Dangerous Structure, 104 W. Olds, Holyrood

(First Published in the Ellsworth County Independent-
Reporter, February 4, 2021)

ORDINANCE NO. 625
AN ORDINANCE AUTHORIZING AND DIRECTING
THE REMOVAL OF CERTAIN UNSAFE AND
DANGEROUS STRUCTURES LOCATED AT BLOCK 6, LOTS 13 – 16 IN THE MCDONALDS ADDITION, CITY
OF HOLYROOD, ELLSWORTH COUNTY, KANSAS, COMMONLY KNOWN AS 104 WEST OLDS, HOLYROOD, KANSAS; AUTHORIZING THE FINANCING OF THE COSTS OF SUCH REMOVAL BY THE SALE OF SALVAGE FROM SUCH STRUCTURE, IF ANY, AND/OR FROM THE GENERAL FUND OF THE CITY; AND, THE LEVYING OF SPECIAL ASSESSMENTS AGAINST THE LOTS OR
PARCELS OF LAND ON WHICH SUCH STRUCTURES ARE LOCATED.

WHEREAS, the governing body did after proper notice and hearing as provided by law make findings by Resolution No. 2020-003, dated the 21st day of December, 2020, that the structures hereinafter described are unsafe and dangerous and did direct the owner of such structures to repair or remove the same and make the premises safe and secure, together with a statement that if the owner failed to commence the repair or removal within the time fixed by such resolution or failed to diligently prosecute the same until the work was completed, the city would cause the structures to be razed and removed; and,    
WHEREAS, such resolution was published in the official city newspaper and copies of such resolution were mailed to each owner, agent, lienholder of record and occupant of such structures and all other parties having any legal or equitable interest in the property, or was otherwise served as required by law; and,
WHEREAS, the owner has wholly failed to diligently commence the repair or removal of said structures;
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HOLYROOD, KANSAS:
Section 1. The enforcing officer is hereby authorized and directed to cause the structures located at BLOCK 6, LOTS 13 – 16 IN THE MCDONALDS ADDITION, CITY OF HOLYROOD, ELLSWORTH COUNTY, KANSAS and commonly known and referred to as 104 WEST OLDS, HOLYROOD, KANSAS to be razed and removed and the premises made safe and secure, and for this purpose is authorized to invite bids, negotiate a contract, or cause the work to be done by city employees.
Section 2.  The enforcing officer shall keep an account of the costs of the work and may sell salvage from such structures and shall keep an account of the receipts therefrom as provided by law.
Section 3.  All costs incurred by the city in the razing and removal of such structures and the making of the premises safe and secure shall be paid from moneys received from the sale of salvage therefrom and all moneys in excess of that necessary to pay such cost shall, after the payment of all costs, be paid to the owner and the premises upon which said structures were located; PROVIDED, that if there is no salvage or if the proceeds received from the sale of salvage are insufficient to pay the costs of such work, such costs or any portion thereof in excess of the amount received from the sale of salvage shall be assessed as a special assessment against the lots or parcels of land on which the structures were located and may be financed until the assessment is paid out of the general fund of the city and/or may be pursued as a personal debt pursuant to the procedure allowed under K.S.A. 12-1,115 and any amendments thereto.
Section 4.  This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.
ADOPTED AND APPROVED by the Governing Body, this 1st day of February, 2021.

Brandon Koch
Mayor

(SEAL)

ATTEST:

Stephanie Petermann
City Clerk

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