RESOLUTION NO. 7195
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THAT ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 1728 BARKER AVENUE, LAWRENCE, DOUGLAS COUNTY, KANSAS, THERE EXIST CONDITIONS THAT ARE INJURIOUS TO THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY, DIRECTING THAT THE OCCUPANT OF SAID REAL PROPERTY SHALL REMEDIATE SUCH CONDITIONS BY APRIL 10, 2017, AUTHORIZING THE CODE OFFICIAL TO ABATE SUCH CONDITIONS IN THE EVENT THAT THE OCCUPANT FAILS TO DO SO, AND PROVIDING THAT THE COSTS AND EXPENSES OF ANY SUCH ABATEMENT BE ASSESSED AGAINST THE OCCUPANT IN THE MANNER PROVIDED BY LAW, ALL IN ACCORDANCE WITH CHAPTER IX, ARTICLE 6 OF THE CODE OF THE CITY OF LAWRENCE, 2015 EDITION, AND AMENDMENTS THERETO.
WHEREAS, pursuant to the City's Property Maintenance Code, Chapter IX, Article 6 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 1728 Barker 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, 2015 Edition, and amendments thereto, the Code Official served the owner 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 remediate the alleged conditions or to request a hearing before the Building Code Board of Appeals;
WHEREAS, the owner of the subject property has neither remediated 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, 2015 Edition; and
WHEREAS, at its March 21, 2017, regular public meeting, in accordance with Chapter IX, Article 6 of the Code of the City of Lawrence, Kansas, 2015 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 herein 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 1728 Barker Avenue, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
The west 150 feet of the South 50 feet of the following described tract: Beginning at a point on the west line of the northeast quarter of Section 6, in Township 13 South, Range 20 East of the Sixth Principal Meridian, 843.08 feet north of the southwest corner of said Quarter Section; thence east parallel to the south line of said Quarter Section, 19 rods; thence North 300 feet; thence Westerly to a point 296 feet North of the beginning; thence South 296 feet to the point of beginning, 0.173 acres IN 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, exist on the subject property:
Miscellaneous items scattered and stored, including but not limited to scrap metal and wood products, bicycles, tires, plastic containers and products, ladders, chairs and tables manufactured for indoor use, and a black inoperable Oldsmobile Bravada throughout the front yard, front porch, and on the driveway of the subject property, which items create a blighting influence on the subject property that negatively impacts the peaceful enjoyment and the investment of neighboring property owners.
SECTION 4. The Governing Body hereby orders the owner of the subject property, or his or her agent, to remediate the conditions described in Section 3, supra, on or before April 10, 2017, by removing all exterior storage and accumulations of debris from the subject property.
SECTION 5. If the owner of the subject property or his or her agent fails to remediate the above-described conditions on or before April 10, 2017, then the Governing Body hereby directs the Code Official 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, 2015 Edition, and amendments thereto.
SECTION 6. The Code Official 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, 2015 Edition, and amendments thereto.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 21st day of March, 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