RESOLUTION NO. 6964

 

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, 2011 EDITION, AND AMENDMENTS THERETO, AT WHICH TIME, PERSONS HAVING AN INTEREST IN THE NAMED STRUCTURES MAY APPEAR AND SHOW CAUSE WHY SUCH STRUCTURES SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED AS UNSAFE OR DANGEROUS STRUCTURES

 

WHEREAS, pursuant to K.S.A. 12-751, 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., Chapter V, Article 11 of the Code of the City of Lawrence, Kansas, 2011 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 structures located on the real property commonly known as 1106 Rhode Island Street, Lawrence, Douglas County, Kansas, and bearing the legal description, to-wit:


Lots 118 and 120, Rhode Island Street, original town site of Lawrence, Douglas County, Kansas,

 

 are 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 such structures may appear and show cause why such structures should not be condemned and ordered repaired or demolished as unsafe or dangerous structures; and

 

WHEREAS, the City gives notice that, under K.S.A. 12-1750 et seq., the City may ultimately repair or demolish such structures, that, in such event, the owner may lose any interest in the salvage proceeds of such structures, and that any costs, in excess of the salvage value, that are borne by the City 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 May 15, 2012, at 6:35 p.m., or as soon thereafter as practicable, at which time, the owner, the owner's agent, any lienholders of record, and any occupant of the structures located on the real property commonly known as 1106 Rhode Island Street, Lawrence, Douglas County, Kansas, and bearing the legal description, to-wit:

Lots 118 and 120, Rhode Island Street, original town site of Lawrence, Douglas County, Kansas,

 

may appear and show cause why such structures should not be condemned and ordered repaired or demolished as unsafe or dangerous structures. The structures in question include a principal dwelling unit (a house) and three accessory buildings (described as a barn, a garage, and a makeshift shed).

 

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 structures, to the extent such persons are known, at said person's last known address and the envelope shall be marked "Deliver to Addressee Only."

 

PASSED by the Governing Body of the City of Lawrence, Kansas, this ___ day of March, 2012.

 

 

 

 APPROVED:

 

 

 

_____________________________

Aron E. Cromwell, Mayor

ATTEST:

 

 

 

__________________________________

Jonathan M. Douglass, City Clerk

 

 

APPROVED AS TO FORM AND LEGALITY:                   

 

 

 

__________________________________                      

Toni R. Wheeler, City Attorney

 

 

 

Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.