RESOLUTION NO. 7065
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, 2013 EDITION, AND AMENDMENTS THERETO.
WHEREAS, at its February 18, 2014, regular meeting, the Governing Body passed Resolution No. 7058, 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, 2013 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 1321 Tennessee 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. 7058, 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 April 8, 2014, 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. 7058 was published in the official newspaper on February 22, 2014, with a second publication date of March 1, 2014;
WHEREAS, in accordance with the K.S.A. 12-1752, a copy of Resolution No. 7058 was mailed by certified mail to the owner of record of the subject property within three days of its first publication in the official newspaper;
WHEREAS, in accordance with the K.S.A. 12-1752, at least thirty days have elapsed between the publication of Resolution No. 7058 and the date of the April 8, 2014, hearing; and
WHEREAS, at its April 8, 2014, public meeting, in accordance with the Act, the Governing Body considered the structure at 1321 Tennessee 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 fire-damaged, two-story, multi-family dwelling unit, is located on that real property, commonly known as 1321 Tennessee Street, Lawrence, Douglas County, Kansas, and bears the following legal description, to-wit:
LOT 205 ON TENNESSEE STREET IN THE ORIGINAL TOWNSITE OF THE CITY OF LAWRENCE, 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, 2013 Edition, and amendments thereto, the Governing Body, having heard all evidence submitted by the owner of record, 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 owner of record shall commence the repair or removal of said structure no later than April 25, 2014.
SECTION 4. Accordingly, pursuant to K.S.A. 12-753, the Governing Body hereby orders the owner of record either to repair the structure in question or to raze and remove said structure until the premises is made safe and secure and further orders that the owner of record shall commence the repair or removal of said structure no later than April 25, 2014.
SECTION 5. If the owner of record fails to comply with Sections 3 and 4, supra, or fails thereafter to diligently prosecute the same until the work is completed and the premises be made safe and secure, the Governing Body hereby directs the Enforcing Officer to raze and remove the structure.
SECTION 6. If the owner of record fails to comply with Sections 3 and 4, supra, or fails thereafter to diligently prosecute the same until the work is completed and the premises be made safe and secure and if such work subsequently is undertaken by the Enforcing Officer, then the Governing Body directs the Enforcing Officer, in accordance with K.S.A. 12-1755, to keep an account of the costs 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 said 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 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 subject property.
SECTION 7. If the owner of record fails to comply with Sections 3 and 4, supra, or fails thereafter to diligently prosecute the same until the work is completed and the premises be made safe and secure and if such work subsequently 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 the Enforcing Officer to give notice to the owner of record 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 all 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 8th day of April, 2014.
APPROVED:
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Mike Amyx
Mayor
ATTEST:
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Diane Trybom
Acting 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.