Council delays condemnation of East Fourth building used for worm‑farm operations, sets Feb. 18 check‑in

City building inspectors recommended the Hutchinson City Council declare 3405 East Fourth Avenue an unsafe and dangerous structure and order the owner to repair or demolish it. After nearly three hours of testimony from the building owner and the business operator, the council instead voted to continue consideration and scheduled a progress review for Feb. 18.

Jason Laidy, the city building official, presented staff findings and photographs showing a collapsed south loading dock and interior debris. Laidy said the property had incomplete fire protection systems and that the structure failed to meet building code criteria for an unlimited‑area building; staff recommended formal condemnation with a 30‑day deadline for a repair plan and bond. “Staff’s recommendation tonight is for city council to approve the resolution to condemn 3405 East Fourth Avenue as an unsafe and dangerous structure,” Laidy said.

Owner Pat Deveni and the business operator, who runs a worm‑farming operation in the building, told the council they have been working with engineers and contractors and argued more time was needed to complete shoring and to preserve on‑site biological inventory (the worms). Deveni said earlier code citations related to exterior maintenance and abandoned vehicles, not internal violations, and disputed a claim in the minutes that the building had no electrical service. “There has never been any material put back in the building,” Deveni said in response to a staff statement alleging materials had been added after the collapse.

Staff reported the shoring permit was issued and shoring work had begun; demolition of the collapsed south portion was expected to follow once shoring is complete. Laidy said a permit and engineering reports are required before interior rehabilitation or occupancy can be approved; fire alarm and sprinkler systems would need to be addressed. The owner said independent engineers and a fire‑protection firm had been engaged and expected additional reports within weeks.

Council members expressed concern about public safety, property tax delinquencies tied to the property, and precedent from recent demolition work the city undertook in similar cases. Several members urged documentation that remedial steps were underway—clearing combustible materials, completing shoring, and paying overdue taxes—before further deferment. Others urged more time to allow the operator to secure funding and finish shoring.

The council made two procedural decisions at the meeting: it voted to table a condemnation resolution and set a follow‑up city council review of progress for Feb. 18, 2025; and it directed staff to continue coordinating inspections and to report visible progress, including removal of the collapsed section and measures to reduce fire load in the building.

Council discussion highlighted competing responsibilities: enforcing building and fire codes to protect the public, while considering the economic impacts on a small business that employs a handful of people. City staff and the owner agreed the shoring work was imminent and that the next public meeting would show whether contractors, engineers and funding commitments had produced measurable progress.

The council also asked staff to verify tax and nuisance abatement balances and to keep the record updated on any permits issued or inspections completed before the Feb. 18 check‑in.