Wilson Health Nuisance Resolution for 415-417 28th
(First Published in the Ellsworth County Independent/ Reporter, Thursday, March 24, 2022)
State of Kansas, Ellsworth County, City of Wilson:
RESOLUTION NO. 5-2022
Being a resolution Adopted by the Governing Body of the City of Wilson, Declaring as a Health Nuisance Conditions Existing on Private Property located within the City of Wilson, Ellsworth County, Kansas.
Whereas, The Board of Health inspected the following described tracts, to wit:
Block Thirteen (13) Lot Five (5) and Lot Six (6)
in the original City of Wilson, Ellsworth
County, Kansas, commonly referred to as
415-417 28th, and currently owned
by Sherry Cunningham.; and
Whereas, that said Board of Health declared the above described property contained:
(1) Old building materials, doors, and contents
that are piled in the yard must be hauled off
and removed that are a public nuisance
pursuant to Ordinance No. 638, 678, and 729
of the City of Wilson, Ellsworth County
Kansas; and
Whereas, a letter was sent with the described public health nuisances on the hereinbefore described property to the property owner Sherry Cunningham on December 27, 2021 to correct the condition of the property with thirty (30) days; and
Whereas, the property owner did not requested a hearing with the Governing Body of the City of Wilson, Ellsworth County, Kansas:
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the City of Wilson, Ellsworth County, Kansas, declares since there has not been sufficient progress to abate the nuisances that if the nuisances as previously declared by the Board of Health, in their original list of items to be abated are not abated, then 30 days after personal service of this resolution upon the owner, the governing body of the City of Wilson, Ellsworth County, Kansas, through its Board of Health, shall hire and contract that the nuisances will be removed from the premises, and that the cost incurred by the City of Wilson shall be charged against the lot or parcels of ground upon which the nuisance is located as provided in Ordinance No. 638, 678, and 729 of the City of Wilson, Ellsworth County Kansas; and
IT IS FURTHER RESOLVED, that a copy of this Resolution shall be served upon the owner in violation by personal service upon the person in violation; or certified mail return receipt requested; or in the event the whereabouts of such person is unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the Board of Health and filed with the City Clerk, and the serving of the resolution shall be made by publishing the same once each week for two (2) consecutive weeks in the Ellsworth County Independent/Reporter, the official City newspaper, and by posting a copy of this Resolution on the premises where such condition exists; and
BE IT FURTHER RESOLVED, that this resolution is adopted in its entirety by the governing body of the City of Wilson, Ellsworth County, Kansas, this 7th day of March, 2022.
Michael J. Peschka
Mayor
Attested:
Susan R. Kriley
City Clerk
2t 3/24, 3/31