RESOLUTION NO. 7229
A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, DECLARING THAT ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 1215 E 19th 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 DECEMBER 13, 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 OWNER 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 1215 E. 19th 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 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 November 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 1215 E. 19th Street, Lawrence, Douglas County, Kansas, and bearing the following legal description, to-wit:
LOT 3, BLOCK 1, EDGEWOOD ADDITION NO. 3, 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, exist on the subject property:
Miscellaneous items scattered and stored, including but not limited to plastic containers and products, metal and wood products, furniture manufactured for indoor use, and clothing throughout the front yard, side yard, rear yard 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 December 13, 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 December 13, 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 November, 2017.
APPROVED:
___________________________________
Leslie Soden
Mayor
ATTEST:
__________________________________
Sherri Riedemann
City Clerk
APPROVED AS TO FORM:
__________________________________
Toni R. Wheeler
City Attorney