Wilson Health Nuisance Resolution for 416 29th

(First Published in the Ellsworth County Independent/
Reporter, March 25, 2021)

State of Kansas, Ellsworth County, City of Wilson:

RESOLUTION NO. 4-2021

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:
    Lot Eleven (11), Block Thirteen (13), in the
    original City of Wilson, Ellsworth County,
    Kansas, commonly referred to as 416 29th,
    and currently owned by Brian Fuller; and
Whereas, that said Board of Health declared the above described property contained:
(1)    Bathtub on porch
(2)      Shower stall in yard
(3)      Stove in yard
(4)      Miscellaneous debris in yard
(5)    Electrical box falling off house
(6)    Walls falling down or missing
(7)    Old truck camper/shell with wood and debris
    inside in yard

that are a public nuisance pursuant to Ordinance No. 638 of the City of Wilson, Ellsworth County Kansas; and
Whereas, a letter was mailed with the described public health nuisances on the hereinbefore described property to the property owner Brian Fuller on February 2, 2021 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 15th day of March, 2021.
                                                                      
Michael J. Peschka
Mayor

Attested:

Susan R. Kriley
City Clerk

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