RESOLUTION NO. 6895

A RESOLUTION DECLARING THAT ON CERTAIN PROPERTY WITHIN THE CITY CONDITIONS EXIST WHICH ARE INJURIOUS TO THE HEALTH, SAFETY AND WELFARE OF THE COMMUNITY, DIRECTING THAT THE OWNER OF THE PROPERTY ABATE SUCH CONDITIONS, FIXING A REASONABLE TIME WITHIN WHICH SUCH CONDITIONS SHALL BE ABATED, AUTHORIZING THE PUBLIC OFFICER TO ABATE SUCH CONDITIONS IN THE EVENT THE OWNER FAILS TO DO SO WITHIN THE STATED TIME PERIOD, AND PROVIDING THAT THE COSTS AND EXPENSES OF ABATEMENT INCURRED BY THE PUBLIC OFFICER BE ASSESSED IN THE MANNER PROVIDED BY LAW, ALL IN ACCORDANCE WITH THE PROVISION OF CHAPTER IX, ARTICLE 6 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2009 EDITION;

WHEREAS:  Pursuant to the provisions of the Environmental Code, Chapter IX, Article 6, of the Code of the City of Lawrence, Kansas, 2009 Edition, the public officer has determined that certain conditions that are injurious to the health, safety, or general welfare of the community exist upon the following described property, to-wit:

PIONEER RIDGE WEST NO 1 BLK 3 LT 9, commonly known as 4700 Broadway Drive

WHEREAS:  The owner of the above described property has been notified of the existence of such conditions in the manner provided by Section 9-607 of the Code of the City of Lawrence, Kansas, 2009;

WHEREAS: the owner of the above described property neither alleviated the conditions causing the alleged violation nor requested a hearing before the Community Development Advisory Committee within the time periods specified in Section 9-607 of the City Code,

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

1.   The recitals set forth above are incorporated herein as if fully set forth.            

2.   That the conditions existing on the described property are injurious to the health, safety and general welfare of the neighborhood and the City of Lawrence as a whole. Said conditions include:

· A dead and dangerous Cottonwood tree located on the northwest corner of the property.

· A diseased and dying Pine tree located on the northeast corner of the property.

3.   That the owner of the above described property or their agent shall abate such conditions within twenty (20) days after passage of this resolution by removing the referenced trees in their entirety.

4.   That if the owner of the above described property fails to abate such conditions within the stated time period, the public officer shall abate such conditions and assess the costs and expenses incurred in the manner provided by Section 9-613 of the Code of the City of Lawrence, Kansas, 2009 Edition.

5.   That a copy of this resolution be served upon the owner of the above described property in the manner provided by Section 9-609 of the Code of the City of Lawrence, Kansas, 2009 Edition.

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this  day of _____________, 2010.

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                                                                                     Mike Amyx, Mayor

ATTEST:

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Jonathan Douglass, City Clerk

APPROVED AS TO FORM AND LEGALITY

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Toni Ramirez Wheeler                                    Date

Director of Legal Services