RESOLUTION NO. 7278

A RESOLUTION OF THE CITY OF LAWRENCE, KANSAS, ESTABLISHING A TIME AND PLACE FOR A HEARING, PURSUANT TO K.S.A. 12-1750, ET SEQ., AND CHAPTER V, ARTICLE 11 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION, AND AMENDMENTS THERETO, REGARDING A STRUCTURE ON THAT CERTAIN REAL PROPERTY, COMMONLY KNOWN AS 1116 NEW JERSEY STREET, AT WHICH TIME, PERSONS HAVING AN INTEREST IN SAID STRUCTURE MAY APPEAR AND SHOW CAUSE WHY SAID STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS UNSAFE OR DANGEROUS STRUCTURE.

WHEREAS, pursuant to K.S.A. 12-1751, the Governing Body of the City of Lawrence, Kansas, is granted, as part of its police powers, the authority to cause to be repaired or to be removed, or to repair or to remove, any structure located within the City that is unsafe or dangerous;

WHEREAS, in accordance with K.S.A. 12-750, et seq., and Chapter V, Article 11 of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, the Enforcing Officer for the City of Lawrence, Kansas, has filed with the Governing Body a statement in writing that the structure located on that real property, commonly known as 1116 New Jersey Street, Lawrence, Douglas County, Kansas, the legal description of which is set forth at Section 2, infra, is unsafe or dangerous;

WHEREAS, upon the filing of such written statement, the Governing Body must, in accordance with K.S.A. 12-1752, establish a time and place for a public hearing, at which time, the owner, the owner's agent, any lienholders of record, and any occupant of said structure may appear and show cause why said structure should not be condemned and ordered repaired or demolished as an unsafe or dangerous structure; and

WHEREAS, the City gives notice that, under K.S.A. 12-1750 et seq., the City may ultimately repair or demolish said structure, that, in such event, the owner may lose any interest in the salvage proceeds of said structure, and that any costs borne by the City in excess of the salvage value may be assessed against the real 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 in full.

SECTION 2. Pursuant to K.S.A. 12-1752, a hearing will be held in the City Commission Room, First Floor, 6 East 6th Street, Lawrence, Kansas, on March 19, 2019, at 5:45 p.m., or as soon thereafter as practicable, at which time, the owner's agent, any lienholders of record, and any occupants of the structures located on that real property, commonly known as 1116 New Jersey Street, Lawrence, Douglas County, Kansas and bearing the following legal description, to-wit:

LOT 106 ON NEW JERSEY STREET IN THE ORIGINAL TOWNSITE OF THE CITY OF LAWRENCE, DOUGLAS COUNTY, KANSAS,

may appear and show cause why said structure should not be condemned and ordered repaired or demolished as an unsafe or dangerous structure. The structure in question may be described as a detached, one-story, yellow house that was severely damaged by fire.

SECTION 3. The City Clerk is hereby directed to publish, once each week for two consecutive weeks, on the same day each week, in the official newspaper of the City, the foregoing Resolution, establishing the time and place of hearing under K.S.A. 12-1752.

SECTION 4. The City Clerk also is hereby directed to mail a copy of this Resolution to the owner, the owner's agent, any lienholder of record, and any occupant of the structure, to the extent such persons are known, at said person's last known address, and the envelope shall be marked "Deliver to Addressee Only."

ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 5th day of February, 2019.

 APPROVED:

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Lisa Larsen

Mayor

ATTEST:

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Sherri Riedemann

City Clerk

APPROVED AS TO FORM:                   

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Toni R. Wheeler

City Attorney