RESOLUTION NO. 6980
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING A CERTAIN STRUCTURE WITHIN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, TO BE UNSAFE AND DANGEROUS, DIRECTING THAT SAID STRUCTURE BE REPAIRED OR 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, at its June 5, 2012, regular meeting, the Governing Body passed Resolution No. 6975, wherein it recited that, in accordance with the Unsafe and Dangerous Structures and Abandoned Property Act of 1961 ("the Act"), codified as amended at 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, the Enforcing Officer for the City of Lawrence, Kansas, had filed with the Governing Body a written statement averring that the structure located on that real property commonly known as 785 Maple Street, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra, is unsafe and dangerous;
WHEREAS, in Resolution No. 6975, in accordance with the Act, the Governing Body directed the owner, the owner's agent, any lienholder of record, and any occupant of said structure to appear before it in the City Commission Room, First Floor, 6 East 6th Street, Lawrence, Kansas, on July 24, 2012, at 6:35 p.m., to show cause why said structure should not be condemned and ordered repaired or demolished as an unsafe and dangerous structure;
WHEREAS, in accordance with the Act, Resolution No. 6975 was published in the official newspaper on June 8, 2012, with a second publication date of June 15, 2012;
WHEREAS, in accordance with the K.S.A. 12-1752, a copy of Resolution No. 6975 was mailed by certified mail to the owner of record within three days of its first publication in the official newspaper;
WHEREAS, in accordance with the K.S.A. 12-752, at least thirty days have elapsed between the publication of Resolution No. 6975 and the date of the July 24, 2012, hearing; and
WHEREAS, at its July 24, 2012, public meeting, in accordance with the Act, the Governing Body considered the structure at 785 Maple Street.
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 structure in question, described as a principal dwelling unit (one-story, multi-colored house), is located on that real property, commonly known as 785 Maple Street, Lawrence, Douglas County, Kansas, and bears the following legal description, to-wit:
BEGINNING AT A POINT 30 FEET NORTH AND 90 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SECTION 29 TOWNSHIP 12 SOUTH RANGE 20 EAST; THENCE NORTH 100 FEET; THENCE WEST 60 FEET; THENCE SOUTH 100 FEET; THENCE EAST 60 FEET TO THE POINT OF BEGINNING IN ADDITION NO. 7, IN THAT PART OF THE CITY OF LAWRENCE KNOWN AS NORTH LAWRENCE IN DOUGLAS COUNTY, KANSAS.
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 structure, as well as evidence submitted by the enforcing officer who filed the written statement as required by the Act, hereby finds that the structure in question is unsafe and dangerous and hereby orders that said structure be repaired or razed and removed and that the premises be made safe and secure by August 15, 2012.
SECTION 4. Pursuant to K.S.A. 12-753, the Governing Body hereby orders the owner of the subject property either to repair said structure or the razing and removal of said structure and that said structure be repaired or razed and removed and the premises be made safe and secure by August 15, 2012.
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 structure.
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 if 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 structure in question, and to apply any proceeds from those sales to the costs of razing and removing the structure 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 removing the structure 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 structure is 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 if 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 structure within three (3) days after the publication of this Resolution.
PASSED by the Governing Body of the City of Lawrence, Kansas, this 24th day of July, 2012.
APPROVED:
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Robert J. Schumm
Mayor
ATTEST:
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Jonathan M. Douglass
City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni R. Wheeler
City Attorney
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NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.