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Resolution 24-8263 Ordering 122 E. Jewell Ave. Demolished

Salina, KS  | Official Website News Image

12/26/2024 8:44:00 AM

RESOLUTION NUMBER 24-8263

 

A RESOLUTION MAKING CERTAIN FINDINGS AND CONCLUSIONS BASED UPON A SHOW CAUSE HEARING RELATING TO THE DANGEROUS STRUCTURE LOCATED AT 122 EAST JEWELL 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 October 14, 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 122 East Jewell Avenue (the “Premises”) owned by Jayme L. Scofield, (the “Owners”) to be dangerous (the “Dangerous Structure”):

 

LEGAL DESCRIPTION: 

Lot Twenty-Seven (27), on Jewell Avenue in the Grounds of Kansas Wesleyan University, an Addition to the City of Salina, Saline County, Kansas.

TYPE OF BUILDING: Residential structure with NO 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 December 23, 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, December 23, 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:

 

  1. 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 November 13, 2024.” or 
  2. 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 November 28, 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 December 3, 2024, to the following interested parties (the “Interested Parties”):

 

Personal Representative of the estate of Jayme L. Scofield (Deceased) 135 Baker Salina, Kansas 67401

Natural heirs of Jayme Scofield

Sandra (Gary) Boman 1543 170 Rd. Belleville, Kansas 66935

JoAnn (Ken) Gurley 4405 Barlow Ave. Silver Springs, Nevada 89429

LeAnn (Tim) Sankey 2036 East North Street Salina, Kansas 67401

Gary (Lori) Scofield 1540 US Highway 81 Belleville, Kansas 66935

Noah (Jennifer) Burton 9620 Hackamore Ct. Justin, Texas 76247

Heidi (Caleb) Kelly Address Unknown

Jeremy Foerschler Address Unknown

Hunter Burton Address Unknown

Discover Bank 112 SW 7th Street Suite C, Topeka, Kansas 66603

Saline County, Kansas, C/O County Clerk 300 West Ash Salina, Kansas 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:

The Owner has not shown cause as to why the Governing Body should not proceed to cause the Structure to be razed and removed; and

The Governing Body orders and directs that the City 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.

 

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 23rd day of December 2024.  


Bill Longbine, Mayor 

 

ATTEST:

Nikki Goding, City Clerk

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