RESOLUTION NUMBER 24-8220
A RESOLUTION RELATING TO A DANGEROUS STRUCTURE LOCATED AT 1616 WEST CRAWFORD STREET, SALINA, KANSAS.
WHEREAS:
A. Pursuant to K.S.A. 12-1751, the governing body of any city has the power to cause the repair or removal of, or to remove any structure located within the city, which may have become unsafe or dangerous.
B. Chapter 31, Article VI, Division 1, of the Salina Code (“S.C.”) defines what constitutes a “dangerous” structure (S.C. §31-502) and outlines the conditions or defects, the presence of any or all of which provide the basis for determining that any structure or premises shall be considered dangerous (S.C. §31-502.1).
C. Consistent with K.S.A. 12-1752, the Building Official filed with the Governing Body a written statement that a certain structure (the “Structure”) located upon the following described parcel of real estate located in the City of Salina, Saline County, Kansas (the “Premises) owned by Andrea Investments, LLC, a Kansas limited liability company (the “Owner”), is unsafe or dangerous:
ADDRESS: 1616 W Crawford Avenue
LEGAL DESCRIPTION:
Tract 1
Lots 1, 2, 3 and 4, less the West 150.00 feet of Lot 4, Block 1, C K S Addition to the City of Salina, Saline County, Kansas, Plat Book A7, page 10.
Tract 2
All of that part of the West 150.00 feet of Lot 4, Block 1, lying North of the existing concrete slab in C K S Addition to the City of Salina, Saline County, Kansas, Plat Book A7, page 10, which is more particularly described as follows:
BEGINNING at the Northwest corner of said Lot 5; thence South 00 degrees 42 minutes 49 seconds West, a distance of 169.81 feet; Thence North 89 degrees 59 minutes 09 seconds East, a distance of 150.00 feet, Thence North 00 degrees 42 minutes 49 seconds East, a distance of 169.77 feet; Thence South 90 degrees 00 minutes 00 seconds West a distance of 150 feet back to the point of beginning.
Metes and Bounds Description:
The above described tracts of land are more particularly described as follows:
Beginning at the Southeast corner of Lot One (1), Block One (1) C.K.S. Addition to the City of Salina, Saline County, Kansas; thence N00°42’49”E along the East line of said Lot One (1) and Lot Three (3) a distance of Five Hundred Fifty (550) feet; thence N90°00’00”W along the North line of C.K.S. Addition a distance of Six Hundred (600) feet to the Northwest corner of Lot Four (4); thence S00°42’49”W a distance of One Hundred Sixty-Nine and Eighty-One Hundredths (169.81) feet; thence N89°59’09”E a distance of One Hundred Fifty (150) feet; thence S00°42’49”W a distance of Three Hundred Eighty and Nineteen Hundredths (380.19) feet to the North right of way line of Crawford Avenue; thence N90°00’00”E along said North right-of-way line a distance of Four Hundred Fifty (450) Feet back to the point of beginning.
TYPE OF BUILDING: Commercial structure with no accessory structures;
D. At its regular meeting on June 3, 2024, the Governing Body adopted Resolution Number 24-8213 pursuant to K.S.A. 12-1752 fixing the time and place at which the Owner, the Owner's agent, any lien holders of record and any occupant of the Structure described above may appear and show cause why the Structure should not be condemned and ordered repaired or demolished at 4:00 P.M. on Monday, July 22, 2024, in the City Commission Meeting Room, Room 107, City-County Building, 300 West Ash Street, Salina, Kansas (the “Hearing”);
E. Resolution Number 24-8213 was published on the City’s website as the City’s official newspaper on June 4, 2024, and June 11, 2024, and was mailed on June 7, 2024, by certified mail to the following interested parties (the “Interested Parties”):
Andrea Investments, LLC, Attn. Joshua Joseph, 6925 Valley View Lane, Dallas, Texas
Herring Bank, Amarillo Texas
Great Plains National Bank, Elk City Oklahoma
Saline County, Kansas;
F. Because the certified mailing of Resolution Number 24-8213 to Andrea Investments, LLC, was returned to sender – unclaimed and unable to forward, a copy of Resolution Number 24-8213 was emailed to Joshua Joseph’s email address on July 11, 2024, and served at his residence on July 12, 2024.
G. Because the certified mailing of Resolution Number 24-8213 to Great Plains National Bank, Elk City, Oklahoma, was returned to sender – no mail receptacle, a copy of Resolution Number 24-8213 was sent on July 11, 2024, to the same address via UPS next day air service and was signed for on July 12, 2024, by a representative of Great Plains National Bank;
THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Governing Body finds that: (a) the Resolution Number 24-8213 was published on the City’s website as the City’s designated official newspaper on June 4, 2024, and June 11, 2024; (b) all interested parties were mailed a copy of the Resolution by certified mail and, as necessary, provided a copy by further means; and (c) based upon application of the evidence presented at the Hearing to the criteria set forth in S. C. §31-502.1, the following conditions or defects exist on the Premises such that the Structure is therefore dangerous:
- The Structure contains doors, aisles, passageways, stairways, exits or other means of egress that do not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings.
- The walking surface of aisles, passageways, stairways, exits or other means of egress from the Structure are so warped, worn loose, torn or otherwise dangerous as to not provide safe and adequate means of egress.
- Portions of the Structure have been damaged by fire, wind, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged.
- Parts of the Structure, because of dilapidation, deterioration, unrepaired fire damages, unrepaired holes in the roof assembly, and because of unrepaired or removed wall sections on the third floor, are likely to partially collapse.
- The Structure, or portions thereof, is clearly dangerous for its use and occupancy.
- The Structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the Structure to their danger, become a harbor for vagrants, criminals or immoral persons, or enable persons to resort to the building or structure for committing a nuisance or an unlawful act.
- The Structure, which is or was used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease.
- The Structure has been constructed, exists or is maintained in violation of specific requirements or prohibitions applicable to such structures provided by the building or fire code of the city, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or an imminent threat to life and safety.
- The Structure, because of a lack of sufficient or proper fire-resistance-rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health.
- The Structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public.
Section 2. The Owner is directed to make the Premises safe and secure by (i) repairing the Structure (“Repair Work”) or (ii) razing and removing the Structure (“Demolition Work”).
Section 3. If the Owner elects to make the premises safe and secure by performing the Demolition Work, the Owner is ordered and directed to comply with the following:
- The Owner shall immediately commence and diligently pursue (a) engagement of any necessary consultants and/or contractors; and (b) the preparation and submission of complete and accurate applications by the Owner or its consultants and/or contractors to the City for the required permits for the Demolition Work which are suitable for acceptance and review by the building official no later than August 21, 2024.
- If the building official’s review of the applications identifies the need for preparation of corrections to the applications by the Owner or its consultants and/or contractors, the corrections must be made within the number of days indicated by the building official that will allow for review of the corrections and issuance by the City of the required permits no later than August 30, 2024.
- No later than September 5, 2024, the Owner and its contractors shall commence the Demolition Work on the Premises, and thereafter diligently prosecute the same until the Demolition Work is completed and the Premises are made safe and secure.
- As required by K.S.A. 12-1754, the Owner of the Structure, making the Premises safe and secure shall include filling in any basement or other excavation located upon the Premises and taking any other action necessary to leave the Premises in a safe condition.
Section 4. If the Owner elects to make the premises safe and secure by performing the Repair Work, the Owner is ordered and directed to comply with the following:
- The Owner shall immediately commence and diligently pursue (a) engagement of any necessary consultants and/or contractors; and (b) the preparation and submission of complete and accurate applications by the Owner or its consultants and/or contractors to the City for the required permits for the Repair Work which are suitable for acceptance and review by the building official no later than September 20, 2024.
- If the building official’s review of the applications identifies the need for preparation of corrections to the applications by the Owner or its consultants and/or contractors, the corrections must be made within the number of days indicated by the building official that will allow for review of the corrections and issuance by the City of the required permits no later than October 21, 2024.
- No later than November 19, 2024, the Owner and its contractors shall commence the Repair Work on the Premises, and thereafter diligently prosecute the same until the Repair Work is completed and the Premises are made safe and secure.
Section 5. If the building official, in the building official’s sole discretion, determines that the Owner has failed to comply with any of the requirements or orders set forth in this resolution, the building official may request and the city manager may place on the agenda of a regular or special meeting of the Governing Body a show cause hearing, at which time the Owner must appear and show cause as to why the Governing Body should not proceed to cause the Structure to be repaired or razed and removed and the cost of such work recovered by the City in the manner provided under K.S.A. 12-1755. The building official shall cause notice of the time and place of the show cause hearing to be mailed to the Interested Parties by certified mail at least fourteen (14) days prior to the date set for the show cause hearing. If, following the show cause hearing, the Governing Body determines that the Owner has failed to comply with any of the requirements or orders set forth in this resolution, the Governing Body may proceed without further notice to cause the Structure to be repaired or razed and removed and to recover the cost of such work in the manner provided under K.S.A. 12-1755.
Section 6. The City Clerk shall (a) publish this resolution one (1) time in the official city newspaper; (b) shall mail, by certified mail, copies of the resolution to each Owner, agent, lienholder of record and any occupant of the Structure within three (3) days after its publication; and (c) file this resolution for recording in the office of the Saline County Register of Deeds.
Section 7. This resolution constitutes a final order of the Governing Body in relation to its determination that the Structure is dangerous and unsafe pursuant to K.S.A. 12-1750, et seq.
Adopted by the Board of Commissioners this 22nd day of July, 2024.
Bill Longbine, Mayor
ATTEST:
Nikki Goding, City Clerk