RESOLUTION NO. 6971
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING CERTAIN STRUCTURES WITHIN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, TO BE UNSAFE AND DANGEROUS, ORDERING THAT SAID STRUCTURES BE RAZED AND REMOVED, AND ESTABLISHING A REASONABLE TIME WITHIN WHICH SUCH ACTION SHALL COMMENCE, ALL IN ACCORDANCE WITH K.S.A. 12-1750, ET SEQ., AND CHAPTER V, ARTICLE 11 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2011 EDITION, AND AMENDMENTS THERETO.
WHEREAS, on May 18, 2010, in accordance with Resolution No. 6885 and the Unsafe and Dangerous Structures and Abandoned Property Act of 1961 ("the Act"), codified as amended at K.S.A. 12-1750 et seq., the Governing Body conducted a public hearing at which time and place the owner, the owner's agent, any lienholder of record, any occupant, or any other person or entity having an interest in the structures located on that real property commonly known as 1313 Haskell Avenue, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra, were free to appear and to show cause why the structures on said real property should not be condemned and ordered repaired or demolished;
WHEREAS, at its May 18, 2010, public meeting, the Governing Body granted the owner of record of the structures in question, at the time of the passage of Resolution No. 6885, a period of six (6) months within which to complete fifteen (15) repair items listed in Resolution No. 6885, or the structures would be razed and removed as unsafe and dangerous structures;
WHEREAS, at its October 19, 2010, public meeting, the Governing Body deferred taking final action on Resolution No. 6885 in order to allow Haskell Row Partners additional time in which to pursue the purchase of the subject property and to identify a rehabilitation plan to bring the structures into compliance with the City Code;
WHEREAS, on December 23, 2010, Haskell Row Partners, purchased the subject property, subject to the conditions set forth in Resolution No. 6885, i.e., completing the fifteen (15) repair items listed therein and bringing the structures into compliance with the City Code;
WHEREAS, since December 23, 2010, Haskell Row Partners have completed only minimal repairs to those structures, have not completed the fifteen (15) repair items listed in Resolution No. 6885, and have not brought the structures into compliance with the City Code;
WHEREAS, Haskell Row Partners has acknowledges that it has neither the funds nor the resources to complete the rehabilitation of the structures in questions and that its attempts to sell the subject property have not come to fruition;
WHEREAS, the structures in question remain unsafe and dangerous structures within the meaning of the Act and are unfit for human occupancy under the City's Property Maintenance Code, Chapter V, Article 10 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto; and
WHEREAS, at its May 15, 2012, public meeting, in accordance with the Act, the Governing Body considered the structures at 1313 Haskell Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. The above-stated recitals are incorporated herein by reference and shall be as effective as if set forth in full.
SECTION 2. The structures in question, described as a principal building (the house) and accessory structure (detached garage), are located on that real property, commonly known as 1313 Haskell Avenue, Lawrence, Douglas County, Kansas, and bear the following legal description, to-wit:
LOT 9 AND THE NORTH 15 FEET OF LOT 10 IN BLOCK 8, STEELE'S SUBDIVISION OF BLOCKS 6, 8, 9, & 10 IN EARL'S ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, commonly known as 1313 Haskell Avenue.
SECTION 3. In accordance with K.S.A. 12-1753 and Chapter 5, Article 11 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, the Governing Body, having heard all evidence submitted by the owner, the owner's agent, any lienholder of record, any occupants having an interest in the structures, and any other interested person, as well as evidence submitted by the enforcing officer, who filed the written statement as required by the Act, hereby finds that the structures in question are unsafe and dangerous and, in accordance with Resolution No. 6885, hereby orders that all 15 repairs items identified in Resolution No. 6885 be completed by August 14, 2012 and that an update be provided to the Governing Body at that time regarding the status of the rehabilitation of the house and accessory garage.
SECTION 4. Pursuant to K.S.A. 12-753, the Governing Body hereby orders the owner of the subject property to initiate the razing and removal of said structures and that said structures be razed and removed and that the premises be made safe and secure by August 14, 2012 if the owners do not complete all 15 repair items identified in Resolution No. 6885.
SECTION 5. If the owner of the subject property fails to comply with Sections 3 and 4, supra, or fails to diligently prosecute the same until the work is completed and the premises be made safe and secure, the Governing Body directs the enforcing officer to raze and remove the structures in question as unsafe and dangerous structures.
SECTION 6. If the owner of the subject property fails to comply with Sections 3 and 4, supra, or fails to diligently prosecute the same until the work is completed and the premises be made safe and secure and such work is undertaken by the enforcing officer, then the Governing Body directs City Staff, in accordance with K.S.A. 12-1755, to keep an account of the cost of such work, to sell any salvage from the structures in question, and to apply any proceeds from those sales to the costs of razing and removing the structures and making the premises safe and secure. Any moneys that may be received from salvage that are in excess of the costs of razing and removal to make the premises safe and secure, including the the costs of publication and the costs of postage for mailing notices, shall, after the payment of those costs, be paid to the owner of the real property on which the structures are located.
SECTION 7. If the owner of the subject property fails to comply with Sections 3 and 4, supra, or fails to diligently prosecute the same until the work is completed and the premises be made safe and secure and such work is undertaken by the enforcing officer and the costs of doing such exceed the moneys realized by any sale of salvage, then the Governing Body directs City Staff to give notice to the owner of the real property of the total costs incurred by the City, less any receipts for the sale of salvage. If those costs, if any, are not paid within thirty days of the service of the notice, then the Governing Body directs City Staff to collect such costs in the manner provided by K.S.A. 12-1,115 or to assess such costs as a special assessment against the real property in accordance with the Act.
SECTION 8. The City Clerk shall publish this Resolution one (1) time in the official newspaper of the City and shall mail, by certified mail, copies of the Resolution to the owners, agents, lienholder of record, and any occupants of said structures within three (3) days after the publication of this Resolution.
PASSED by the Governing Body of the City of Lawrence, Kansas, this 22nd day of May, 2012.
APPROVED:
___________________________________
Robert J. Schumm
Mayor
ATTEST:
__________________________________
Jonathan M. Douglass
City Clerk
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Toni R. Wheeler
City Attorney
*****
NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.