RESOLUTION NO. 6981

 

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THAT ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 785 MAPLE STREET, LAWRENCE, DOUGLAS COUNTY, KANSAS, THERE EXIST CONDITIONS THAT ARE INJURIOUS TO THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY, DIRECTING THAT THE OWNER OF SAID REAL PROPERTY SHALL ALLEVIATE SUCH CONDITIONS BY AUGUST 15, 2012, AUTHORIZING THE PUBLIC OFFICER TO ABATE SUCH CONDITIONS IN THE EVENT THAT THE OWNER FAILS TO DO SO, AND PROVIDING THAT THE COSTS AND EXPENSES OF ANY SUCH ABATEMENT BE ASSESSED AGAINST THE OWNER IN THE MANNER PROVIDED BY LAW, ALL IN ACCORDANCE WITH CHAPTER IX, ARTICLE 6 OF THE CODE OF THE CITY OF LAWRENCE,  2011 EDITION, AND AMENDMENTS THERETO.

 

WHEREAS, pursuant to the provisions of the City's Environmental Code, Chapter IX, Article 6 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, the public officer has determined that certain conditions, injurious to the health, safety, and welfare of the community, exist upon that certain real property ("the subject property"), commonly known as  785 Maple Street, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra;

 

WHEREAS, in accordance with Chapter IX, Article 6, Section 9-607 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto, the public officer served the owner of record of the subject property with a Notice of Violation, detailing the existence of conditions, injurious to the health, safety, and welfare of the community, and granting the owner of record a reasonable time within which to alleviate the alleged conditions;

 

WHEREAS, the owner of record of the subject property has neither alleviated the alleged violations in a timely manner nor requested a hearing before the Community Development Advisory Committee within the time allotted by Chapter IX, Article 6, Section 9-607 of the Code of the City of Lawrence, Kansas, 2011 Edition; and

 

WHEREAS, at its July 24, 2012, public meeting, in accordance with Chapter IX, Article 6, Section 9-609 of the Code of the City of Lawrence, Kansas, 2011 Edition, the Governing Body considered the abatement of those  conditions, injurious to the health, safety, and welfare of the community, existing on the subject property.  

 

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 Governing Body finds that conditions, injurious to the health, safety, and welfare of the community, exist on that real property, commonly known as 785 Maple Street, Lawrence, Douglas County, Kansas, and bearing 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. The Governing Body finds that the following conditions, injurious to the health, safety, and welfare of the community, exist on the subject property:

 

Miscellaneous items including but not limited to tools, brush/yard waste, scrap metal, wood products, car parts, debris, and abandoned motor vehicles scattered throughout the front, side, and rear yards of the property.

 

SECTION 4. The Governing Body hereby orders the owner of the subject property, or his or her agent, to alleviate the conditions described in Section 3, supra, no later than August 15, 2012, by removing all items stored in the front, side, and rear yards of the subject property and by properly disposing of such items.

 

SECTION 5. If the owner of the subject property or his or her agent fails to alleviate the above-described conditions by August 15, 2012, then the Governing Body hereby directs the public officer to abate said conditions and to assess the costs and expenses incurred by such abatement to the owner of the subject property, all in accordance with Chapter IX, Article 6, Section 9-613 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto.

 

SECTION 6. The public officer shall serve a copy of this Resolution on the owner of the subject property in accordance with by Chapter IX, Article 6, Section 9-609 of the Code of the City of Lawrence, Kansas, 2011 Edition, and amendments thereto.

 

PASSED by the Governing Body of the City of Lawrence, Kansas, this 24th day of July, 2012.

 

 APPROVED:

 

 

 

___________________________________

Robert J. Schumm

Mayor

ATTEST:

 

 

 

__________________________________

Jonathan M. Douglass

City Clerk

 

 

 

 

APPROVED AS TO FORM AND LEGALITY:                   

 

 

 

__________________________________

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.