RESOLUTION NUMBER 24-8251
A RESOLUTION MAKING CERTAIN FINDINGS AND CONCLUSIONS BASED UPON A SHOW CAUSE HEARING RELATING TO THE DANGEROUS STRUCTURE LOCATED AT 254 NORTH PENN AVENUE, SALINA, KANSAS, AND DETERMINING THAT THE CITY SHALL CAUSE THE STRUCTURE TO BE RAZED AND REMOVED AND RECOVER THE COST OF SUCH WORK IN THE MANNER PROVIDED UNDER K.S.A. 12-1755.
WHEREAS:
A. The Governing Body of the City of Salina, Kansas (the “City”) on August 12, 2024, adopted Resolution Number 24-8227 (the “Resolution”) determining the residential structure located on the following described real estate located in the City of Salina, Saline County, Kansas, and addressed as 254 North Penn Avenue (the “Premises”) owned by David S Coffman, Kim A Coffman and Johnnie Coffman, (the “Owners”) to be dangerous (the “Dangerous Structure”):
LEGAL DESCRIPTION:
Lot Three (3), Block Seven (7), Riverside Park Addition to the City of Salina, Saline County, Kansas.
TYPE OF BUILDING: Residential structure with one accessory structure;
B. The Resolution further outlined a series of deadlines, depending upon whether the Owner elected to either make the Premises safe and secure by performing the Demolition Work or the Repair Work as defined in the Resolution, and provided for the scheduling of a show cause hearing in the event the building official determined that the Owner failed to comply with any of the requirements or orders set forth in the Resolution.
C. Pursuant to section 5 of the Resolution, the Building Official requested and the City Manager placed on the agenda for the November 18, 2024, regular meeting of the Governing Body of the City, a show cause hearing by the Governing Body at 4:00 P.M. on Monday, November 18, 2024, in the City Commission Meeting Room, Room 107, City-County Building, 300 West Ash Street, Salina, Kansas, (the “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 for the reason that the Owner has failed to either:
In compliance with Section 3.(1) of the Resolution: “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 September 11, 2024.” or
In compliance with Section 4.(1) of the Resolution: “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 October 11, 2024.
D. In accordance with Section 5 of the Resolution, the Building Official caused notice of the Show Cause Hearing to be mailed by USPS certified mail on October 18, 2024, to the following interested parties (the “Interested Parties”):
David S. Coffman 116 South Chicago, Salina, Kansas, 67401
Kim A. Coffman 116 South Chicago, Salina, Kansas, 67401
Johnnie Coffman 116 South Chicago, Salina, Kansas, 67401
Sunflower Bank Attn: Legal Department
3025 Cortland Circle, Salina, Kansas, 67401
Bank of Tescott C/O Larry Fief, President
2040 South Ohio, Salina, Kansas, 67401
Saline County, Kansas, C/O County Clerk
300 West Ash Salina, KS 67401
THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. Findings. The Governing Body finds that:
Proper and timely USPS certified mailed Notice of the Show Cause Hearing was provided to the Interested parties in accordance with Section 5 of the Resolution.
The Show Cause hearing was conducted at the appointed time and place as stated on the mailed Notice of Show Cause Hearing.
City staff and the Owner presented relevant information regarding (i) plans, drawings, and documents presented to the City by the Owner and/or the Owner’s representatives and (ii) discussions had among the Owner and/or representatives of the Owner and City staff since adoption of the Resolution.
The Owner has neither complied with either Section 3.(1) or Section 4.(1) of the Resolution as of the respective deadlines set forth in those sections of the Resolution nor as of the Show Cause Hearing.
Section 2. Conclusions. Based upon the totality of the information presented to the Governing Body during the Show Cause Hearing, the Governing Body concludes that:
1. The Owner has not shown cause as to why the Governing Body should not proceed to cause the Dangerous Structure to be razed and removed; and
2. Approve Resolution 24-8251 ordering and directing that the City proceed to cause the Dangerous Structure located at 254 North Penn Avenue, be razed and removed by the City and the cost of such work recovered by the City in the manner provided under K.S.A. 12-1755.
Section 3. Publication, mailing, and recording. 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 4. Final Order. This resolution constitutes a final order of the Governing Body in relation to its determination that the City shall proceed to cause the Dangerous Structure to be razed and removed and the cost of such work recovered by the City in the manner provided under K.S.A. 12-1755.
Adopted by the Board of Commissioners this 18th day of November, 2024.
Bill Longbine, Mayor
ATTEST:
Nikki Goding, City Clerk