MARC JACOBS
Hutch Post
The Hutchinson City Council voted 3-2 Tuesday evening to condemn a commercial building at 3405 E. Fourth Ave., giving the property owner 60 days to either complete repairs that bring the structure into compliance with city codes or have the building demolished.
The property is owned by Dan Rasure, who operates a worm farming business in the building through Fed N Happy LLC.
During the public hearing, City Building Official Jason Lady told council members the property has been the subject of city concerns since 2010 and has never received a certificate of occupancy. He said part of the building was damaged in 2024 and current conditions create safety concerns for workers and neighboring property owners.
Rasure argued that efforts to move forward have been complicated by a temporary restraining order against the city that remains in effect until July 16. He said the order prevents construction activity and that plans for the building are currently under review by an independent engineer.
“We’re kind of in limbo on that aspect right now,” Rasure said. “Without the no construction, they would’ve been submitted when they could’ve been submitted.”
Rasure requested an additional 60-day extension before formal condemnation action. However, council members questioned why building plans had not already been submitted.
“This is not a case where the owner has just learned what the city’s concerns are,” Assistant City Attorney Cody Smith said. “The record shows that more time has already been given for several years now. The dangerous structure process provides that reasonable time, so what staff is asking council to reject is not due process. Staff is asking council to reject these indefinite delays.”
The condemnation resolution was approved on a 3-2 vote. Council Member Darrin Truan and Mayor Scott Meggers voted against the measure.
Residential condemnations approved
In other action, the council approved condemnation orders for four residential properties:
- 1701 E. Third Ave.
- 300 N. Town St.
- 2700 Leonard Ave.
- 1500 W. 12th Ave.
City staff reported significant property maintenance violations at the homes, including structural deterioration, unstable roofs and walls, and conditions affecting health, safety and habitability.
Lady said the condemnations are part of the city's ongoing efforts to address deteriorated housing stock and ensure unsafe structures are either repaired or removed in accordance with city ordinances.