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HomeMy Public PortalAbout17664SPECIAL TAX BILL NO. 17664 SPECIAL TAX BILL for the maintenance of 307 Jackson St in the City of Jefferson, Missouri. OFFICE OF THE CITY CLERK City of Jefferson Marcellous Kronk , owner(s) of the hereinafter described lot or piece of ground, in the City of Jefferson, Missouri, located at: 307 Jackson St PROPERTY ID 1103080003017011 SUBDV. DESCRIP: N 37' OF S 65' OF W 92' IL496 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, $28,720.00 said work having been executed as follows: Demolition $28,470.00 Administrative Costs $250.00 TOTAL DUE $28,720.00 I, Emily Donaldson, City Clerk of the City of Jefferson, Missouri, do hereby certify that on / ( said Department of Planning & Protective Services did certify to said City Clerk that the above costs were accrued by the City of Jefferson for the maintenance of the property located at 307 Jackson St 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 November 10, 2022 1 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 ral_Y_l day of City Clerk Approved by me this 60 -1 -AA -Q - Mayor day of me,01 20 2 -2 - 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 Marcellous Kronk 1004 S Business 54 Fulton, Mo 65251 Dear Mr. Chaidez September 21, 2022 Carrie Tergin Mayor Emily Donaldson City Clerk edonaldson@jeffcitymo. org Enclosed is Special Tax Bill No. 17664 which has been issued against your property located at: 307 Jackson St 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 634-6410. 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. DATE SENT TO CITY CLERK: 11/17/2022 CERTIFICATION OF COST Property ID # Subdivision/ Property Description: Property Address: Person of Ownership: Mailing Address: 11-03-08-0003-017-011 CITY OF JEFFERSON INLOT N 37' OF S 65' OF W 92' IL496 307 Jackson St KRONK, MARCELLOUS 1004 S BUSINESS 54 FULTON, MO, 65251 I hereby certify that the following expenditures have been incurred by the City of Jefferson: Date work done Type of work Cost 11/10/2022 Demolition $28,470.00 Administrative cost: (long distance telephone calls, mailing, posting of property, Sign materials, search of ownership) $250.00 Total $28,720.00 Signature of Supervisor: November 10, 2022 At , LET III A _ 6111111.j 1 —1141Wriiil .-0. ;talk- . Mld-NO Mvv S�y cer. t 'Jura.. 4611 Tanner Bridge Road Jefferson City, MO 651.01. dumptruckdriverl @yahoo.com City of Jefferson Demolition of 307 Jackson Street $28,470.00 TOTAL AMOUNT DUE $28,470.00 https://www.midmissouriearthmovers.com/ BEFORE THE DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES OF THE CITY OF JEFFERSON, MISSOURI IN RE: 307 JACKSON STREET JEFFERSON CITY, MISSOURI CITY OF JEFFERSON, Plaintiff, vs. MARCELLOUS KRONK, Defendant. FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT Based upon the evidence presented at the March 16, 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 Marcellous Kronk or their representative. Hearing date shall mean March 16, 2021. Inspector shall mean City of Jefferson Housing Property Inspector T.J. Peterson. Owner shall mean Marcellous Kronk. Subject property shall mean the structure located at 307 Jackson Street, 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 January 19, 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 December 2, 2020 with updated photos taken March 15, 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. Soffit and fascia are in a deteriorated state and allowing elements to cause damage to the interior of the structure; Page 1 of 4 c. The deteriorated state of the soffit and fascia may become fall hazards, if left in current state; and d. These conditions violate 8-82 Dangerous Buildings Code Sections E, I, and K. e. Corrective Actions required are: i. obtaining all required permits, ii. repair or replace and sanitize all deteriorated/failing components of the structure, or iii. demolish the structure. iv. 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 December 3, 2020. 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 January 13, 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 appeared, and evidence was presented by the City. Owner then presented evidence. City then presented evidence to rebut evidence presented by the Owner. 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 307 Jackson Street Exhibit B: Declaration and Notice of Public Nuisance and Order to Abate Exhibit C: Certified Mail Tracking on USPS Website for Notice to Owner Exhibit D: Notice of Hearing Exhibit E: Certified Mail Tracking on USPS Website for Notice of Hearing Exhibit F: Photos of property taken on December 2, 2020 Exhibit G: Photos of property taken on March 15, 2021 Page 2 of 4 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 dangers presented by the nuisance currently present on the subject property until such a time as the nuisance has been abated. 14. There remain nuisances at the subject properly 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 properly 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 Page 3 of 4 required that the abatement actions be commenced immediately and proceed without delay until completed. 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: Bri ith Hearing Examiner Page 4 of 4 rR D rn tr- D tJ D D D D t-- U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postmark Here Recipient's RW t V " F) o Street, Apt. Na.; or PO Box No. City, State, re PS Form 3600, February 2000 See Reverse for Instructions Certified Mail Provides: IS A mailing receipt ■ A unique identifier for your mailpiece is A signature upon deliver? ■ A record of de€€very kept by the Postai Service for two years important Reminders: ■ :.Certified Mail may ONLY be combined with First -Class Mail or Priority Mail. ■ Certified .tail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables. please consider insured or Registered Mail. ■ For an additional fee. a Return Receipt may be requested to provide proof of delivery. To obtain Return Receipt service. please complete and attach a Return Receipt iFS Form 3811) to the a+t.icie and add applicable postage to cover the tee. Endorse f?taii0 iec.e "Return Receipt Requested". To receive a fee waiver for duplicate retunt receipt, a USPS postmark on your Certified Mail receipt is required. a For an additional fee. delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted agent. a if a lestm rs. on the Certified Mail receipt is des red. please present the arti- cle et the post office for postmarking, if a postmark' on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an inquiry. PS Form 3800, February 2000 (R:vterse) 102595-99-M-2087 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Room 120 Jefferson City, MO 65101 Carrie Terciin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6562 December 3, 2020 DECLARATION AND NOTICE OF PUBLIC NUISANCE AND ORDER TO ABATE KRONK, MARCELLOUS 1004 S BUSINESS 54 FULTON, MO 65251 Certified Notice#7015 3010 0000 8169 3299 RE: 307 JACKSON ST (PID:1103080003017011) Tracking # 20058 According to the records of the recorder of deeds and the Assessor's Office of Cole County, Missouri you are owner of the property located at 307 JACKSON ST, Jefferson City, Missouri, hereinafter referred to as the "property'. Attached to this letter please find Exhibit A, Assessor's Records, verifying said ownership. This notice is provided to you pursuant to sections 21-1 through 21-9 of the Code of City of Jefferson. All references to section number are from the Code of City of Jefferson. Pursuant to Section 21-6a (Statement of Nuisance), you are hereby notified that the property has upon it conditions which are in violation of the Property Maintenance Code. Properties which violate the Property Maintenance code are nuisances pursuant to section 21-1. This property is hereby declared a nuisance. The specific code sections of the Property Maintenance Code which have been violated are identified on Exhibit B, Column A. Exhibit B identified as "Statement of Nuisances Enumerated" is attached herewith. The specific conditions which violate the Property Maintenance Code are identified on the attached Exhibit B Column B. Pursuant to Section 21-6b (Corrective Action) you are hereby notified that the corrective action necessary to abate the nuisances identified above are found on Exhibit B, Column C. Pursuant to Section 21-6c (Correction Order) you are hereby directed to take action to abate the nuisance and proceed continuously without unnecessary delay. Abatement must be commenced and completed within the time frames found on Exhibit B, Column D. Pursuant to Section 21-6c(Statement of Abatement) you are hereby notified that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the City will abate such nuisance and assess the costs thereof against you as outlined in Sections 21-8 and 21-9. You are notified that the City may proceed against you for some or all of any violation which is not corrected within the prescribed times. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St Room 120 Jefferson City, MO 65101 Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6562 Pursuant to Section 21-6d (Order to Proceed without delay) you are hereby directed to begin abatement of the nuisance immediately, proceed continuously without unnecessary delay, and complete abatement within the time frame specified in Exhibit B, Column D. Pursuant to Section 21-7 (Service of Notice) this notice is being delivered to you by posting on the property, certified mail, first class mail and personal delivery, should you be willing to accept it. Pursuant to Section 21-8 (Right to Appeal) any owner or person receiving this notice has the right to request a hearing to appeal this declaration of nuisance. The request must be in writing and must be received by the Director of Planning & Protective Services of the City of Jefferson within 10 days of the date of the Notice. The Director may at his sole discretion, extend the time for filing the Request. The request for a hearing shall be on a form promulgated by the Director or shall be in writing and contain at least the name of the person requesting the notice, their mailing address, their phone number (if any), a statement that they request a hearing on the determination of a nuisance and the location of the nuisance. The procedure for any hearing requested pursuant to Section 21-8 is provided in section 21-9. Also attached please find Exhibit D Site Photos. Please note that Exhibit B, Column E, identifies a number that correlates to the photographs found in Exhibit D. Those photographs are included to assist in identifying the code violation. Please note that for consistency and continuity at any potential hearing, we have not identified any attachment as exhibit C (which is held in reserve to identify this letter). Please review the enclosed materials carefully and contact the City of Jefferson with any questions you may have. You may contact, T.J. Peterson, Housing/Property Inspector, 573-634-6410 to set up a meeting to discuss the notice of violation and the time table for corrective action. Thank you in advance for your cooperation, Sincerely, Housing/Property Inspector CC: Occupant Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or altemative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Parcel ID 1103080003017011 Owner Name MidMoGIS, MO Basement Type • KRONK, MARCELLOUS Fin. f3srnnt Sz-Sq Ft Mailing Address !1004 S BUSINESS 54 Year Built 0 City State Zip IUL"I'ON, MO 65251 Date Certified 1/1/2019 Property Address 307 JACKSON ST Prop Value -Land -Comm SO Property Description N 37' OF S 65' OF W 92' 1L496 Prop Value-Land-Ag 50 Subdivision CITY OF JEFFERSON INLOT Prop Value -Land -Res 57,000 Book -Page -Date 1 705-459 12/24/2019 Prop Value-lmprv-Comm SO Book -Page -Date 2 390-526 10/1/1997 Prop Value-Imprv-Ag SO Book -Page -Date 3 289-870 12/30/1985 Prop Value-Imprv-Res 522,800 Sec-Twn-Rng 8/44/11 Appraised Value S29,800 Exhibit A Sq Ft -Above Grade ? 0 Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed This is not a legal document and should not he substituted for a title searclr,appraisol, survey or for zoning verification. Map Scale 1 inch =25 feet 12/3/2020 12/3/2020 Residential Un-Occupied A Code Section Eea 8-82 Dangerous Buildings Sections E,I,K 8 Statement of Dangerous Conditions 307 Jackson St. B Description of Defects Structure is severely damaged by weather and neglect. Roof, Soffit, and Fascia are in deteriorated state and allowing elements to cause damage to the interior of the structure. c Correctives Required After obtaining all required permits and in a lawful manner, repair or replace, and sanitize all deteriorated/damaged components of the structure, or demolish structure. Owner is to maintain building security against unauthorized access before, during and after corrective action. D E II) O '- o ce n a E a) a 3 CI z 18 -Dec -2o 1,2,3,4, 5 Exhibit B 307 Jackson St. 12/02/2020 1 Sec. 8-82. - Dangerous buildings defined. All buildings or structures that are detrimental to the health, safety, or welfare of the residents of the City of Jefferson and that have any or all of the following defects shall be deemed "dangerous buildings": E. Those that are so dilapidated, decayed, unsafe, unsanitary, or that so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, safety, or welfare of those occupying such building. I. Those that have parts thereof that are so attached that they may fall and injure members of the public or property. K. Those that because of their condition are unsafe, unsanitary, or dangerous to the health, safety, or general welfare of the people of this city. Sec. 8-83. - Dangerous buildings declared nuisance. All dangerous buildings, as defined by section 8-82, are hereby declared to be public nuisances, and shall be vacated, repaired, or demolished as provided herein.