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City of Wilson Resolution for a Health Nuisance

Posted in:

(First Published in the Ellsworth County Independent/
Reporter, June 11, 2020)

State of Kansas, Ellsworth County, City of Wilson:

RESOLUTION NO. 4-2020

Being a resolution Adopted by the Governing Body
of the City of Wilson, Declaring as a Health Nuisance Conditions Existing on Private Property located within the City of Wilson, Ellsworth County, Kansas.

Whereas, The Board of Health inspected the following described tracts, to wit:
    Tyler’s Second Addition  Block Thirteen (13)
    Lot Twelve (12) and west half of Lot Eleven (11),
    in the City of Wilson, Ellsworth County, Kansas,
    commonly referred to as 2115 Ave C, and
    currently owned by Terina Templeton.; and
Whereas, that said Board of Health declared the above described property contained:
    (1)   blue pickup missing front hood
        (2)   silver Chevrolet 4 door passenger car
        (3)   white Ford passenger car
        (4)   brown and white SUV
        (5)   brown SUV
       (6)   Chevrolet trailer with tag number ACA188
        (7)   tires
        (8)   large appliances (stoves, washers, dryers, etc)
        (9)   barrels
        (10) swimming pool
       (11) tool box
       (12) wood pallets
       (13) windows
       (14) other miscellaneous debris
that are a public nuisance pursuant to Ordinance No. 638 of the City of Wilson, Ellsworth County Kansas; and
Whereas, a letter was given with the described public health nuisances on the hereinbefore described property to the property owner Terina Templeton on April 21, 2020  to correct the condition of the property with thirty (30) days; and
Whereas, the property owner failed to request a hearing with the Governing Body of the City of Wilson,  Ellsworth County, Kansas:
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the City of Wilson, Ellsworth County, Kansas, declares since there has not been sufficient progress to abate the nuisances that if the nuisances as previously declared by the Board of Health, in their original list of items to be abated are not abated, then 30 days after personal service of this resolution upon the owner, the governing body of the City of Wilson, Ellsworth County, Kansas, through its Board of Health, shall hire and contract that the nuisances will be removed from the premises, and that the cost incurred by the City of Wilson shall be charged against the lot or parcels of ground upon which the nuisance is located as provided in Ordinance No. 638 of the City of Wilson, Ellsworth County Kansas; and
IT IS FURTHER RESOLVED, that a copy of this Resolution shall be served upon the owner in violation by personal service upon the person in violation; or certified mail return receipt requested;  or in the event the whereabouts of such person is unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the Board of Health and filed with the City Clerk, and the serving of the resolution shall be made by publishing the same once each week for two (2) consecutive weeks in the Ellsworth County  Independent/Reporter, the official City newspaper, and by posting a copy of this Resolution on the premises where such condition exists; and
BE IT FURTHER RESOLVED, that this resolution is adopted in its entirety by the governing body of the City of Wilson, Ellsworth County, Kansas, this 1st day of June, 2020.
                                                                      
Michael J. Peschka
Mayor

Attested:

Susan R. Kriley
City Clerk

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