Kanopolis Ordinance for Dangerous Structure at 304 S Colorado

(First Published in the Ellsworth County Independent/
Reporter, April 21, 2022)

ORDINANCE #2022-O-01

AN ORDINANCE AUTHORIZING AND DIRECTING
THE REMOVAL OF CERTAIN UNSAFE AND
DANGEROUS STRUCTURES LOCATED AT LOTS
SIXTEEN (16), SEVENTEEN (17), EIGHTEEN (18), NINETEEN (19) AND TWENTY (20) ALL IN BLOCK NINETY-SIX (96), CITY OF KANOPOLIS, ELLSWORTH COUNTY, KANSAS, COMMONLY KNOWN AND
REFERRED TO 304 S COLORADO, KANOPOLIS, KANSAS, IS UNSAFE OR DANGEROUS AND
DIRECTING THAT THE STRUCTURE BE REMOVED AND THE PREMISES MADE SAFE AND SECURE

WHEREAS, the governing body did after proper notice and hearing as provided by law make findings by Resolution No. 2022-R-02, dated January 11, 2022, that the structures hereinafter described are unsafe and dangerous and did direct the owner of such structures to repair or remove the same and make the premises safe and secure, together with a statement that if the owner failed to commence the repair or removal within the time fixed by such resolution or failed to diligently prosecute the same until the work was completed, the city would cause the structures to be razed and removed and,
WHEREAS, such resolution was published in the official city newspaper and copies of such resolution were mailed to each owner, agent, lienholder of record and occupant of such structures and all other parties having any legal or equitable interest in the property, or was otherwise served as required by law; and,
WHEREAS, the owner has wholly faile to commence the repair or removal of said structures;
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF KANOPOLIS, KANSAS:
Section 1.  the enforcing officer is hereby authorized and directed to cause the structure located on Lots Sixteen (16) to Twenty (20), inclusive, in Block Nineteen (19), in the City of Kanopolis, Ellsworth County, Kansas, also commonly known and referred to as 304 S Colorado of said city to be razed and removed and the premises made safe and secure, and for this purpose is authorized to invite bids, negotiate a contract, or cause the work to be done by city employees.
Section 2.  The enforcing officer shall keep an account of the costs of the work and may sell salvage from such structures and shall keep an account of the receipts therefrom as provided by law.
Section 3.  All costs incurred by the city in the razing and removal of such structures and the making of the premises safe and secure shall be paid from moneys received from the sale of salvage therefrom and all moneys in excess of that necessary to pay such cost shall, after the payment of all costs, be paid to the owner and the premises upon which said structures were located; PROVIDED, that if there is no salvage or if the proceeds received from the sale of salvage are insufficient to pay the costs of such work, such costs or any portion thererof in excess of the amount received from the sale of salfage shall be assessed as a special assessment against the lots or parcels of land on which the structures were located and may be financed until the assessment is paid out of the general fund of the city and/or may be pursued as a personal debt pursuant to the procedure allowed under K.S.A. 12-1, 115 and any amendments thereto.
Section 4.  This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.
ADOPTED AND APPROVED by the Governing Body, this 12th day of April, 2022.

Mayor – E. Anthony Hopkins

(SEAL) ATTEST:

City Clerk – Debra S. Stroede-Kralik

2t 4/21, 4/28