RESOLUTION NUMBER 24-8240
A RESOLUTION RELATING TO A DANGEROUS STRUCTURE LOCATED AT 122 EAST JEWELL AVENUE, 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 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: 122 East Jewell Avenue
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: Single Family, Residential; with NO accessory structures.
D. At its regular meeting on August 26, 2024, the Governing Body adopted Resolution Number 24-8228 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, October 14, 2024, in the City Commission Meeting Room, Room 107, City-County Building, 300 West Ash Street, Salina, Kansas (the “Hearing”);
E. Resolution Number 24-8216 was published on the City’s website as the City’s official newspaper on August 27, 2024, and September 3, 2024, and was mailed on August 29, 2024, by certified mail to the following interested parties (the “Interested Parties”):
Jayme L. Scofield 601 20th Street, Belleville, Kansas 66935, returned unsigned Certified Mail.
Saline County Clerk, Salina, Saline County Kansas; signed for Certified Mail.
Discover Bank, 112 SW 7th Street Suite C, Topeka, Kansas 66603, signed for Certified Mail.
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 24-8228 was published on the City’s website as the City’s designated official newspaper on August 27, 2024, and September 3, 2024; (b) all interested parties were mailed a copy of the Resolution by certified mail or provided a copy by further means as necessary; 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.
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.
The Structure, or portions thereof, is clearly dangerous for its use and occupancy.
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.
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 or 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 Demolition or Repair Work which are suitable for acceptance and review by the building official no later than November 13, 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 November 28, 2024.
- No later than December 13, 2024, the Owner and its contractors shall commence the Demolition or Repair Work on the Premises, and thereafter diligently prosecute the same until the Demolition or Repair Work is completed and the Premises are made safe and secure.
- As required by K.S.A. 12-1754, the Owner of the Structure, upon removing the Structure, shall fill any basement or other excavation located upon the Premises and take any other action necessary to leave the Premises in a safe condition.
Section 4. 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 5. 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 6. 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 14th day of October, 2024.
Bill Longbine, Mayor
ATTEST:
Jenifer Scheibler, Deputy City Clerk