City of Holyrood Dangerous Structure at 104 W. Olds

(First published in the Ellsworth County Independent-
Reporter December 24, 2020)

RESOLUTION # 2020-003

A RESOLUTION FINDING THAT THE STRUCTURE
LOCATED AT BLOCK 6, LOTS 13 – 16 IN THE
MCDONALDS ADDITION, CITY OF HOLYROOD, ELLSWORTH COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED TO AS 104 WEST OLDS, HOLYROOD, KANSAS IS UNSAFE AND DANGEROUS AND
DIRECTING THAT THE STRUCTURE BE REMOVED AND THE PREMISES MADE SAFE AND SECURE.

WHEREAS, the Enforcing Officer of the City of Holyrood, Kansas did on the 5th day of October, 2020 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 #2020-002 dated the 19th day of October, 2020, 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 #2020-002 was published in the official city paper on the 28th day of October, 2020, and a copy of said resolution was served upon all persons entitled thereto as provided by law; and,
WHEREAS, on the 7th day of December, 2020, the governing body did conduct the hearing scheduled in Resolution #2020-002 and took evidence from the following: Mark Breford, the enforcing officer on behalf of the city.  The following parties in interest failed to appear or appeared and did not present evidence:  Mini Soda Properties.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HOLYROOD KANSAS, THAT:
1. The governing body hereby finds that the structure located at:
    Block 6, Lots 13 – 16 in the McDonalds
    Addition, City of Holyrood
    Also known as 104 W Olds, Holyrood, 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 seven (7) days from the date of publication of this resolution (not later than the 31st day of December, 2020,) and to have the removal completed within thirty (30) days of the date of commencement (not later than the 30th day of January, 2021).  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 21st day of December, 2020.

Brandon Koch, Mayor

(SEAL)

ATTEST:

Stephanie Petermann, City Clerk

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