Council finds 204 Lucinda Street a nuisance, gives 30 days for cleanup amid probate delay

Perry City council voted to declare the property at 204 Lucinda Street a nuisance and ordered the property to be cleaned within 30 days, after hearing staff recommendations and an emailed plea that probate matters have delayed resolution.

City Administrator Sven (reading staff materials) told the council the nuisance abatement had been scheduled earlier and had been rescheduled at the request of a correspondent, identified in the record as Ms. Chenberg. The council heard that Ms. Chenberg had emailed that probate for the late owner is ongoing, that a minor (Degan) is expected to take ownership when he turns 18, and that the household is working with counsel to resolve estate matters and to secure funds to address the property. In the email read into the record, Ms. Chenberg wrote that “enforcing a nuisance abatement at this time would be unreasonable and difficult for us to comply with.”

City attorney Dalan and compliance staff told council that probate issues chiefly affect title and transfer of real property but do not prevent removal of junk or impoundment of vehicles that are not part of the estate. Staff recommended issuing a compliance notice with a time frame, and if the property is not brought into compliance the city would issue a municipal infraction and seek a court order to remove materials so the city avoids disposing of items that might later be shown to have value.

Following discussion about occupancy and whether utilities were active at the address, a council member moved to find the property a nuisance and set a cleanup deadline; another councilmember amended the motion to 30 days (the amendment was seconded). The roll-call vote was recorded as yes from Andor, Shelley, Mer, Walling and Flying; the council closed the hearing and directed staff to proceed with the notice and enforcement steps outlined, including municipal infraction and court remedies if the cleanup does not occur.

The council did not record a named mover or seconder for the motion in the minutes read aloud; staff indicated that the compliance department will issue the notice and pursue court action if necessary. The council also discussed practical options for cleanup, including the city’s dumpster program and private rental dumpsters, and noted potential complications if vehicles on site are owned by third parties.