RESOLUTION NO. 7058

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, ESTABLISHING A TIME AND PLACE FOR A HEARING, PURSUANT TO K.S.A. 12-1750, ET SEQ., AND CHAPTER V, ARTICLE 11 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2013 EDITION, AND AMENDMENTS THERETO, AT WHICH TIME, PERSONS HAVING AN INTEREST IN THE NAMED STRUCTURE MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS AN UNSAFE OR DANGEROUS STRUCTURE

WHEREAS, pursuant to K.S.A. 12-1751, the Governing Body of the City of Lawrence, Kansas, is granted, as part of its police powers, the authority to cause to be repaired or to be removed, or to repair or to remove, any structure located within the City that is unsafe or dangerous;

WHEREAS, in accordance with K.S.A. 12-1752 and Chapter V, Article 11 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, the Enforcing Officer for the City of Lawrence, Kansas, has filed with the Governing Body a statement in writing that the structure located on that real property commonly known as 1321 Tennessee Street, Lawrence, Douglas County, Kansas, and bearing the legal description, to-wit:

LOT 205 ON TENNESSEE STREET IN THE ORIGINAL TOWNSITE OF THE CITY OF LAWRENCE, DOUGLAS COUNT, KANSAS

 is unsafe or dangerous;

WHEREAS, upon the filing of such written statement, the Governing Body must, in accordance with K.S.A. 12-1752, establish a time and place for a public hearing, at which time, the owner, the owner's agent, any lienholders of record, and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished as an unsafe or dangerous structure; and

WHEREAS, the City gives notice that, under K.S.A. 12-1750 et seq., and Chapter V, Article 11 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, the City may ultimately repair or demolish such structure, that, in such event, the owner may lose any interest in the salvage proceeds of such structure, and that any costs, in excess of the salvage value, that are borne by the City may be assessed against the real 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. Pursuant to K.S.A. 12-1752, a hearing will be held in the City Commission Room, First Floor, 6 East 6th Street, Lawrence, Kansas, on April 8, 2014, at 6:35 p.m., or as soon thereafter as practicable, at which time, the owner's agent, any lienholders of record, and any occupant of the structure located on that real property commonly known as1321Tennessee Street, Lawrence, Douglas County, Kansas, and bearing the legal description, to-wit:

LOT 205 ON TENNESSEE STREET IN THE ORIGINAL TOWNSITE OF THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS,

may appear and show cause why such structure should not be condemned and ordered repaired or demolished as an unsafe or dangerous structure. The structure in question is a two story house.

SECTION 3. The City Clerk is hereby directed to publish, once each week for two consecutive weeks, on the same day each week, in the official newspaper of the City, the foregoing Resolution, establishing the time and place of hearing under K.S.A. 12-1752.

SECTION 4. The City Clerk also is hereby directed to mail a copy of this Resolution to the owner, the owner's agent, any lienholder of record, and any occupant of the structure, to the extent such persons are known, at said person's last known address and the envelope shall be marked "Deliver to Addressee Only."

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 18th day of February, 2014.

 APPROVED:

___________________________________

Michael Dever

Mayor

ATTEST:

__________________________________

Diane Trybom

Acting 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.