RESOLUTION NO. 6526
A RESOLUTION DECLARING A CERTAIN STRUCTURE TO BE UNSAFE AND DANGEROUS, DIRECTING THAT SAID STRUCTURE BE REPAIRED, AND FIXING A REASONABLE TIME WITHIN WHICH ACTION SHALL COMMENCE, ALL IN ACCORDANCE WITH K.S.A. 12-1750, ET. SEQ., AS AMENDED AND CODE OF THE CITY OF LAWRENCE, KANSAS, 2003, CHAPTER 5, ARTICLE 5, SEC. 1, ET. SEQ.
WHEREAS, a hearing was held by the Governing Body, in accordance with the provisions of its Resolution No. 6505 and K.S.A. 12-1750 et. seq., as amended and Code of the City of Lawrence, Kansas, 2003, Chapter 5, Article 5, Section 1, et. Seq., in the City Commission Room, on January 6, 2004, at which time and place the owner, his agent, and lien holders of record and any occupant having an interest in the structure, located on the following premises in the City of Lawrence, Douglas County, Kansas, to-wit:
Rhode Island Street Lt 85, commonly known as 933 Rhode Island Street (barn),
were free to appear and show cause why such structure should not be condemned and ordered repaired or demolished.
WHEREAS, Resolution No 6505 of the Governing Body of the City of Lawrence, Kansas, was first published on November 8, 2003, with a second publication of November 15, 2003.
WHEREAS, a copy of said Resolution was properly served by certified mail after the said first publication thereof on the owner of record of said structure.
WHEREAS, at least one (1) week has elapsed between the said service on said owner and the date set for the hearing and at least thirty (30) days have elapsed between the said last publication of the said Resolution and the date set for the hearing.
WHEREAS, the Governing Body of the City of Lawrence, Kansas, has heard all evidence submitted by the owner, his agent, lien holders of record and occupants having an interest in such structure, as well as evidence submitted by the enforcing officer who filed the written statement provided for by K.S.A. 12-1750 et seq., as amended and Code of the City of Lawrence, Kansas, 2001, Chapter 5, Article 5, Section 1, et. seq.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS;
1. The above recitals are incorporated herein as if fully set forth.
2. The governing body finds that the structure is unsafe and dangerous and orders the repair pursuant to the following schedule:
February 27, 2004: Owner/contractor secures building permit for rehabilitation of barn, in accordance with the plans approved by the HRC in 2001 (copies of relating correspondence and drawings are attached).
March 26, 2004: Temporary supports for structure established, new footings completed.
April 29, 2004: Framework (shell) completed.
June 30, 2004: Entire project completed.
In addition thereto, the owner of the above-described property shall provide the City at the time a building permit is requested, in a form acceptable to the City, a performance bond in a form acceptable to the City for the amount of the estimated cost of the repair work, such bond endorsed by a surety licensed to do business within the State of Kansas, providing a guarantee of the repair work. The performance bond shall provide that in the event the repair is not substantially completed within the schedule established above, the surety shall be responsible for the completion of the repairs in a timely manner and workman-like manner. In lieu of a performance bond, the owner of the above-described property may escrow funds with the City at the time of the issuance of the building permit, in the estimated amount of the cost of the repair work, Such escrowed funds to be expended for payments to contractors and suppliers in the repair work. In the event such repair work is not completed in a timely or workmanlike manner pursuant to the above schedule, such escrowed funds, or remainder of funds, shall be expended by the City for such repair work.
At the time of issuance of the building permit, the owner of the above-described property shall execute a temporary access easement to the benefit of the City, allowing the City reasonable access to the property for the limited purpose of accomplishing the requirements of this Resolution.
3. If the property owner of such structure fails to comply with the repair of such structure within the time period last above stated, the Governing Body shall cause the structure to be repaired. The City shall keep an account of the cost of such work and may sell salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. All moneys from the salvage in excess of that necessary to pay demolition and removal costs and the cost of publications of notice and any postage for mailing of notice, shall, after payment of all costs, be paid to the owner of the premises upon which the structure is located.
4. The City shall give notice to the owner of the structure of the total cost incurred by the City in repairing such structure and making the premises safe and secure and the cost of providing notice. If the cost is not paid within 30 days following receipt of notice, the cost shall be collected in the manner provided by K.S.A. 12-1115 or shall be assessed as a special assessment against the property, all pursuant to K.S.A. 12-1750, and amendments thereto.
5. The City Clerk is hereby authorized to provide for the publication (1) one time, of this Resolution in the official newspaper of the City.
ADOPTED by the Governing Body of the City of Lawrence, Kansas, this 17th day of February, 2004.
APPROVED:
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ATTEST:
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Frank Reeb, City Clerk
APPROVED AS TO FORM:
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