.00 I, Emily Donaldson, City Clerk of the City of Jefferson, Missouri, do hereby certify that on / �,l ./ 2022. said Department of Planning & Protective Services did certify to said City Clerk that the abov costa were accrued by the City of Jefferson for the maintenance of the property located at 410 E. Hess Way and that said costs were for the purpose of bringing the condition of the property into compliance with the Code of the City of Jefferson. The work was performed on March 31, 2022 I further certify that this tax is a lien against the lot or piece of ground therein described, and bears interest at a rate of eight percent (8%) which shall begin accruing 30 days after the date of approval and continue at said rate until paid. If not paid, this lien shall be turned over to the Cole County Tax Collector for inclusion in property taxes assessed to this property. In Witness Whereof, 1 have hereunto subscribed my name and affixed the corporate seal of the City of Jefferson, this ) day of City Clerk Approved by me this day of Cuve' Mayor , 20 20 Received payment in full and CANCELED this day of , 20 by Signature Title City of Jefferson 320 E. McCarty Street Jefferson City, MO 65101 (573) 634-6311 Shannon L & Joyce M Henry 410 E Hess Way Jefferson City, MO 65101 Dear Mr. & Mrs. Henry : April 4, 2022 Carrie Tergin Mayor Emily Donaldson City Clerk edonaldson@jeffcitymo.org Enclosed is Special Tax Bill No. 17497 which has been issued against your property located at: 410 E. Hess Way in Jefferson City, Missouri. The City has placed this lien against your property to collect funds expended by the City for nuisance abatement on this property. This lien must be paid in full before it will be released from our records. Payment should be made payable to: "City of Jefferson," and mailed to: Office of the City Clerk, 320 E. McCarty Street, Jefferson City MO 65101. Tax liens which become delinquent are turned over to the Cole County Tax Collector's Office each year for inclusion in your annual property tax assessment. After they have been turned over to the County, they can no longer be paid to the City. A copy of the Special Tax Bill, nuisance violation letter, along with before and after abatement photos may be viewed at www.jeffersoncitymo.gov/government/special_tax_bills.php. If you have questions about the work which was done, or the process for issuing tax liens, call Mr. Dave Helmick in Planning & Protective Services at 634-641Q. If you have any questions about paying your tax bill, please call my office at 634-6311 or email: edonaldson@jeffcitymo.org. Sincerely, Emily Donaldson City Clerk Enclosure cc: Planning & Protective Services Dept. 740 DATE SENT TO CITY CLERK: 4/1/2022 CERTIFICATION OF COST Property ID # 11-04-18-0001-001-039 Subdivision/ LOHMANS INLOTS 1005 TO 1008 PT LOT 7: BEG NE Property Description: Property Address: COR LOT 7; NW 40' POB; NW 55; SW 108.75; SE 55; NE 108.75 POB 410 E Hess Way Person of Ownership: Mailing Address: HENRY, SHANNON L & JOYCE M, 410 E HESS WAY JEFFERSON CITY, MO, 65101 I hereby certify that the following expenditures have been incurred by the City of Jefferson and that the attached notice(s) were sent via first class mail to the owner and occupant on the dates indicated therein. Date work done Type of work Cost 3/31/2022 Demolition $9,618.00 Administrative cost: (long distance telephone calls, mailing, posting of property, Sign materials, search of ownership) $250.00 Total $9,868.00 ‹-- Signature of Supervisor 4611 Tanner Bridge Road Jefferson City, MO 65101 dumptruckdriverl@yahoo.com March 31, 2022 City of Jefferson Demolition of 410 Hess Way $9,618.00 TOTAL AMOUNT DUE $ 9,618.00 https://www.midmissouriearthmovers.com/ BEFORE THE DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES OF THE CITY OF JEFFERSON, MISSOURI IN RE: 410 E HESS WAY JEFFERSON CITY, MISSOURI CITY OF JEFFERSON, Plaintiff, vs. SHANNON & JOYCE HENRY, Defendants. FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT Based upon the evidence presented at the July 20, 2021 hearing, the Hearing Examiner makes the following findings of fact: 1. Definitions. For purpose of these Findings of Fact: Code shall mean the Code of the City of Jefferson as adopted and revised. Defendant shall mean Shannon Henry and Joyce Henry or their representative. Hearing date shall mean July 20, 2021. Inspector shall mean City of Jefferson Housing Property Inspector David Helmick. Owner shall mean Shannon Henry and Joyce Henry. Subject property shall mean the structure located at 410 E Hess Way, Jefferson City, Missouri. 2. The Inspector consulted the records of the Recorder of Deeds and the Assessor, both of Cole County, Missouri, and determined that the subject property is owned by the Defendant. The property is owned by the Defendant as of Record Information Report received on or before May 24, 2021. 3. The Inspector investigated the subject property for code violations and as part of his investigation took pictures of the subject property. Initial photos taken March 23, 2021 with updated photos taken July 19, 2021. 4. The Inspector found violations of the Dangerous Building Code, which is codified in Section 8-82 of the Code of the City of Jefferson. The violations are declared nuisances by Section 8-83 of the Code of the City of Jefferson. The violations are as follows: a. Roof is damaged and exposing interior of the building to the elements; b. Structure is extremely fire damaged and interior floors have collapsed or are in a state of partial collapse; c. The deteriorated state of the roof and walls may become fall hazards, if left in current state; and d. These conditions violate 8-82 Dangerous Buildings Code Sections D, I, and K. Page 1 of 4 e. Corrective Actions required are: i. obtaining all required permits, ii. remove all trash, debris and materials from exterior of property and dispose of in a legal manner, iii. repair or replace and sanitize all damaged/failing components of the structure, or iv. demolish the structure. 1. Until any or all are complete, maintain security of the property against unauthorized access. 5. Based on his training and experience, and fulfilling his assigned duties, the Inspector concluded that the subject property was not in compliance with the Code as aforementioned as there were nuisances pursuant to Chapter 8 of the Code. The Inspector determined the aforementioned nuisances required abatement. 6. The Inspector notified the Owner by certified mail that the subject property was in violation of the Code, citing the specific sections of the Code and describing the specific violations. Further, the Inspector advised the Owner of the actions required to abate the nuisances. Finally, the Inspector advised the Owner of the time given to the Owner to abate the nuisances. This notice was mailed on March 23, 2021. 7. In order to provide notice to any other unknown parties claiming an interest in the property, the Inspector posted the notice provided to the Owner on the subject property. 8. The Owner did not abate all the nuisances within the time prescribed by the Inspector. 9. The Department of Planning and Protective Services of the City of Jefferson notified the Owner of a nuisance hearing to be held on the hearing date, to determine whether or not the building or structure involved is a public nuisance, whether or not the procedures required by the Chapter 8 of the Code have been substantially followed, and whether or not the abatement orders were reasonable by mail on May 18, 2021. A copy of this Notice was posted on the property to notify any other unknown parties who claim an interest in the subject property. 10. At said hearing, held on the hearing date, the Inspector testified as to his findings, abatement orders, and the procedures followed, as recited in the preceding paragraphs of this order. The Inspector 's testimony is found to be credible. 11. At said hearing, although duly notified of the date, time, and location of the hearing, the Owner failed to appear and nobody appeared on the Owner's behalf. The evidence presented by the City was not rebutted. 12. At the hearing, the City presented and the Hearing Examiner accepted into evidence, the following: Exhibit A: Record Information Report from Title Search for 410 E Hess Way Exhibit B: Declaration and Notice of Public Nuisance and Order to Abate Exhibit C: Notice of Hearing Exhibit D: Signed Certified Mail for Notice of Hearing Exhibit E: Affidavit of Publication for Notice of Hearing Exhibit F: Photos of property taken on March 23, 2021 Exhibit G: Photos of property taken on July 19, 2021 13. The costs to repair or maintain the building or structure so that it would no longer constitute a public nuisance would equal or exceed fifty percent (50%) of the value of the building or structure, therefore demolition of the structure is recommended. A security fence is required to maintain security of the property and protect the community against potential Page 2 of 4 dangers presented by the nuisance currently present on the subject property until such a time as the nuisance has been abated. 14. The nuisances remain at the subject property that require abatement. 15. The Hearing Examiner takes judicial notice of the Code of the City of Jefferson and incorporates the same by reference. CONCLUSIONS OF LAW A dangerous building is defined by Section 8-82 of the Code as "All buildings or structures that are detrimental to the health, safety, or welfare of the residents of the City of Jefferson" and which is in violation of any of the provisions of Sections 8-82(A) through 8-82(K). Dangers buildings are declared public nuisances pursuant to Section 8-83 of the Code. The Dangerous Building Code requires the Hearing Examiner to determine the following: (a) whether the structure is a public nuisance under the terms of the Dangerous Building Code; (b) whether the procedures required by Chapter 8 have been substantially followed; and (c) whether the abatement orders were reasonable and within the standards of Chapter 8. 1. The structure is a public nuisance. A structure can be a public nuisance under the Code if the structure violates the Dangerous Building Code. The evidence presented at the hearing demonstrates that the conditions of the subject property violated the Dangerous Building Code and are therefore public nuisances. The specific sections of the Dangerous Building Code are those identified in Section 4. 2. The procedures of Chapter 8 were substantially followed. If the Inspector determines a public nuisance exists, the Code requires him to provide a notice of public nuisance that meets three requirements. First, the notice must be served to the owner, occupant, and all other persons having a potential interest in the property as shown by the records of the Recorder of Deeds for the appropriate county of the property. Second, the notice must set forth a description of the conditions that constitute a public nuisance. Third, the notice must provide for the abatement of the nuisance and give a reasonable time to commence and complete the work. The subject property is located in Cole County, Missouri. The Inspector consulted the records of the Recorder of Deeds and Assessor in Cole County, Missouri, where the property is situated. The records of the Recorder of Deeds and Assessor showed that the Defendant is the owner of the subject property. The letter to the Owner contained information advising it of the nuisances which were found at the subject property and the actions necessary to abate the nuisances. The Inspector required that the abatement actions be commenced immediately and proceed without delay until completed. Page 3 of 4 As the nuisances could have been abated within the time provided by the Inspector, the abatement orders were reasonable. In summary, the Inspector served written notice: 1) to the owners, occupants, and all other persons having an interest in the property; 2) containing sufficient description of the conditions found that caused a public nuisance; 3) giving a reasonable time to commence the abatement; and 4) requiring that the work proceed without delay. As a matter of law, I conclude that the Inspector substantially followed the procedures of the Code. 3. The abatement order of the housing inspector was reasonable and within the standards of Chapter 8. The abatement orders identified in Section 4 are found to be reasonable and within the standards of Chapter 8. 4. Conclusion Public nuisances do exist at the subject property. The procedures required by the Code have been substantially followed. The abatement orders issued by the Inspector were reasonable and within the standards of the Code. DECISION WHEREFORE, upon the basis of competent and substantial evidence presented at the hearing held on the hearing date, including the testimony of all the witnesses and exhibits accepted into evidence, it is the decision of the Hearing Examiner that the violations stated in Section 4 are public nuisances and that the proper abatement for these nuisances is to perform suggested corrective action, which is to demolish the structure. If the abatements stated in Section 4 are not performed within thirty (30) days of this order the City shall arrange for abatement in accordance with the Code. Costs for said abatement shall be assessed against the subject property in accordance with the provisions of the Code, which may include a lien on the subject property or a lawsuit against the Owner. If the City is required to abate the nuisances then the City shall do so as described in Section 4. Date - Hearing Examiner Page 4 of 4