Dangerous Structure, 305 W. 2nd, Ellsworth
(First Published in the Ellsworth County Independent/Reporter, October 22, 2020)
RESOLUTION #20-0824B
A RESOLUTION FINDING THAT THE STRUCTURES LOCATED AT:
A fractional part of Lots Two (2) and Three (3) in Block 45, in the original City of Ellsworth, Ellsworth County, Kansas, described as follows: Beginning at the Southeast corner of Lot 1 in said Block 45, and at the intersection of the West line of Grand Avenue and the North line of Second Street in said City of Ellsworth, and continuing West on the South line of Lots 1 and 2 for a distance of 53 feet to the place of beginning, thence continuing West on the South line of Lots 2 and 3 for a distance of 44 feet to the Southwest corner of Lot 3 in said Block 45, thence Northerly on the West line of said Lot 3 for a distance of 105’5’’ feet; thence Southeasterly parallel with the West line of Lot 2 in said Block 45 for a distance of 98.6 feet to the place of beginning;
Also known as 305 W. 2nd Street, Ellsworth, 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 Ellsworth, Kansas did on the 7th of August, 2020 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 #20-0824B dated the 24th day of August, 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 structures could appear and show cause why such structures should not be condemned and ordered repaired or demolished, and provided for giving notice thereof as provided by law; and
WHEREAS, Resolution #20-0824B was published twice in the official city paper on the 27th day of August, 2020 and the 3rd day of September, 2020, and a copy of said resolution was served upon all person entitled thereto as provided by law; and
WHEREAS, on this 12th of October, 2020, the governing body did conduct the hearing
Scheduled in Resolution #20-0824B 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 ELLSWORTH, KANSAS, THAT:
1. The governing body hereby finds that the structures located at:
A fractional part of Lots Two (2) and Three (3) in Block 45, in the original City of Ellsworth, Ellsworth County, Kansas, described as follows: Beginning at the Southeast corner of Lot 1 in said Block 45, and at the intersection of the West line of Grand Avenue and the North line of Second Street in said City of Ellsworth, and continuing West on the South line of Lots 1 and 2 for a distance of 53 feet to the place of beginning, thence continuing West on the South line of Lots 2 and 3 for a distance of 44 feet to the Southwest corner of Lot 3 in said Block 45, thence Northerly on the West line of said Lot 3 for a distance of 105’5’’ feet; thence Southeasterly parallel with the West line of Lot 2 in said Block 45 for a distance of 98.6 feet to the place of beginning;
Also known as 305 W. 2nd Street, Ellsworth, 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 21st day of November, 2020) and to have the removal completed within 60 days of the date of commencement (not later than the 21st day of December, 2020). 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 state 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 the 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, 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 in the official city paper and mail a copy to the owners, agents, lienholders, occupants, other parties in interest.
Adopted this 12th day of October, 2020.
Mark Kennedy
Mayor
(SEAL)
ATTEST:
Brittany Rohr
City Clerk
1t 10/22