City of Kanopolis Unsafe Structure at 405 E. Ohio Resolution
(First Published in the Ellsworth County Independent/
Reporter, August 17, 2017)
RESOLUTION NO. #2017-R-05
A RESOLUTION FINDING THAT THE STRUCTURE
LOCATED AT LOTS FOURTEEN (14) AND FIFTEEN (15)
IN BLOCK SEVENTY-TWO (72), OF THE CITY
OF KANOPOLIS, ELLSWORTH COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED TO AS 405 E. OHIO, KANOPOLIS KANSAS, IS UNSAFE OR DANGEROUS
AND DIRECTING THAT THE STRUCTURE BE REMOVED AND THE PREMISES MADE SAFE AND SECURE.
WHEREAS, the Enforcing Officer of the City of Kanopolis, Kansas did on the 23rd day of May 2017 file with the governing body of said City a statement in writing that a certain structure, hereinafter described, was unsafe and dangerous; and,
WHEREAS, the governing body did by Resolution No. 2017-R-03 dated the 13th day of June, 2017, fix the time and place of a hearing at which the owner, his or her agent, and lienholders, any occupants and all other parties of interest of such structure could appear and show cause why such structure should not be condemned and ordered repaired or demolished, and provided for giving notice thereof as provided by law; and,
WHEREAS, Resolution No. 2017-R-03 was published in the official city paper on the 22nd day of June, 2017 and the 29th day of June, 2017, and a copy of said resolution was served upon all persons entitled thereto as provided by law; and,
WHEREAS, on this 8th day of August, 2017, the governing body did conduct the hearing scheduled in Resolution No.2017-R-03 and took evidence from the following: the enforcing officer on behalf of the city. The following parties in interest failed to appear: Kenneth R. Parker.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF KANOPOLIS KANSAS, THAT:
1. The governing body hereby finds that the structure located at: Lots Fourteen (14) and Fifteen (15) in Block Seventy-two (72), of the City of Kanopolis, Ellsworth County, Kansas and commonly known and referred to as 405 E. Ohio, Kanopolis, Kansas is unsafe and dangerous and directs that such structure is to be removed and the premises made safe and secure.
2. The owner of such structure is hereby directed to commence the removal of the property within 30 days from the date of publication of this resolution (not later than the 16th day of September, 2017) and to have the removal completed within 60 days of the date of commencement (not later than the 16th day of October, 2017). Provided, that upon due application by the owner and for good cause shown, the governing body, in its sole discretion, may grant the owner additional time to complete the removal of the property.
3. If the owner fails to commence the removal of the structure within the time stated herein, or any additional time granted by the governing body, or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be razed and removed and the costs of razing and removing, less salvage if any, shall be collected in the manned provided by K.S.A. 12-1, 1115, and amendments thereto or shall be assessed as a special assessment against the lot or parcel of land upon which the structure is located or by both, all as provided by law.
BE IT FURTHER RESOLVED, that if the owner fails to commence the repair or removal of the structure within the time provided herein or fails to diligently prosecute the same, the governing body may take such further action as it deems necessary to raze and remove the structure without further notice to the owner or other parties in interest.
BE IT FURTHER RESOLVED, that the City Clerk shall cause this Resolution to be published once in the official city paper and mail a copy to the owners, agents, lienholders, occupants, and other parties in interest.
Adopted this 8th day of August, 2017.
By: /s/ Russell Bunch
Russell Bunch, Mayor
By: /s/ Yvonne E. Stoppel
Yvonne E. Stoppel, City Clerk
1t 8/17