RESOLUTION NO. 7208
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THAT ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 749 LYON STREET, 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 JUNE 26, 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 PROPERTY 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 749 Lyon Street, 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 occupant 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 occupant 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 June 6, 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 749 Lyon Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
WESTERVELT SUB BLK 1 LT 1, 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 metal, wood and plastic shelving units, metal and paper boxes/containers, metal barrels, appliances, chairs and tables manufactured for indoor use, cardboard products, and a boat and a car stored throughout the rear yard of the subject property that negatively impacts the peaceful enjoyment and the investment of the neighboring property owners.
SECTION 4. The Governing Body hereby orders the occupant of the subject property, or his or her agent, to remediate the conditions described in Section 3, supra, on or before June 26, 2017, by removing all exterior storage and accumulations of debris from the subject property.
SECTION 5. If the occupant of the subject property or his or her agent fails to remediate the above-described conditions on or before June 26, 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 occupant and 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 6th day of June, 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