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RESOLUTION NO. R-1213-97: A RESOLUTION OF THE COUNCIL OF THE CITY OF NORMAN, OKLAHOMA, DECLARING THE HEREINAFTER-DESCRIBED PREMISES AS A NUISANCE PROPERTY; AND PROVIDING FOR NOTICE AND HEARING THEREOF. (1207 CRUCE STREET)
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BACKGROUND: The single-family home at 1207 Cruce Street has been the source of over seventy (70) calls for emergency service over the last twelve months, including (but not limited to) disturbing the peace, fighting, assaults, sexual assaults, shots fired, stabbing, drugs, and robbery. Twenty-five (25) arrests have been made for a variety of reasons with four convictions - four from Municipal Court and one from District Court, and additional charges are pending in Municipal Court and District Court.
In July 2012, Norman Police Officer Cook contacted Code Compliance and requested that a Code Compliance Inspector accompany him to the residence to determine if there were any code violations that needed to be addressed. A letter was sent to the owner of record, Ann Feaver, requesting her to be present to allow entry for inspection. Mrs. Feaver had been a resident in the house from 1979 until earlier in the year, and her adult son, James Feaver, was still in residence. The inspector found numerous violations including: no kitchen cabinets, appliances or sink; faulty water heater; broken windows, and exterior doors that could not be locked; missing flooring; roach infestation; many areas of missing sheetrock on the walls and ceiling; and exposed wiring.
The violations were explained to the owner at the time, and were followed by a letter documenting the violations and a sixty (60) day time frame for repairs. The owner did have the broken windows and doors repaired and the water heater replaced. She also had a stove brought back into the kitchen. For that reason, the time frame for compliance was extended.
On January 18, 2013, another inspection was made by a Code Compliance inspector, accompanied by a building inspector. It was determined that no further repairs had been made, and additional violations had been created. The owner indicated that she was unable to afford additional repairs at this time, and she intended to continue to allow her son and others to live there without a functioning kitchen, but that she would not be moving back.
On January 25, 2013, a letter was sent to the owner declaring the residence at 1207 Cruce to be uninhabitable, and the house was posted as well. The residents were given 24 hours to leave. The house remains placarded as uninhabitable.
DISCUSSION: Under Chapter 10 Section 203.1, the City Council is authorized to declare a property a "nuisance property" if certain conditions are met. The definition of a public nuisance is defined as: "a location zoned residential, where the occupants, invitees, owners or other persons utilize the property in a manner which shall annoy, injure, or endanger the safety, health, comfort, or repose of any considerable number of persons; shall offend the public decency; or shall in any way render considerable number of persons insecure in life or in use of property."
A location shall be determined to be a nuisance property if within a three hundred sixty-five day period, on three (3) different dates, citations resulting in a plea of guilty or no contest, or result in a finding of guilty, for violations in at least two (2) of the following chapters of the Code of the City of Norman: 10, Health and Safety; 13, License and Occupations; 15, Offenses; 20, Traffic Regulations; and 22, Zoning, or state law, affecting any considerable number of persons.
There have been six convictions, five in Municipal Court from Chapter 15, and one under State Statues in District Court that stem from conduct that occurred at 1207 Cruce Street. In addition, Norman Police Officers and Code Compliance inspectors have spoken with neighboring residents and property owners. These neighbors have conveyed a feeling of insecurity in their lives or in use of their properties as a result of the condition of the property at 1207 Cruce Street as well as due to the behavior of its occupants.
Attached to this memo are the District Court and Municipal Court records of convictions. In addition, there is a spreadsheet and summary of the Norman Police Department calls for service at 1207 Cruce Street from January 2011 to present.
On January 30th a meeting was held at Jackson Elementary School so that the other residents on the street could explain their concerns and so that the Police and Code Compliance actions could be relayed, as well as the plans to request that the house be declared a nuisance property. Sixteen neighbors attended representing fourteen residences. The neighbors relayed numerous incidents involving the occupants of 1207 Cruce Street that have combined to create a feeling of insecurity among the neighbors. The neighbors are concerned with criminal activity; noise; vandalism; property values; personal safety and safety of their families; as well as the loss of general enjoyment of their front yards and homes.
On February 1, 2013, the City was contacted by neighbors because there was activity on the house. An inspection found that the house was unsecure with an open window, so the site was posted as unsecure and a letter mailed to that effect to the owner. If the house has not been secured by the deadline noted (February 11, 2013), a work order will be issued to secure the window and any other unsecured access points to the residence.
RECOMMENDATION: Due to the ongoing criminal activity and poor condition of the property, Staff recommends that the property at 1207 Cruce Street be declared a nuisance property, and that Staff be directed to disconnect the City water meter for a period as deemed appropriate by Council but not to exceed six (6) months. During that period of time the house shall be deemed uninhabitable and any persons entering the structure will be subject to citations or arrest; however, if the property owner wishes to enter the property to make repairs, Code Compliance will work with her to make arrangements for repairs to be made.