RESOLUTION NO. 6813
A RESOLUTION DECLARING A CERTAIN STRUCTURE TO BE UNSAFE AND DANGEROUS, DIRECTING THAT SAID STRUCTURE BE REPAIRED OR REMOVED, AND FIXING A REASONABLE TIME WITHIN WHICH ACTION SHALL COMMENCE, ALL IN ACCORDANCE WITH K.S.A. 12-1750, ET. SEQ., AS AMENDED AND CODE OF THE CITY OF LAWRENCE, KANSAS, 2008 EDITION AND AMENDMENTS THERETO, CHAPTER 5, ARTICLE 11, ET. SEQ.
WHEREAS, a hearing was held by the Governing Body, in accordance with the provisions of its Resolution No. 6801 and K.S.A. 12-1750 et. seq., as amended and Code of the City of Lawrence, Kansas, 2008, edition and amendments thereto, Chapter 5, Article 11, et. Seq., in the City Commission Room, November 11, 2008, at which time and place the owner, his agent, and lien holders of record and any occupant having an interest in the structure, located on the following premises in the City of Lawrence, Douglas County, Kansas, to-wit:
West Lawrence Block 39 Lot 18, commonly known as 617 W. 4th Street
were free to appear and show cause why such structure should not be condemned and ordered repaired or demolished.
WHEREAS, Resolution No 6801 of the Governing Body of the City of Lawrence, Kansas, was first published on September 21, 2008, with a second publication of September 28, 2008.
WHEREAS, a copy of said Resolution was properly served by certified mail after the said first publication thereof on the owner of record of said structure.
WHEREAS, at least one (1) week has elapsed between the said service on said owner and the date set for the hearing and at least thirty (30) days have elapsed between the said last publication of the said Resolution and the date set for the hearing.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, has heard all evidence submitted by the owner, his agent, lien holders of record and occupants having an interest in such structure, as well as evidence submitted by the enforcing officer who filed the written statement provided for by K.S.A. 12-1750 et seq., as amended and Code of the City of Lawrence, Kansas, 2008, Chapter 5, Article 11, et. seq.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS;
1. The above recitals are incorporated herein as if fully set forth.
2. The governing body finds that the structure is unsafe and dangerous and orders the repair or demolition on or before December 12, 2008 .
3. If the property owner of such structure fails to comply with the repair or removal of such structure within the time period last above stated, the Governing Body shall cause the structure to be razed and removed. The City shall keep an account of the cost of such work and may sell salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. All moneys from the salvage in excess of that necessary to pay demolition and removal costs and the cost of publications of notice and any postage for mailing of notice, shall, after payment of all costs, be paid to the owner of the premises upon which the structure is located.
4. The City shall give notice to the owner of the structure of the total cost incurred by the City in removing such structure and making the premises safe and secure and the cost of providing notice. If the cost is not paid within 30 days following receipt of notice, the cost shall be collected in the manner provided by K.S.A. 12-1115 or shall be assessed as a special assessment against the property, all pursuant to K.S.A. 12-1750, and amendments thereto.
5. The City Clerk is hereby authorized to provide for the publication (1) one time, of this Resolution in the official newspaper of the City.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this _11th day of November, 2008.
APPROVED:
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ATTEST:
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Frank Reeb, City Clerk
APPROVED AS TO FORM AND LEGALITY:
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Toni Ramirez Wheeler Date
Director of Legal Services