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• AGENDA ITEM <br /> TOWN OP <br /> Tr&k <br /> c � <br /> -1yam_ ; r > <br /> • . . <br /> MEETING DATE: August 11, 2015 <br /> TO: Honorable Mayor and Council Members <br /> FROM: John McLaughlin, Community Development Director p <br /> SUBJECT: Council Finding of Breach of Agreement and Authorizing the Abatement of <br /> the Nuisance by Removing the Partially Complet:: Stn cture at 12295 Filly <br /> Lane <br /> APPROVED BY <br /> Tony. 'rook, Town Manager <br /> • RECOMMENDATION: That the Council conduct a public hearin and adopt Resolution 2015-38 <br /> declaring the building to be a nuisance and ordering the removal of the structure at 12295 Filly Lane. <br /> DISCUSSION: On June 9, 2015,the Council found that the Settlement and Release Agreement <br /> between the Town of Truckee and Lonnie and Tanna Sorter was in breach and authorized the <br /> commencement of the process to remove the partially completed structure at 12295 Filly Lane. The <br /> staff report and the minutes from that meeting are attached to this staff report. <br /> Since the meeting,we have taken the steps outlined in the"Steps for Council-Authorized Abatement <br /> of Nuisance Buildings" including: <br /> • Notified the property owner and ariy mortgagee/beneficiary that the nuisance is <br /> • required to be abated within 30 days; <br /> • Posted notice on the property and sent a copy via certified mail to the owner <br /> • Notified the mortgagee/beneficiary that they had the opportunity to cure the nuisance <br /> within 15 days after the owner failed to abate the nuisance; <br /> • Provided a second notice to the owner and the mortgagee/beneficiary that there <br /> would be a hearing in front of the Town Council on August 11, 2015 at which time <br /> they would have the opportunity to provide testimony regarding the abatement of the <br /> nuisance. <br /> Since the Council meeting of June 9, 2015,there has been no work done on the structure. Attached <br /> to the staff report are photographs of the structure as of June 9, 2015, and July 27, 2015 which <br /> show that no. progress has been made on completing the structure. It will not be.possible for the <br /> property owner to comply with the Settlement and Release Agreement which required completion of <br /> the structure by September, 2015. In June, it was determined that the Sortors were at least six • <br /> months behind in previously agreed .upon construction schedule. Since no work has been done • <br /> since the June 9 meeting,the project is now at least eight months behind schedule,with less than a <br /> month to comply with the September 3, 2015 deadline in the agreement to obtain occupancy. <br />