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8.1 Levy Nuisance Abatements CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04/11/2011 4:00P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: 8 NO: BY: FINANCE AND ADMINISTRATION FINAL APPROVAL: ITEM NO:1 BY: Rod Franz BY: Page 1 ITEM: Ordinance No. 11-10598 First reading Ordinance No. 11-10598 levying special assessments against certain lots and pieces of property to pay the cost of abatement of nuisances. BACKGROUND: Throughout the year nuisance abatement notices are mailed to property owners notifying them that they must abate a nuisance (mowing, cleaning, and/or demolition) on their property within a specified amount of time, or the City would do the work and bill them for the cost. In those cases where the property owner does not choose to abate the nuisance, the city typically contracts to do so and sends a bill to the property owner. Property owners are told that if they do not pay the amounts due, it will be added to their taxes as a special assessment. Ordinance No. 11-10598 details the amounts remaining due by tract, and levies an assessment against their property. FISCAL IMPACT: Attached is a report showing all amounts billed, paid, and remaining due. The total amount billed was $32,167.83, of which $7,263.87 has been paid. The remaining amount to be assessed is $24,903.96. This certification covers all abatements that were finalized since the 2010 certification. RECOMMENDATION: Approve Ordinance No. 11-10598 on first reading. (Published in the Salina Journal on April __, 2011.) ORDINANCE NUMBER 11-10598 . AN ORDINANCE LEVYING SPECIAL ASSESSMENTS AGAINST CERTAIN LOTS AND PIECES OF PROPERTY TO PAY THE COST OF ABATEMENT OF NUISANCES ON CERTAIN LOTS AND PARTS OF LOTS AND THE PARKWAYS ABUTTING THEREON IN THE CITY OF SALINA, KANSAS. WHEREAS, the Code Enforcement Officer of the City of Salina, Kansas, caused to be notified the owner of the property herein described, to cause such nuisances to be removed; and WHEREAS, the owner of the property hereinafter described, after proper notice, did not remove such nuisance in accordance with Section 24-5 of the Salina Code, and the cost thereof has SO NOW, THEREFORE been ascertained, BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That there be and there is hereby levied and assessed against the lots and pieces of property hereinafter described, an assessment for the purpose of paying the cost of removal of such nuisances, taxable against the followings described lots in the amount set opposite of said lots: Tract # Legal Description Total Cost 2055 Lot 32, Block 25, Episcopal Military Institute Addition $327.00 2148 Lot 6 & N½ of Lot 4, Block 21, Episcopal Military Institute Addition $139.00 2478 S½ E 100’ Lot 9, Block 1, Tucker Park Addition $168.62 2487 Lot 23, Reimold's Addition $1,295.96 2596 Lot 19, Block 42 plus 10' vacated street, Military Addition $174.00 2695 Lot 1, Block 31, Military Addition $320.25 2699 Lot 10, Block 31, Military Addition $188.00 2744 Lots 9 and 11, except that part of said Lots taken for U. S. Highway No. 81 By-$174.50 pass; and also all of Lots 13, 15, 17 and 19, all in Block 10 in Pacific Addition to the City of Salina, Saline County, KS, excepting a tract described as follows: The East 30’ of the part of Lot 9, in Block Ten 10 in Pacific Addition 2830 Lot 25, Block 17, Pacific Addition $139.00 2897 Lot 13, Block 2, Crowthers Addition $200.00 3429 N 100’ of Lot 7 on Park Street, Wilson Addition $230.00 3555 N½ of the N½ of Lot 25 and the N½ of the N½ of the E 40’ of Lot 26 on Ash $225.23 Street, University Addition 3779 Lot 21, Block 3, Woodland Addition $163.00 3809 Lot 5, Block 7, Woodland Addition $156.50 4049 S 10' of Lot 91 and the N 40' of Lot 93, 2nd Street, Original Town to City of $933.05 Salina, Saline County, KS 4144 Lot 20, Block 1, Riverside Park Addition $201.50 4199 N 45’ of the W 65’ of Lot 5, Block 3, Riverside Park Addition $379.00 4355 Lot 5, Block 7, Riverside Park Addition $134.00 5007 W 60' of E 125' of Lot 4, Block 6, Oakdale Addition $213.50 5278 S 10’ of Lots 95 and 97, 2nd Street, Original Town of Salina $201.50 5877 Lot 4 and the E 55’ of Lot 7, Block 2, Santa Fe Park Addition $327.00 5939 S 37.5’ of Lot 22, all of Lot 23, Block 1, Santa Fe Park Addition $168.65 6265 Lot 25 on University Place, University Addition $202.18 6271 N 120’ of Lot 1 and the N 120’ of the E 25’ of Lot 2 on Iron Avenue, University $174.00 Addition 6456 Lot 17, Surveyor's Plat A $188.00 6967 Lot 3, Block 4, West Haven First Addition $468.75 6984 Lot 13, Block 3, West Haven First Addition $131.25 7097 A tract of land situated in the SW¼ of Section 14, Township 14, Range 3 West of $5,845.54 the 6th P.M., Saline County, KS, which is more particularly described as follows: Commencing at a point 979.5’ N of the N line of W Crawford St and 150’ E of the E line of S Broadway; thence E along the S line of the John Deer property, 709’ to the W line of Missouri Pacific r-o-w; thence S along said r-o-w, 229.5’; thence W along Old County Yard property line, 425’, more or less; thence S along Old County Yard line 550’; thence W 284’; thence N 779.5’ to the POB (more commonly known as Patio Mobile Home Park, 1200 W Crawford) 7143 W 113' of S½ of Lot 15, Block 1, Morrison's Addition $139.00 7258 The S 35’ of the N 40’ of Lot 6, Block 3, Morrison's Second Addition $512.53 7514 Lot 6, Block 2, Morrison’s Replat of Part of Replat of Part of Morrison’s 3rd $310.65 Addition, East of 10th Street 7514 Lot 6, and the S 40’ of Lots 4 & 5, Block 2, Morrison's Replat of Part of $139.00 Morrison's 3rd Addition, East of 10th Street 7520 Lot 4, Replat of Block 5, South Park Addition $163.00 7558 E½ of Lot 3, Block 4, South Park Addition $229.80 7677 E½ 50’ of W 100’ of Lot 1, Block 11, South Park Addition $161.00 8313 Lot 20, Block 17, Southern Heights Addition $173.00 8401 Lot 23, Block 21, Southern Heights Addition $139.00 8811 Lot 19, Block 7, Sunset Manor Addition $131.00 9214 Lot 6, Block 6, Likins-Foster Addition $185.00 9247 Lot 29, Block 6, Likins-Foster Addition $245.36 9520 Lot 12, Bel Air Addition $413.13 10290 Lot 10, Block 1, Morningside Addition $495.05 10486 Lot 43, Replat of Block 3, Bond's Addition $174.50 10697 Lot 3, Block 27, Hutchinson's Addition $131.00 10854 Lot 8, Block 5, Hutchinson's Addition except all that part of said Lot 8 lying $1202.26 south and west of a line drawn from the NW corner of said lot to a point on the south line of said lot 31.4’ W of the SW corner 10948 E 37.5’ of Lots 1 & 3 and the E 37.5’ of the N 7.5’ of Lot 5, Block 13, Bond's $367.30 Addition 10971 W 48’ of the E 265’ of Lot 6, Surveyor's Plat E $247.00 11412 Lots 1, 3 & 5, plus 7.5' vacated alley on Jewell Avenue, Grounds of Kansas $161.00 Wesleyan University an Addition 11762 Lot 13, Block 1, Bailey Heights Addition $344.50 12981 Lot 6 less the N 70’ thereof, Block 6, in Blocks 1 to 6 inclusive in Meadowlark $626.00 Acres 13343 Lot 35. Block 14, Belmont Addition $230.00 13934 Lot 6, Block 2, Ingermanson Heights Addition $168.65 14027 Lot 3, Block 1, Ingermanson Heights 2nd Addition $473.00 14039 Lot 4 except the N 1’ thereof, plus the NW 2’ of Lot 5, Block 7 Ingermanson $630.76 Heights 2nd Addition 14291 $689.25 Beginning at the NE corner of Lot 1, Block 1, LAMBERTZ Addition; thence with an assumed bearing S00º17’43” (platted as S00º13’27”W) along the E line of said Lot 1 for a distance of 70.54’; thence N90º00’00”W a distance of 256.55’; thence S00º00’00”E 92.29’; thence following the arc of a curve to the right having a radius of 225.00’ Southwesterly through an arc length of 73.42’ (chord bears S09º20’54”W 73.10’); thence following the arc of a curve to the left having a radius of 275’ Southwesterly through an arc length of 89.74’ (chord bears S09º20’54”W 89.3’); thence S00º00’00”E 90.69’; thence N90º00’00”W 139.61’; thence N00º00’00”E 68.25’; thence S90º00’00”W 104’; thence N00º00’00”E 33.87’; thence N90º00’00”W 184’; thence S00º00’00”W 8’; thence N90º00’00”W 207.27’ to the West line of said Lot 1; thence Northwesterly along the West line of said Lot 1 along a curve to the left having a radius of 5,879.65’ through an arc length of 320.09’ (chord bears N6º48’25”W 320.05’) to the NW corner of said Lot 1; thence N89º53’15”E along the N line of said Lot 1 a distance of 955.39’ to the point of beginning containing 5.658 Acres subject to any easement of record. Being a part of: Lot 1, Block 1, Replat of Lambertz Addition 14716 East 61 feet of Lot 7 & the West 9 feet of Lot 8, Block 5, Key Acres Addition $173.00 14856 Lot 1, Block 29, Key Acres Addition (according to the corrected plat) $362.00 16697 Lot 5, Block 3, Georgetown Addition $156.50 17047 Lot 14 and South Half of Lot 12, Block 5, Phillips East Salina Addition $139.00 17320 Lot 12, Block 5, Stack Place Addition $190.40 26703 All of Lot 9 & Part of Lots 7 and 11 on 7th Street, Lot 1 and Part of Lots 6, 8, $202.16 and 12 on Santa Fe Avenue, plus part of vacated 7th Street and Alley 29465 Lots 3 & 4, Block 1, Briargate Addition, a replat of Block 7, Mariposa Addition $323.37 29646 Lot 20, Block 6, Eastview Estates Addition, less the following described tract: $144.50 eginning at the SW corner of said Lot 20; thence N along the W line of said lot b on an assumed bearing of N01º00’19”W a distance of 100.09’ to the NW corner of said lot, thence 90º00’00”E along the N line of said lot a distance of 70.68’; thence S00º0’00”W a distance of 25’; thence S90º00’00”E a distance of 5’; thence S00º00’00”W a distance of 74.99’ feet to the S line of said lot; thence S89º55’51”W a distance of 73.93’to the point of beginning 30428 Lot 5, Block 2, Quail Meadows Estates Addition $188.69 30762 Lot 26 on Walnut Street, Phillips 3rd Addition $168.62 30857 Lo 1, Block 2, Replat of Lambertz Addition $505.00 Section 2. That the City Clerk is hereby directed and authorized to immediately certify the assessments made in Section 1 of this ordinance to the County Clerk of Saline County, Kansas, to be placed upon the tax roll for collection subject to the same penalties and collected in like manner as other taxes. Section 3. That this ordinance shall be in full effect from and after its adoption and publication once in the official city newspaper. Introduced: April 11, 2011 Passed: April 18, 2011 [SEAL] Aaron G. Peck, Mayor ATTEST: Lieu Ann Elsey, CMC, City Clerk