5.1 Dangerous StructureCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
6 -06 -11 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 5 AGENDA:
Development Services,
ITEM Building Services Division
NO: 1
Page 1 BY: Gary Hobbie BY:
ITEM: Resolution No. 11 -6830
Public hearing to consider adoption of Resolution No. 11 -6830, providing for repair or removal of a
dangerous structure located at 509 S. 11th, Salina, Kansas, under the 1997 Uniform Code for the
Abatement of Dangerous Structures (UCADS) and Kansas Statutes Annotated (K.S.A.) Sections 12 -1750
through 12- 1756f.
BACKGROUND:
The division of Building Services is responsible for ensuring all property in the city of Salina meets various
building codes and does not pose a risk to the general public. To meet this goal, staff responds to
customer service requests regarding possible dangerous structures; as well as, self- initiated inspections
when a structure presents a clear danger to the public. An inspection of the property is completed using
criteria listed in the 1997 UCADS Section 302. (See Exhibit A, 509 S. 11t , Dangerous Structures
Inspection Checklist)
When staff determines that a structure is dangerous, formal contact is made (via a Violation Notice) with
the property owner to review staff findings and require that the property owner improve the condition of
the structure or demolish it. (See Exhibit B, Violation Notice)
Frequently, owners complete the required improvements and the structure is removed from the dangerous
structure category. However in some cases, sufficient improvements are not made and the building
official must take the required legal action in order for the abatement of the structure.
K.S.A. 12- 1750 -1756f provides the procedures by which municipalities may repair or demolish unsafe or
dangerous structures and abandoned property in the event that compliance is not achieved. In summary,
those procedures are as follows:
• Upon receipt of a written statement from the building official advising that a structure is unsafe,
dangerous or abandoned, the City Commission shall, by resolution, schedule a public hearing at
which time interested parties may appear and show cause why the structure should not be
condemned and ordered repaired or demolished pursuant to state statutes and the UCADS. (See
Exhibit C, Building Official's Request for Condemnation.)
• Resolution setting the hearing is to be published for two consecutive weeks on the same day of the
week at least 30 days prior to the hearing.
• A public hearing notice and a copy of the resolution is mailed by certified mail to the property
owner. (See Exhibit D, Letter)
• The City Commission conducts the public hearing allowing all evidence submitted by the interested
parties and the building official to be reviewed. Upon closing of the public hearing, the City
Commission shall determine whether or not it is unsafe or dangerous. If it is determined to be a
dangerous structure, the governing body shall adopt a resolution directing that it be repaired or
removed (demolished) and the premises made safe and secure. Further, if it is found that a
structure is abandoned property, in certain circumstances, the City Commission may authorize the
rehabilitation of the property as further provided by K.S.A. 12 -1756a — 12- 1756f. This resolution
must be published in the city's official newspaper and a copy mailed to parties of interest.
• The resolution shall fix a reasonable time (usually 45 days) within which repairs or demolition of
such structure shall be commenced and state that if the owner fails to commence repair or removal
of such structure or "fails to diligently prosecute" the same until the work is completed, the City
Commission will cause the structure to be repaired, demolished, or rehabilitated.
AGENDA SECTION
NO:
ITEM
NO:
Page 2
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION
ORIGINATING DEPARTMENT:
Development Services,
Building Services Division
DATE TIME
6 -06 -11 4:00 P.M.
APPROVED FOR
AGENDA:
BY: Gary Hobbie I BY:
In the event that it is necessary for the City to repair, demolish or rehabilitate a structure, state law
provides a process by which the City may sell any salvage from the structure, and apply the
proceeds against the City's incurred costs (including costs of publication and postage). Further,
the City may keep an account of the costs in excess of salvage and provide notice to the Parties of
Interest that such costs must be paid within 30 days of notification. In the case of 509 S. 11th, the
City of Salina is in possession of fire insurance proceeds in the amount of $10,130.72. Those
proceeds will be used to pay for the cost of demolition.
In the event that the Parties of Interest fail to make payment and the salvage value is insufficient to
reimburse the City's costs, payment is pursued by making a special assessment against the land
on which the structure was located; the City can bring an action in district court for payment of a
personal debt, if the amount remains unpaid for one year. In addition, Kansas Statutes provides a
process by which cities can finance unpaid costs through the general fund or by the issuance of
no -fund warrants.
K.S.A. also provides processes by which: 1). a building official may proceed without prior notice or
hearing in the event of immediate hazard; 2). an organization may file a petition in district court for
an order of temporary possession of abandoned property in order to rehabilitate the property as
low or moderate income housing.
Timeline Summary- Events, Actions, Communications:
2 -13 -11 Fire at 509 S. 11th, Fire Department notified Building Services Division
2 -14 -11 Initial post -fire inspection performed by Building Services
2 -14 -11 Initial contact letter sent regular mail to property owner, Dalton Holzmeister
2 -16 -11 Dalton Holzmeister, property owner, called Building Services office in response to letter
sent on 2 -14. He said he is thinking of selling house "as is" and inquired about insurance
proceeds.
2 -18 -11 Dangerous Structures assessment performed by building inspector/ Report completed.
2 -18 -11 Violation Notice sent certified to property owner, Dalton Holzmeister (no response from
property owner by April 4, 2011 deadline)
4 -6 -11 Insurance proceeds check received by City of Salina, Finance Dept.
4 -25 -11 City Commission adopts Resolution 11 -6822 setting public hearing date
4 -29 -11 First publication of Resolution 11 -6822 (verified)
4 -29 -11 Mailed (certified mail- restricted delivery) public hearing notice with copy of resolution to
property owner (no response from property owner)
5 -6 -11 Second publication of Resolution 11 -6822 (verified)
6 -2 -11 Site visit performed by building inspector to confirm current condition of property. The
condition remains the same as it was in February.
FISCAL NOTE:
The costs incurred to date by the City have been related to investigation, inspection, document
preparation, and certified mailings. If the City Commission takes action to order abatement and the
property owners do not meet code compliance within the specified time period the City will also incur
costs to demolish or repair the structure.
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
6 -06 -11 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: APPROVED FOR
NO: 5 AGENDA:
Development Services,
ITEM Building Services Division
NO: 1
Page 3 BY: Gary Hobbie BY:
Insurance proceeds, being held by the City of Salina for 509 S. 11th, are in the amount of $10,130.72.
Those proceeds will be used to pay for the demolition. If the insurance proceeds do not completely pay
the abatement costs, the City will attempt to recover the balance of abatement expenses by allowing the
property owners and /or lien holder to pay the cost of the abatement and all administrative fees to the City
Clerk's Office within 30 days of invoicing. If no payment is received, the charges will be certified to the
Saline County Clerk and placed on the 2012 property tax rolls.
CONFORMANCE WITH STRATEGIC PLAN:
Goal #1: The city will create a community of mixed use, quality development and redevelopment.
Goal #4: The city will maintain growth and development policies that are updated to reflect current
conditions and desired growth direction.
COMMISSION ACTION:
Staff has identified the following alternatives for the Commission's consideration:
1. Approve Resolution No. 11 -6830 directing the owners to repair or demolish (and remove) the
structure at 509 S. 11th by July 21, 2011 and authorizing staff to proceed with demolition or repair
in the event said owner fails to comply.
2. Postpone consideration of Resolution No. 11 -6830 pending additional information needed, as
directed by the Commission.
3. Decline to approve Resolution No. 11 -6830 providing for repair or removal of this dangerous
structure.
Exhibit A - Resolution No. 11 -6830
DANGEROUS STRUCTURES INSPECTION CHECKLIST
DATE: 2/18/11 ADDRESS: 509 S. 11th
LEGAL DESCRIPTION: South 48' of lots 1,2 and 3, Block 5, Morrisons Third Addition
PROPERTY OWNER'S NAME & ADDRESS: Dalton Holzmeister, 333W. Jewell, Salina, Kansas
BUILDING INSPECTOR: Ron Michaelsen
Sec. 302. For the purpose of this code, any building or structure which has any or all of the conditions or defects
hereinafter described shall be deemed to be a dangerous building, provided that such conditions or defects exist
to the extent that the life, health, property or safety of the public or its occupants are endangered: (answer yes or
no to each item)
x 1. Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or
size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
x 2. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so
warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in
case of fire or panic.
x 3. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, if
more than one and one half times the working stress or stresses allow in the Building Code for new
buildings of similar structure, purpose or location.
x 4. Whenever any portion thereof has been damaged by fire, earthquake, wind, floor or by any other
cause, to such an extent that the structural strength or stability thereof is materially less than it was before
such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar
structure, purpose or location.
x 5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or
dislodged, or to collapse and thereby injure persons or damage property.
6. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior
there is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as
to be capable of resisting a wind pressure of one half of that specified in the Building Code for new
buildings of similar structure, purpose or location without exceeding the working stresses permitted in
the Building Code for such buildings.
X 7. Whenever any portion there has wrecked, warped, buckled or settled to such an extent that walls or
other structural portions have materially less resistance to winds or earthquakes than is required in the
case of similar new construction.
8. Whenever the building or structure, or any portion thereof, because of (i) dilapidation, deterioration
or decay; (ii) faulty construction; (iii) the removal, movement or instability of any portion of the ground
necessary for the purpose of supporting such building; (iv) the deterioration, decay or inadequacy of its
foundation; or (v) any other cause, is likely to partially or completely collapse.
9. Whenever, for any reason, the building or structure, or any portion there, is manifestly unsafe for
the purpose for which it is being use. Vacant and unfit for human habitation
10. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an
extent that a plumb line passing through the center of gravity does not fall inside the middle one third of
the base.
x 11. Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage
or deterioration of its supporting member or members, or 50 percent damage or deterioration of its non-
supporting members, enclosing or outside walls or coverings.
12. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has
become so dilapidated or deteriorated as to become (i) an attractive nuisance to children; (ii) a harbor
for vagrants, criminals or immoral persons; or as to (iii) enable persons to resort thereto for the purpose
of committing unlawful or immoral acts.
13. Whenever any building or structure has been constructed, exists or is maintained in violation of any
specific requirement or prohibition applicable to such building or structure provided by the building
regulations of this jurisdiction, as specified in the Building Code or Housing Code, or of any law or
ordinance of this state or jurisdiction relating to the condition, location or structure of buildings.
M
14. Whenever any building or structure which, whether or not erected in accordance with all applicable
laws and ordinances, has in any non - supporting part, member or portion less than 50 percent, or in any
supporting part, member or portion less than 66 percent of the (i) strength, (ii) fire - resisting qualities or
characteristics, or (iii) weather - resisting qualities or characteristics required bylaw in the case of a
newly constructed building of like area, height and occupancy in the same location.
15. Whenever a building or structure, used or intended to be used for dwelling purposes, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate
light, air or sanitation facilities, or otherwise, is determined by the health officer to be unsanitary, unfit
for human habitation or in such a condition that is likely to cause sickness or disease.
16. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration,
damage, inadequate exists, lack of sufficient fire - resistive construction, faulty electric wiring, gas
connections or heating apparatus, or other cause.
x 17. Whenever any building or structure is in such a condition as to constitute a public nuisance known
to the common law or in equity jurisprudence
DAMAGED MATERIALS LEFT ON PROPERTY
SOME OPENING UNSECURED AND SOME FIRE
18. Whenever any portion of a building or structure remains on a site after the demolition or destruction
of the building or structure or whenever any building or structure is abandoned for a period in excess of
six months so as to constitute such building or portion thereof an attractice nuisance or hazard to the
public.
Additional Comments /Indicate Number:
—1. Rear porch and addition 100 per cent destroyed. Roof framing and covereing 50 percen t
destroyed. #1,2,3,4,5,7,14, and 17.
2.Some openings unsecured and some fire damaged materials still remain on property.
[R►aF
Division of Building Services — Dept. of Development Services
City- County Building ♦ Rm. 201 ♦ 300 West Ash Street
P.O. Box 736 ♦ Salina, Kansas 67402 -0736
TELEPHONE (785) 309 -5715 FAX (785) 309 -5713
Email: build ing.services @salina.org
Notice and Order to Abate Danaerous Buildin
Date: February 18, 2011 Exhibit B
To Owner: Dalton Holzmeister Resolution No. 11 -6830
Mailing Address: 333 W. Jewell Street, Salina, Kansas 67401
Property Location: 509 S. 11th Street
Parcel ID Number: 086- 14- 0- 40 -15- 006.00 -0 -01/01
Legal Description: South Forty Eight (48) feet, Lots One (1), Two (2) and Three(3), Block Five (5) ,
Morrison's Third Addition to the City of Salina, Saline County, Kansas.
Violation: Maintaining a structure in non - compliance to Salina Municipal Code Section(s) 18 -7 "Every dwelling
and every part thereof shall be maintained in good repair by the owner or agent and shall be fit for human
habitation....All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls and ceilings
shall be kept in good repair and good usable condition. "; and
Pursuant to Section 302 of the 1997 Uniform Code for Abatement of Dangerous Buildings, as adopted by
Ordinance 04 -10208 and referenced in Chapter 8 Section 8 -201 of the Salina Municipal Code, the Building
Official has determined that the single family dwelling located at 509 S. 11th is a dangerous building and must be
demolished. A dangerous structures assessment, based on Section 302, #1 through #18, was performed on
February 18, 2011. However access to the interior was not provided so inspection of only the exterior was
performed. Findings are as follows:
• Section 302, #1. Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire
or panic.
Finding: The rear addition and porch are 100% damaged. The house in unfit for human habitation.
Section 302, #.3. Whenever the stress in any materials, member or portion thereof due to all dead and
live loads, if more than one and one half times he working stress or stresses allowed in the Building Code
for new buildings of similar structure, purpose or location.
Finding: The rear addition and porch are 100% damaged and the roof structure and covering are
approximately 50% damaged
Section 302, # 4. Whenever any portion thereof has been damaged by fire, earthquake, and wind. Flood
or by any other cause, to such an extent that the structural strength or stability thereof is materially less
than it was before such catastrophe and is less than the minimum requirements of the Building Code for
new buildings of similar structure, purpose or location.
Finding: The rear addition and porch are 100% damaged and the roof structure and covering are
approximately 50% damaged
• Section 302, #5. Whenever any portion or member or appurtenance thereof is likely to fail, or to become
detached or dislodged or to collapse and thereby injure persons or damage property.
Finding: The rear addition and porch are 100% damaged and the roof structure and covering are
approximately 50 % damaged. Increase in roof load by either snow or wind might cause roof collapse.
• Section 302, #7. Whenever any portion there has wrecked, warped, buckled or settled to such an extent
Page 1 of 3, 509 S. 11th
that walls or other structural portions have materially less resistance to winds or earthquakes that is
required in the case of similar new construction.
Finding: The rear addition and porch have been 100% destroyed by the fire. The fire had spread to the
main floor joist and the damage can't be determined at this time. The roof and portion of the second floor
have been damaged unto 50 %.
Section 302. #14. Whenever any building or structure which, whether or not erected in accordance with
all applicable laws and ordinances, has in any non - supporting part, member or portion less than 50
percent, or I any supporting part, member or portion less that 66 percent of the (i) strength, (ii) fire -
resisting qualities or characteristics, or (ii) weather - resisting qualities or characteristics required by law in
the case of a newly constructed building of like area , height and occupancy in the same location.
Finding: The rear addition and porch have been 100% destroyed by the fire. The fire had spread to the
main floor joist and the damage can't be determined at this time. The roof and portion of the second floor
have been damaged unto 50 %.
• Section 302, #17. Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
Finding: House has been vacant for more than six months resulting in a condition that is an attractive
nuisance. The house still has unsecured openings and some fire damaged materials remain on site and
not cleaned up.
Action to be taken as determined by the Building Official:
1. On or before February 25, 2011 — Remove all fire damaged materials from the site; secure all openings
into the building.
2. On or before March 4, 2011 —Apply for and obtain for a permit to demolish the building. In addition to all
application submittal requirements, a City of Salina licensed contractor, specifically Class A, B, C or
specialty demolition, shall be declared on the permit and shall perform the demolition. The licensed
contractor may apply for the appropriate permit on behalf of the owner of the property.
3. On or before April 4, 2011 — Complete demolition of building and obtain all required and approved
inspections.
4. In Addition — From the date of this notice until the completion of demolition the building shall remain
vacant.
You are hereby ordered to abate the dangerous building on or before the above indicated expiration dates or
time periods. If any required demolition work is not commenced within the time specified, the building official
(i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii)
may proceed to cause the dangerous building to be abated by demolition in the manner provided by K.S.A.
12 -1750 et.al and the 1997 Uniform Code for the Abatement of Dangerous Buildings. The cost of such
abatement shall be assessed and charged against the lot or parcel, or shall be collected as a personal debt of
the property owner in the manner provided by K.S.A. 12- 1,115, or both. In addition to or in lieu of the city
abating the dangerous building the City Prosecutor may file charges in Municipal Court.
Any person having any record title or legal interest in the building may appeal this notice and order or any
action of the building official to the Board of Appeals, provided the appeal is made in writing as provided in the
1997 Uniform Code for the Abatement of Dangerous Buildings and filed with the building official at the
Building Services Dept., Room 201, City- County Building, Salina, Kansas, within 30 days from the date of
service of this notice and order. Failure to appeal will constitute waiver of all right to an administrative hearing
and determination of the matter.
Please contact the person listed below at 785 - 309 -5715, if you have questions regarding this violation.
(Signature)
Ron Michaelsen
Building Services Inspector
Page 2 of 3, 509 S. 11th
Exhibit C - Resolution No. 11 -6830
Division of Building Services Cay°E TELEPHONE - (785) 309 -5715
City- County Building, Room 201 FAX - (785) 309 -5713
300 West Ash - P.O. Box 736 E -MAIL - building.servicesasalina.org
Salina, Kansas 67402 -0736 WEBSITE - www.salina- ks.gov
Building Official's Request for Condemnation
Under the 1997 Uniform Code for the Abatement of
Dangerous Structures (UCADS)
The City of Salina Building Services Division has determined that the following structure is dangerous
and unsafe as defined by the City of Salina Ordinances and Kansas Statutes Annotated.
Building Description: Single Family Dwelling
Location /Address: 509 S. 11 th
Legal Description: South Forty Eight (48) feet, Lots One (1), Two (2) and Three(3), Block Five (5)
Morrison's Third Addition to the City of Salina, Saline County, Kansas.
Occupancy Status: Vacant (not habitable due to extensive fire damage)
Appraised value of the structure - $55,490.00 (per Saline Co. Appraiser's office as 4- 13 -11)
Taxes: Taxes are current; 2nd half due May 10, 2011
Subject property is a single family dwelling that was extensively damaged by fire on February 13,
2011. Because of the structural damage this home is no longer habitable. Building Services staff
performed a post fire inspection on February 14, 2011 followed by a letter sent to the property owner
informing him of the code requirements regarding renovation or demolition of this structure. There
have also been several conversations between the owner and Building Services staff as well as the
insurance adjuster and Building Services staff. A formal notice of violation was issued on February
28, 2011, which included findings based on the criteria listed in the 1997 Uniform Code for the
Abatement of Dangerous Structures, Chapter 3 Section 302. The findings are:
• Section 302, #1. Whenever any door, aisle, passageway, stairway or other means of exit is not of
sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of
fire or panic.
Finding: The rear addition and porch are 100% damaged; the house in unfit for human habitation.
• Section 302, #.3. Whenever the stress in any materials, member or portion thereof due to all dead
and live loads, if more than one and one half times he working stress or stresses allowed in the
Building Code for new buildings of similar structure, purpose or location.
Finding: The rear addition and porch are 100% damaged and the roof structure and covering are
approximately 50% damaged.
• Section 302, # 4. Whenever any portion thereof has been damaged by fire, earthquake, and wind.
Flood or by any other cause, to such an extent that the structural strength or stability thereof is
materially less than it was before such catastrophe and is less than the minimum requirements of the
Building Code for new buildings of similar structure, purpose or location.
Finding: The rear addition and porch are 100% damaged and the roof structure and covering are
approximately 50% damaged.
• Section 302, #5. Whenever any portion or member or appurtenance thereof is likely to fail, or to
become detached or dislodged or to collapse and thereby injure persons or damage property.
Finding: The rear addition and porch are 100% damaged and the roof structure and covering are
approximately 50 % damaged. Increase in roof load by either snow or wind might cause roof collapse.
• Section 302, #7. Whenever any portion there has wrecked, warped, buckled or settled to such an
extent that walls or other structural portions have materially less resistance to winds or earthquakes
that is required in the case of similar new construction.
Page 1 of 3 509S. 11th Resolution No. 11 -6822
Finding: The rear addition and porch have been 100% destroyed by the fire. The fire had spread to
the main floor joist and the damage can't be determined at this time. The roof and portion of the
second floor have been damaged unto 50 %.
• Section 302. #14. Whenever any building or structure which, whether or not erected in accordance
with all applicable laws and ordinances, has in any non - supporting part, member or portion less than
50 percent, or I any supporting part, member or portion less that 66 percent of the (i) strength, (ii) fire -
resisting qualities or characteristics, or (ii) weather - resisting qualities or characteristics required by law
in the case of a newly constructed building of like area , height and occupancy in the same location.
Finding: The rear addition and porch have been 100% destroyed by the fire. The fire had spread to
the main floor joist and the damage can't be determined at this time. The roof and portion of the
second floor have been damaged unto 50%
• Section 302, #17. Whenever any building or structure is in such a condition as to constitute a public
nuisance known to the common law or in equity jurisprudence.
Finding: House has been vacant for more than six months resulting in a condition that is an
attractive nuisance. The house still has unsecured openings and some fire damaged materials remain
on site and not cleaned up
I
Page 2 of 3 509 S. 1 I" Resolution No. 11 -6822
It has been determined that the structure, located at 509 S. 11th in Salina, Kansas, is dangerous and
should be ordered repaired or demolished pursuant to K.S.A. 12 -1752.
Gary Hobbie, Director
Community and Development Services
Acting Building Official
Page 3 of 3 509 S. 1 I" Resolution No. 11 -6822
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EXhi b; t .D - Resolkfivy) No. 11 -6830
RESOLUTION NUMBER 11 -6822
A RESOLUTION FIXING A TIME AND PLACE TO APPEAR TO SHOW
CAUSE WHY CERTAIN A STRUCTURE SHOULD NOT BE CONDEMNED AND
ORDERED REPAIRED OR DEMOLISHED.
WHEREAS, THE Building Official has filed with the Governing Body a written
statement that a certain structure located upon the following described parcel of real estate is
unsafe or dangerous:
ADDRESS AND LEGAL DESCRIPTION
509S. 11`h Street
South Forty Eight (48) feet, Lots One (1),
Two (2) and Three (3), Block Five (5),
Morrison's Third Addition to the City of Salina,
Saline County, Kansas.
TYPE OF BUILDING
Single Family Dwelling
SO NOW, THEREFORE, BE IT RESOLVED by the Governing Body of the City of
Salina, Kansas:
Section 1. That pursuant to K.S.A. 12 -1752, the owner, the owner's agent, any lien
holders of record and any occupant of the structure described above may appear and show
cause why such structure should not be condemned and ordered repairs or demolished at
4:00 P.M. on June 6, 2011 in the City Commission Meeting Room, Room 107, City- county
Building, 300 West Ash Street, Salina, Kansas.
Section 2. This resolution shall be in full force and effect from and after its adoption by
the Governing body and the City Clerk shall cause it to be published once each week for two
consecutive weeks on the same day of each week as required by K.S.A. 12 -1752. shall cause it
to be published once in the official city newspaper as required by K.S.A. 12 -1753.
Adopted by the Board of Commissioners and signed e Ma r this 25 "' day of April,
2011.
Samantha P. gell, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Cork
I hereby certify that the above and foregoing is a true
and correct copy of Resolution No. 11 -6822 that was
adopted by the Governing Body of the City of Salina
at their regular meeting on April 25, 2011.
�ZH OFSe.
GM
p i
Lieu Ann Elsey, CMC, City lerk 187 -°
Development Services ^�;�'' TELEPHONE (785)309'5715
Building Services, Room 201 FAX (785)30Q-5713
City-County Building ��L , TDD (785) 30Q'5747
300 West Ash ' PO. Box 73S E-MAIL -
Salina, Kansas 57402-0736 Salina VVEBS\TE '
PUBLIC HEARING NOTICE
DANGEROUS STRUCTURE
O8b0OH0lz0HiSter
333VV.Jewell
Salina, KS 67401
Dear Mr. Holzmeister:
C>O April 35,3U11 the Salina City Commission adopted Resolution 11-O822 setting 8 date for Gpublic
heGhOQ to allow you to appear and ShOvv cause why the structure described b8\OVV should not be
condemned and ordered repaired or demolished pursuant to Kansas Statutes Annotated Sections 12-
175O-1750f, and the 1QS7 Uniform Code for the Abatement Of Dangerous Structures. Th8StnuC[Une/S
commonly referred to8a509 S'11"' Street, Salina, Kansas; and islegally described as the South
Forty Eight (48) feet, Lots One (1), Two (2) and 7[hnee(3), Block Five (5),K8orrison'sThird Addition
to the City of Salina, Saline County, Kansas
PUBLIC HEARING IS SCHEDULED FOR:
Monday, June 6° 2011 at 4:00 p.m. in Room 107
City-County Building at 300 W. Ash St., Salina, Kansas.
If you wish to avoid mention of this structure or any of the known owners, heirs, or interested parties at
the public hearing you nOUSt take D8CeSS8ry 8CLi0n h3 meet the code abatement requirements of the
violation notice dated February 2O.2011 which would include substantial completion Df all repairs Orfull
C00p|eUOD of demolition by June 1, 2011. This 8CUOD vvOU|d include obtaining the required permits,
hiring licensed ContngCt0rS. communicating with the Building GerViC8S staff, establishing G timeline and
signing G compliance agreement.
If you begin repairs or demolition, but do not substantially complete the work prior to June 1, 2011 the
public hearing will proceed as scheduled on June 6, 2011. You can appear at the hearing if you wish. If
the City C0DlDliGSi0O C0OderODS the SLR]{tUn8 you will be 8U0vved approximately 45 days to C0Dlp/eke
repairs or demolition as ordered by the City Commission.
If you do nothing prior to JUDS 1. 2011 the public h0GhDg will proceed GS scheduled on June 6. 2011.
You can appear 8i this hearing if you wish. |f the City Commission condemns the structure you will b9
allowed approximately 45 days to complete repairs or demolition as ordered by the City Commission.
If repairs or demolition are not completed within 45 days from the date of the order by the City
Commission, the City OfSalina will contract for demolition or repairs of the structure at the owner's
expense. In addition to actual costs for the scope of work included in the contractor's bid for repairs or
demolition, additional expenses will also include, but may not be limited to, administrative and |8g8|
C0StS related b3 hiring a \iCHDSed contractor to perform the work, VVriU8R communications and notices,
postage, investigative actions, and title reports.
Sincerely,
/0
Gary bbie'Director of Development and Community Services
Acting Building Official