RESOLUTION NO. R-7-25 /
Alessi house & garage demo Finding
A RESOLUTION FINDING THAT THE STRUCTURES LOCATED AT 322 EAST AVENUE E, ATTICA FIRST SUPPLEMENTAL, BLOCK THIRTY-SEVEN (37), LOT SEVEN (007) PT, E2 LOT SEVEN (7) AND EIGHT (8) IN THE CITY OF ATTICA, KANSAS, IS UNSAFE OR DANGEROUS AND DIRECTING THAT THE STRUCTURE BE DEMOLISHED AND THE PARCEL BE MADE SAFE AND SECURE.
WHEREAS, the Building Official of the City of Attica, Kansas, did notify the governing body of said city, a statement in writing that the structure, hereinafter described, is unsafe and dangerous; and,
WHEREAS, the governing body did by Resolution R-6-25 dated the 15th day of January, 2025, fix the time and place of a hearing at which the owner, his or her agent, and lien-holders, any occupants should not be condemned and ordered demolished, and provided for giving notice thereof as provided by law; and,
WHEREAS, Resolution R-6-25 was published in the official city paper on the 23rd day of January, 2025 and on the 30th day of January, 2025, and a copy of said resolution was served upon all persons entitled thereto as provided by law; and,
WHEREAS, on the 5th day of February 2025, the governing body did conduct the hearing scheduled in Resolution R-6-25 to which public input was received. The following parties in interest appeared:
WHEREAS, at said scheduled hearing the governing body found the following facts in support of the determination that the structure is dangerous, unsafe or unfit for human use or habitation:
a. There are multiple locations of siding and roofing material missing leaving the structure open to the outside elements. The openings allow harborage for animals, rodents, birds, etc.
b. Entrances are not in safe and good repair;
c. Heating is not capable of reaching an air temperature of 70 degrees Fahrenheit under ordinary winter conditions;
d. Kitchen Sink: at least one kitchen sink with public water connected to a sewer system is not in working order;
e. Lavatory: good working condition connected to an approved water and sewer system;
f. Plumbing: all plumbing must be maintained in a good working order;
g. Water Heating Facilities: must be connected to waterlines for the kitchen sink, lavatory and bath tub and shower;
h. Window and Doors: reasonably weather tight, lockable, and rodent proof and shall be kept in good working condition and good repair;
i. Roof shall be maintained so as to not leak. This home has roof openings allowing rain water to enter the home; and
j. Home Walls, Ceiling, etc.: The aforementioned homes has not been maintained in good repair and is consider a blight to the neighborhood. Severe roof damage and floor damage due to weather elements entering the homes.
k. The structures do not have electricity connected and foundations show cracks and deterioration.
I. The structures have not been maintained in good, habitable repair and are a blight to the neighborhood.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF ATTICA, KANSAS, THAT:
1. The owner of such structure is hereby directed to commence the demolition of the structure on the property and complete said project within thirty (30} days from the date of publication of this resolution. Owner will have the demolition completed on or before the 1st day of May, 2025.
2. If the owner fails to completely demolish the structure, remove all building materials and fill the basement to grade within thirty {30} days from the date of publication of this resolution, the governing body will cause the structure to be razed and removed and the costs of razing and removing, less salvage if any, shall be collected in the manner provided by K.S.A. 12-1, 1115, and amendments thereto or shall be assessed as a special assessment against the lot or parcel of land upon which the structure is located or by both, all as provided by law.
3. The owner of such structure is hereby directed to propose to the City Council of the City of Attica a plan for the repair/reconstruction of the structure that meets with all requirements of the city code, state and federal regulations and meets with the approval of the City Building Inspector. Such plan shall be presented to the Council on or before the 19th day of February, 2025. A special council meeting may be held at such time and for such purpose. If accepted the owner shall have thirty {30} days to commence and finish repairs/reconstruction to the single-story structure.
4. If the owner fails to completely repair/reconstruct or demolish the structure, remove all building materials and fill the basement to grade within thirty (30} days from the date of the meeting, on the 23rd day of February, 2025, the governing body will cause the structure to be razed and removed and the costs of razing and removing, less salvage if any, shall be collected in the manner provided by K.S.A. 12-1, 1115, and amendments thereto or shall be assessed as a special assessment against the lot or parcel of land upon which the structure is located or by both, all as provided by law.
BE IT FURTHER RESOLVED, that the City Clerk shall cause this Resolution to be published once in the official city paper and mail a copy to the owners, agents, lienholders occupants, and other parties in interest.
Adopted this 5th day of February, 2025.
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ANGELA ALEXANDRA, Mayor
SEAL
ATTEST
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LORI RYAN, City Clerk
APPROVED AS TO FORM:
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BRIAN L. BINA,
CITY ATTORNEY
