RESOLUTION NO. 05-27-21D
A RESOLUTION IN THE CITY OF EDGERTON, KANSAS, PROVIDING FOR A DEADLINE OF
JUNE 21, 2021, TO RESTORE THE EXTERIOR CONDITON OF THE PROPERTY AT 1110
WEST 7TH STREET IN THE CITY OF EDGERTON, JOHNSON COUNTY, KANSAS PURSUANT
TO THE CITY OF EDGERTON CITY CODE, CHAPTER VIII, ARTICLE 3.
WHEREAS, on December 15, 2020 it was reported to the Development Services Director
of the City of Edgerton by Johnson County Fire District #1, that there had been a fire in the
residence located at 1110 W. 7th Street, Edgerton, Kansas (the “Property”), and the windows and
doors at the residence were damaged during the extinguishing of the fire; and
WHEREAS given the immediate hazard to the public of possible access to the property as
a result of the fire, the doors and windows at the Property were boarded up with plywood by the
City; and
WHEREAS, the owner of the Property, Mikkel Allenbrand, whose whereabouts are
unknown, has made no attempt to remedy or repair the exterior of the structure by repairing the
damaged windows and doors at the Property so that the residence could return to a habitable
condition; and
WHEREAS, pursuant to section 8-308 of the Edgerton Municipal Code it is unlawful for any
person to allow to exist on any residential premises an exterior condition that is deteriorated,
dilapidated, or unsightly; and
WHERAS, pursuant to Section 8-309 of the Edgerton City Code, notice was mailed and
posted on the Property providing the owner ten (10) days to either abate the violation or request
a hearing before the governing body to discuss the nuisance; and
WHEREAS, such notice was mailed to the Property owner and posted on the Property on
May 4, 2021. No actions were taken by the owner and the Property remains in violation on 8-
308; and
WHEREAS, pursuant to Section 8-311, as an alternative to prosecution the public officer
may seek to remedy the violations of this Article by presenting a resolution to the governing body
for adoption authorizing the public officer or other agents of the city to abate the conditions
causing the violation at the end of 10 days after passage of the resolution; and
WHEREAS, the resolution shall further provide that the costs incurred by the city shall be
charged against the lot or parcel of ground on which the nuisance was located as provided in
Section 8-314 of the Municipal Code; and
BE IT RESOLVED BY THE CITY COUNCIL, CITY OF EDGERTON, JOHNSON COUNTY,
KANSAS:
That pursuant to Section 8-308 of the Municipal Code, the City Council hereby finds that
the existence of plywood over doors and windows and the accompanying fire damage are
violations of the Municipal Code and the owner shall have until June 21, 2021 to abate this
violation, by restoring the windows and doors to an operational and safe condition. Should the
violation not be abated to the satisfaction of the City by June 21, 2021 the City of Edgerton by
its agent is hereby authorized to abate the conditions causing the violations and remove the
plywood, repairing the doors and windows so as to remove the deteriorated, dilapidated, or
unsightly exterior of the structure pursuant to 8-311. In addition, this resolution shall become
effective after publication once each week for two consecutive weeks in the official city newspaper
and by posting a copy of the resolution on the premises where this condition exists.
BE IT FURTHER RESOLVED:
That should it be necessary to abate these conditions, any and all costs incurred by the
City of Edgerton, Kansas, including attorneys’ fees, shall be charged against the above described
property as provided in Section 8-314, and the City Clerk shall, at the time of certifying other
taxes to the County Clerk, certify the costs of cleanup. The County Clerk shall extend the same
on the tax roll and it shall be collected by the County Treasurer and paid to the City of Edgerton
as other City taxes are collected and paid.
PASSED by the City Council on this 27th day of May, 2021.
APPROVED by the Mayor on this 27th day of May, 2021.
ATTEST:
______________________________ ______________________________
ALEXANDRIA CLOWER, CITY CLERK DONALD ROBERTS, MAYOR
APPROVED AS TO FORM:
________________________________
LEE W. HENDRICKS, CITY ATTORNEY
