Kanopolis Dangerous Structure at 321 E. 2nd St.
(First Published in the Ellsworth County Independent/
Reporter, January 25, 2018)
RESOLUTION NO. #2018-R-03
A RESOLUTION FINDING THAT THE STRUCTURES
LOCATED AT LOTS SIXTEEN (16), SEVENTEEN (17),
EIGHTEEN (18), NINETEEN (19), TWENTY (20),
AND TWENTY-ONE (21), IN BLOCK NINETY-TWO (92), CITY OF KANOPOLIS, ELLSWORTH COUNTY, KANSAS
IN THE CITY OF KANOPOLIS, ELLSWORTH COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED TO AS 321 E. 2nd ST., KANOPOLIS KANSAS, IS UNSAFE OR
DANGEROUS AND DIRECTING THAT THE STRUCTURES
BE REMOVED AND THE PREMISES MADE SAFE
AND SECURE.
WHEREAS, the Enforcing Officer of the City of Kanopolis, Kansas did on the 11th day of September, 2017 file with the governing body of said City a statement in writing that certain structures, hereinafter described, was unsafe and dangerous; and,
WHEREAS, the governing body did by Resolution No. #2017-R-10 dated the 14th day of November, 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 structures 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-10 was published twice in the official city paper on the 22nd day of November, 2017 and the 30th day of November, 2017, and a copy of said resolution was served upon all persons entitled thereto as provided by law; and,
WHEREAS, on this 9th day of January, 2018, the governing body did conduct the hearing scheduled in Resolution No. #2017-R-10 and took evidence from the following: the enforcing officer on behalf of the city. The following parties in interest failed to appear or appeared and did not present evidence: no appearances.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF KANOPOLIS KANSAS, THAT:
1. The governing body hereby finds that the structures located at: Lots Sixteen (16), Seventeen (17), Eighteen (18), Nineteen (19), Twenty (20), and Twenty-one (21), in Block Ninety-two (92), City of Kanopolis, Ellsworth County, Kansas and commonly known and referred to as 321 E. 2nd St., Kanopolis, Kansas, are unsafe and dangerous and directs that such structures are to be removed and the premises made safe and secure.
2. The owner of such structures is hereby directed to commence the removal of the properties within 30 days from the date of publication of this resolution (not later than the 24th day of February, 2018) and to have the removal completed within 60 days of the date of commencement (not later than the 26th day of March, 2018). 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 properties.
3. If the owner fails to commence the removal of the structures 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 structures 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 structures are 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 structures 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 structures 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 9th day of January, 2018.
By: /s/ Edward A. Hopkins
Edward A. Hopkins, Mayor
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