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HomeMy WebLinkAboutRes 870 RESOLUTION NO. 870 A RESOLUTION AUTHORIZING REMOVAL OF UNSAFE STRUCTURE AT 5331 WOODSON STREET IN THE CITY OF MISSION PURSUANT TO SECTION 510.100 OF THE CODE OF THE CITY OF MISSION, KANSAS. WHEREAS, on November 16, 2011, the code enforcing officer of the City of Mission filed with the Governing Body a statement in writing that the structure hereinafter described, is unsafe and dangerous; and WHEREAS, by Resolution No. 843, adopted on November 16, 2011, the Governing Body of the City of Mission, resolved that a hearing be held on the 18th day of January, 2012 before the Governing Body at the City Council Chambers, located at City Hall, 6090 Woodson, Mission, Kansas, 66202, at which time the owner, his or her agent, any lienholder of record, any occupant and any other parties in interest, as that term is defined by law, of the structure located at: 5331 Woodson St., Mission,Kansas,legally described as: BEGINNING 799.4 FEET NORTH AND 1327.26 FEET WEST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 12, RANGE 25,JOHNSON COUNTY, KANSAS; THENCE SOUTH 84.15 FEET; THENCE EAST 160.5 FEET; THENCE NORTH 84.15 FEET; THENCE WEST 160.5 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT THAT PART TAKEN FOR ROADS. Parcel ID#KF251205-4090 were allowed to appear and show cause why such structure should not be condemned as an unsafe or dangerous structure and ordered repaired or demolished; and WHEREAS, the City Clerk caused Resolution No. 843 to be published and has given notice of the aforesaid hearing in the manner provided by law; and WHEREAS, a public hearing was held on January 18th, 2012, at which all relevant parties, interest holders and relevant City officials were given the opportunity to present evidence concerning the status of such structure; and WHEREAS, after the close of the public hearing, on January 18th, 2012, the Governing Body adopted Resolution No. 853 finding the structure to be unsafe and dangerous, and directing the owner of the property, Clay Carney, to commence repair or removal of the structure within 120 days from the date that a copy of the resolution is delivered to the owner of the property; and WHEREAS, Resolution No. 853 further provides that if the owner of such unsafe structure fails to commence the repair or removal of such unsafe structure within the time specified or fails to diligently commence and continue such action until the work is completed, the Governing Body will cause the unsafe structure to be razed and removed; and 17109204v1 WHEREAS, based upon the reports of the code enforcing officer,presented to the Governing Body on November 16th, 2011 and January 18th, 2012, and other information received by the Governing Body on such dates, the Governing Body finds that the property owner was served with a copy of Resolution 835 on January 27, 2012, that 120 days has elapsed since such service, and that the property owner has not, as of the date of this resolution, commenced the repair or removal of such structure. NOW THEREFORE,BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MISSION, KANSAS: Section 1. The Governing Body directs the code enforcing officer to notify the property owner, Clay Carney, that he has failed to comply with Resolution No. 853, that accordingly the City will proceed to raze and remove the unsafe and dangerous structure; and that Mr. Carney has 30 days to remove items ofpersonal property from the structure. Section 2. The Governing Body directs the code enforcing officer to inventory, remove and store personal property not removed by the property owner at the end of the period specified in Section 1 and, to the extent practicable, to deliver items of personal property to the property owner. Section 3. The Governing Body directs the code enforcing officer to proceed, upon removal of all personal property from the structure;to raze and remove the structure in a manner which will render the property safe in accordance with the applicable provisions of the City Code. Section 4. The Governing Body directs the code enforcing officer to consult with the City Attorney in performing these duties and to report to the Governing Body at its regularly scheduled meetings on the progress of the foregoing code enforcement activities. ADOPTED by the City Council of the City of Mission, Kansas this 19th day of September 2012. Laura Mc n 11, Mayor A 1TEST: (bale((fict; • II Martha Sumrall, City Clerk 17109204v1