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