RESOLUTION NO. 6996
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THAT ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 331 JOHNSON AVENUE, 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 OCTOBER 30, 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, upon that certain real property, commonly known as 331 Johnson Avenue, Lawrence, Douglas County, Kansas ("the subject property"), the legal description of which is set forth at Section 2, infra, there exist certain conditions injurious to the health, safety, and welfare of the community;
WHEREAS, on July 18, 2012, 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, on July 31, 2012, within the time allotted by Chapter IX, Article 6, Section 9-607 of the Code of the City of Lawrence, Kansas, 2011 Edition, the owner of record of the subject property requested a hearing before the Community Development Advisory Committee;
WHEREAS, on July 31, 2012, the owner of the subject property was advised that the Community Development Advisory Committee would hear her appeal on August 30, 2012, at 5:30 p.m., in the City Commission Meeting Room.
WHEREAS, on August 30 2012, in accordance with Chapter IX, Article 6, Section 9-611 of the Code of the City of Lawrence, Kansas, 2011 Edition, the Community Development Advisory Committee heard the appeal of the owner of record of the subject property;
WHEREAS, at the conclusion of that hearing, the Community Development Advisory Committee determined that staff of the Code Enforcement Division of Planning and Development Services had appropriately enforced the Environmental Code and, by a vote of 10-1, affirmed the notice of violation issued to the owner of record of the subject property; and
WHEREAS, on September 4, 2012 the Community Development Advisory Committee recorded its final determination of the matter in the form of a letter transmitted to the owner of record of the subject property and declared therein that it supported the Code Enforcement Division pursuing lawful means by which to eliminate the violations of the Environmental Code.
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 the subject property, commonly known as 331 Johnson Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
Lot 19, Map of Maple Lawn, an Addition to Lawrence, 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 plastic containers, paper products, cardboard boxes, chairs, wood furniture, unknown items underneath green and blue tarps, and trash bags containing unknown items that are stored on the front porch and within the rear yard of the property.
SECTION 4. The Governing Body hereby orders the owner of record of the subject property, or his or her agent, to alleviate the conditions described in Section 3, supra, no later than December 11, 2012, by removing all items stored on the front porch and rear yard of the subject property and by properly disposing of such items.
SECTION 5. If the owner of record of the subject property or his or her agent fails to alleviate the above-described conditions by December 11, 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 record 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.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 20th day of November, 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.