RESOLUTION NO. 7095
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING A CERTAIN TWO-STORY FRONT PORCH 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 September 16, 2014, regular meeting, the Governing Body passed Resolution No. 7093, 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 two-story front porch structure located on that real property commonly known as 608 Kentucky 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. 7093, 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 October 28, 2014, at 6:35 p.m., to show cause why said two-story front porch structure should not be condemned and ordered repaired or demolished as an unsafe and dangerous structure;
WHEREAS, in accordance with the Act, Resolution No. 7093 was published in the official newspaper on September 20, 2014, with a second publication date of September 27, 2014;
WHEREAS, in accordance with the K.S.A. 12-1752, a copy of Resolution No. 7093 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. 7093 and the date of the October 28, 2014, hearing; and
WHEREAS, at its October 28, 2014, public meeting, in accordance with the Act, the Governing Body considered the two-story front porch structure at 608 Kentucky 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 two-story front porch structure, is located on that real property, commonly known as 608 Kentucky Street, Lawrence, Douglas County, Kansas, and bears the following legal description, to-wit:
LOT 2 ON KENTUCKY 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 two-story front porch structure in question is unsafe and dangerous and hereby orders that said structure be repaired or removed and that the owner of record shall complete substantial structural repairs to the two-story front porch structure or initiate demolition and removal of said porch structure by no later than December 15, 2014.
SECTION 4. Accordingly, pursuant to K.S.A. 12-753, the Governing Body hereby orders the owner of record either to repair the two-story front porch structure in question or to demolish and remove said structure until the premises is made safe and secure and further orders that the owner of record shall complete substantial structural repairs to the two-story front porch structure or initiate demolition and removal of said structure by no later than December 15, 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 demolish 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 demolishing 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 demolishing 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 28th day of October, 2014.
APPROVED:
___________________________________
Mike Amyx
Mayor
ATTEST:
__________________________________
Diane 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.