RESOLUTION NO. 7190
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THAT ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 1501 LEARNARD AVENUE, LAWRENCE, DOUGLAS COUNTY, KANSAS, THERE EXISTS A NUISANCE CONDITION THAT IS INJURIOUS TO THE HUMAN HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY, DIRECTING THAT THE OWNER OR THE AGENT OF THE PROPERTY OWNER OF SAID REAL PROPERTY SHALL REMOVE OR ABATE SUCH NUISANCE BY MARCH 10, 2017, AUTHORIZING THE CODE OFFICIAL TO REMOVE OR ABATE SUCH CONDITIONS IN THE EVENT THAT THE OWNER FAILS TO DO SO, AND PROVIDING THAT THE COSTS AND EXPENSES OF ANY SUCH REMOVAL OR ABATEMENT BE ASSESSED AGAINST THE OWNER IN THE MANNER PROVIDED BY LAW, ALL IN ACCORDANCE WITH CHAPTER IX, ARTICLE 2 OF THE CODE OF THE CITY OF LAWRENCE, 2015 EDITION, AND AMENDMENTS THERETO.
WHEREAS, pursuant to Chapter IX, Article 2, Section 9-201 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, the Code Official 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 1501 Learnard Avenue, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra;
WHEREAS, on January 5, 2017, in accordance with Chapter IX, Article 2, Section 9-203(B) of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, the Code Official served the property owner and the agent of the property owner of the subject property with a Notice of a Nuisance, detailing the existence of conditions injurious to the health, safety, and welfare of the community and granting the property owner or the agent of the owner of the property a time period not exceeding 10 days to remove or abate the alleged nuisance condition (wood-fired exterior furnace) or to request a hearing before the Governing Body;
WHEREAS, on January 10, 2017, the property owner or the agent of the owner of the subject property requested a hearing before the Governing Body pursuant to Chapter IX, Article 2 of the Code of the City of Lawrence, Kansas, 2015 Edition;
WHEREAS, on February 7, 2017, the Governing Body adopted Resolution No. 7189, which set a public hearing date of February 21, 2017, for the property owner or his or her agent to appear and show cause why said wood-fired exterior furnace should not be ordered removed or abated as a nuisance in accordance with Chapter IX, Article 2, Article 9-201 of the Code of the City of Lawrence, Kansas 2015 Edition and amendments thereto; and
WHEREAS, at its February 21, 2017, regular public meeting, in accordance with Chapter IX, Article 2 of the Code of the City of Lawrence, Kansas, 2015 Edition and amendments thereto, the Governing Body considered the removal and abatement of those nuisance 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 herein in full.
SECTION 2. The Governing Body finds that conditions, injurious to the health, safety, and welfare of the community, constituting a nuisance, exist on that real property, commonly known as 1501 Learnard Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
A TRACT OF LAND IN THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 13 SOUTH, RANGE 20 EAST OF THE 6TH PRINCIPAL MERIDIAN IN THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS, DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT 231 FEET EAST FROM THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 6; THENCE SOUTH 442 FEET, 2 INCHES; THENCE EAST 146 FEET; THENCE NORTH 125.1 FEET; THENCE EAST 250 FEET; THENCE NORTH 317 FEET; THENCE WEST 396 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT ANY PORTION THEREOF LYING IN LOT 1, PENCE ADDITION, AN ADDITION TO THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS.
SECTION 3. The Governing Body finds that the following conditions, injurious to the health, safety, and welfare of the community, constituting a nuisance, exist on the subject property:
A wood-fired exterior furnace, located on the southwest portion of the subject property, is creating a nuisance condition for the adjacent neighborhood based on the close proximity of neighboring homes and the amount of particulate being exhausted from the furnace’s chimney into the neighborhood.
SECTION 4. The Governing Body hereby orders the owner of the subject property, or his or her agent, to remove or abate the nuisance conditions described in Section 3, supra, on or before March 10, 2017.
SECTION 5. If the owner of the subject property or his or her agent fails to remove or abate the above-described conditions on or before March 10, 2017, then the Governing Body hereby directs the Code Official to remove 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 2, Section 9-204 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.
SECTION 6. The Code Official shall serve a copy of this Resolution on the owner of the subject property or his or her agent in accordance with Chapter IX, Article 2, Section 9-204 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 21st day of February, 2017.
APPROVED:
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Leslie Soden
Mayor
ATTEST:
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Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
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Toni R. Wheeler
City Attorney