Hutchinson council condemns commercial building at 2100 S. Bonebrake; owner given 90 days to act

Hutchinson City Council voted unanimously Wednesday to condemn the commercial structure at 2100 South Bonebrake Street, giving the property owner 90 days to complete repairs or demolish the building and requiring a cash bond set by the building official to cover demolition and asbestos abatement estimated by staff at $400,000.

City building official Jason Lady told the council staff had declared the property an "unsafe and dangerous structure" and recommended condemnation after a history of nuisance violations, repeated inspections and a partially collapsed roof. "Staff has declared this an unsafe and dangerous structure," Lady said during his presentation, listing broken windows and doors, lost utilities, and trusses beginning to collapse as contributing factors.

The resolution follows multiple prior extensions that the council and staff said had not produced the agreed work. Owner Susie Gress and advocates for the site told council they have new contractors and fundraising plans and emphasized the building’s recent listing on the National Register of Historic Places in January 2025. "We’re aggressively doing our best at this current times," Gress said, describing cleanup, permit efforts and outreach to preservation partners.

Contractor Rick of R and D Construction, who inspected the building for the owner, told the council the structure is repairable. "It can be saved," he said, adding that structural shoring, removal of interior debris and an engineer’s stamped plans will be required before full work can proceed.

Council members pressed for evidence of steady progress and said the building has repeatedly failed to meet deadlines in the past. Several council members said they had imposed a strict timeline at an earlier meeting and that the structure had continued to deteriorate. Councilmember Paul Fast summarized the council’s position: the city has repeatedly granted extensions but must now see demonstrable progress.

Under the resolution the council adopted, the owner is allowed 90 days to repair or demolish the commercial structure. Staff will provide written progress reports to council every 30 days, and council set July 1, 2025, as the next date to review rehabilitation or demolition progress. The resolution authorizes the enforcing officer (the building official) to require a cash bond sufficient to cover the cost of demolition and asbestos removal; staff estimated that amount at $400,000.

Council also approved a related resolution to set a public hearing on the residential and accessory structures at the property, fixing a date on or about July 1, 2025, to consider condemnation or required repairs for those structures.

Council members and staff repeatedly noted that the property’s recent historic designation does not legally preclude demolition but does add a local review step: work on a historic structure must be reviewed by the Hutchinson Landmarks Commission and may require its approval for any changes to historically significant materials or features. City planning staff and the mayor explained the local Landmarks Commission will review permit requests for changes and that administrative approval may be possible for replacing like materials on the roof, but other changes would require commission review.

The council vote on the commercial condemnation resolution was unanimous: Richardson, Garza, Fast, Magers, Scott and Goss voted yes. Council’s action allows the owner the time to submit the required engineer-stamped plans and to show steady progress; it also preserves the city’s option to require demolition and recover costs if the owner fails to meet deadlines.

Because the property also carries unpaid balances and code violations noted in staff reports, Lady told council the total property tax balance identified earlier in staff records had been $4,244 (due since 02/2020) and an unpaid water/sewer/stormwater balance of $554.74 as of the staff photos, although the owner supplied documentation showing taxes paid through 02/2021. Staff’s full agenda report listed 13 nuisance violations since February 2018 and 105 staff inspections related to the site.

The council’s decision ends the public hearing phase for the commercial condemnation and schedules follow-up for the residential portion later this year.