RESOLUTION NO. _7085______
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THAT ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 1246 PRAIRIE 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 SEPTEMBER 2, 2014, 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, 2013 EDITION, AND AMENDMENTS THERETO.
WHEREAS, pursuant to the provisions of the City's Property Maintenance Code, Chapter IX, Article 6 of the Code of the City of Lawrence, Kansas, 2013 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 1246 Prairie Avenue, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra;
WHEREAS, in accordance with Chapter IX, Article 6 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto, the public officer served the owner of record of the subject property with a Notice and Order, 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 Building Code Board of Appeals within the time allotted by Chapter IX, Article 6 of the Code of the City of Lawrence, Kansas, 2013 Edition; and
WHEREAS, at its August 12, 2014, public meeting, in accordance with Chapter IX, Article 6 of the Code of the City of Lawrence, Kansas, 2013 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 1246 Prairie Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
FAIRFAX LT 108 (DIV 1991 U08328A) IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, commonly known as 1246 Prairie Avenue.
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:
An inoperable school bus that is currently being used for storage of household type items; an accumulation of trash, garbage, containers, illegally stored household items, yard waste, etc., that are located on the porch, driveway and yard.
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 September 2nd, 2014, by removing the inoperable school bus and all accumulations of trash, garbage, containers, illegally stored household items, yard waste, debris, etc.
SECTION 5. If the owner of the subject property or his or her agent fails to alleviate the above-described conditions by September 2, 2014, 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 9-606 of the Code of the City of Lawrence, Kansas, 2013 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 9-606 of the Code of the City of Lawrence, Kansas, 2013 Edition, and amendments thereto.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 12th day of August, 2014.
APPROVED:
___________________________________
Mike Amyx
Mayor
ATTEST:
__________________________________
Diane M. Trybom
Acting City Clerk
APPROVED AS TO FORM AND LEGALITY:
__________________________________
Toni R. Wheeler
City Attorney
*****
NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.