City of Harper – Resolution No. 864-23

RESOLUTION NO. 864-23

A RESOLUTION FINDING THAT THE STRUCTURE LOCATED ON LOT 02 AND THE EAST HALF OF LOT 03 IN BLOCK 06 OF ORIGINAL ADDITION TO THE CITY OF HARPER, HARPER COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED TO AS 206 W. 7TH ST. HARPER, KANSAS, IS UNSAFE OR DANGEROUS AND DIRECTING THAT THE STRUCTURE BE REMOVED AND THE PREMISES MADE SAFE AND SECURE.

WHEREAS, the Enforcing Officer of the City of Harper, Kansas did on the 12th day of September, 2023, 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. 861-23 dated the 11th day of September, 2023, 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 of 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 No. 861-23 was published in the official city paper on the 14th and 21st days of September, 2023, and a copy of said resolution was served upon all persons entitled thereto as provided by law; and,

WHEREAS, on the 23rd day of October, 2023, the governing body did conduct the hearing scheduled in Resolution No. 861-23 and took evidence from the following: the enforcing officer on behalf of the city.  The following parties in interest failed to appear or appeared and did not present evidence: no owner or party of interest appeared on behalf of the property. 

NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HARPER, KANSAS, THAT:

1. The governing body hereby finds that the structure located on:

Lot 02 and the East half of Lot 03 in Block 06 of the original addition to the City of Harper, Harper County, Kansas

and commonly known and referred to as 206 W. 7th St., Harper, Kansas, 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 property within not later than the 1st day of January, 2024, and to have the removal completed not later than the 1st day of March, 2024.  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.

3.    If the owner fails to commence the removal of the structure within the time stated herein, or any additional time granted by the governing body, or fails to diligently prosecute the same until the work is completed, 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 of parcel of land upon which the structure is located or by both, all as provided by law.  

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 it 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 paper and mail a copy to the owner, agents, lienholders, occupants, and other parties in interest.

Adopted this 23rd day of October, 2023.

Scott Blubaugh, Mayor
(SEAL)
ATTEST:
Tiffany M. Hartson, City Clerk