A RESOLUTION FINDING THE STRUCTURE LOCATED AT 1020 E. 8TH. IN THE CITY OF GALENA, KANSAS, IS UNSAFE OR DANGEROUS AND DIRECTING THAT THE STRUCTURE BE REMOVED AND THE PREMISES MADE SAFE AND SECURE
Whereas, the Enforcing Officer for the City of Galena, Kansas, did on the 5th day of May, 2014, file with the governing body of said City a statement in writing that a certain structure, hereinafter described, was unsafe and dangerous; and,
Whereas, the governing body did by Resolution No. 14-17 dated the 5th day of May, 2014, fix the time and place of a hearing at which the owner, his or her agent, and lienholders, any occupants and all other parties of interest in such structure could appear and show cause why such structure should not be condemned and ordered repaired or demolished, and provided for giving notice thereof as provided by law; and,
Whereas Resolution 14-17 was published in the official city newspaper on the 7th day of May, 2014, and on the 14th day of May, 2014, and a copy of said resolution was served upon all persons entitled thereof as provided by law; and,
Whereas, on this 16th day of June, 2014, the governing body did conduct the hearing scheduled in Resolution 14-17 and took evidence from the following: the enforcing officer on behalf of the city. The following party in interest, Gilbert Wilkins, ______ appeared X did not appear______. The following party in interest, Sherri Wilkins, ______ appeared X did not appear.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF GALENA, KANSAS, THAT:
1. The governing body hereby finds that the structure located 1020 E. 8th, Galena, Kansas, and legally described as Lot 140 of the Smith and Moeller First Addition to the City of Galena, Kansas, except the East 67 feet of said lot; is unsafe and dangerous and directs that such structure is to be removed and the premises made safe and secure.
2. The owner of such structure is hereby directed to commence the removal of the structure within 30 days from publication of this resolution (not later than July 18, 2014) and to have the removal completed within 30 days, not later than August 18, 2014. Provided, that upon due application by the owner and for good cause shown, the governing body, in its sole discretion may grant the owner additional time to complete the removal of the property.
BE IT FURTHER RESOLVED, that if the owner fails to commence the repair or removal of the structure within the time provided herein or fails to diligently prosecute the same, the governing body may take such further action as its deems necessary to raze and remove the structure without further notice to the owner or other parties in interest.
BE IT FURTHER RESOLVED, that the City Clerk shall cause this Resolution to be published once in the official city newspaper and mail a copy to the owners, agents, lienholders, occupants and other parties in interest.
Adopted this 16th day of June, 2014, by the City Council of the City of Galena, Kansas.
Dale Oglesby, Mayor
Attest: Flora R. Charles, City Clerk Resolution 14-22
Prepared by Kevin Cure, City Attorney