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7.1 Resolution No. 22-8067 Dangerous Structure 901 N. 7th St.AGENDA SECTION NO: ITEM NO: Page t CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/12/2022 4:00 P.M. ORIGINATING DEPARTMENT Development Services Building Services Divis` BY: Sean Pillher, Building Official FISCAL APPROVAL: BY: FINAL AP OVAL: BY: An ITEM: Resolution No. 22-8067 A resolution setting the date for a public hearing to consider whether a dangerous structure at 901 N. 7th St. shall be condemned and ordered demolished or repaired. BACKGROUND: When a Building Inspector is on site for a building evaluation, whether it's from a citizen complaint, a post fire inspection, or an area evaluation, they use the property maintenance code (Ch. 31 of the Salina Municipal Code) as a basis for evaluation. If there are many areas of concern with the property especially problems that are structural in nature, the Inspector consults with the Building Official for determination if a dangerous structure evaluation is warranted. Properties are evaluated on the basis of the criteria listed in Salina Municipal Code 31-502.1 for classification of a dangerous structure (see attached). The code reads that if any of the criteria listed applies to the structure, it shall be considered dangerous. Once that inspection is complete, the results are assessed by the Building Official and a determination is made on the status of the property. Kansas Statutes Annotated, Sections 12-1750-1756f, provides the authority and the required procedures that cities can take to eliminate dangerous structures, if the Building Officials determination is that it rises to the level of a dangerous structure. The first step in the process is to formally call a public hearing to be conducted by the City Commission. The purpose of the public hearing is to allow the owner, owner's agent, lien holders of record and occupant of the property to appear and to show cause as to why such structure(s) should not be ordered to be repaired or demolished. KSA 12-1752 (see excerpt below) states that a written statement from the building official that the property is dangerous and a description of the location of the property is necessary in support of the request for a public hearing. All parties of interest, garnered from the commissioned title report, and the governing body will be notified of the date of said hearing. The governing body will be supplied with the details and inspection reports from the enforcing officer as well as evidence from the owner or owner's agent at the public hearing in conformance with the Kansas Open Meetings Act and KSA 12-1753 (see excerpt below). The reason that no information from City staff other than the location is given at the time of a request for a public hearing, is to maintain due process for those involved. Due process requires that proceedings be fair, open and impartial. In the case of dangerous structures, the building official is both the advocate for and the source of the evidence supporting the governing body's potential determination that a structure is dangerous. If the building official's evidence is provided to the governing body prior to the public hearing and prior to the property owners having opportunity to present their evidence, it could appear that individual members of the governing body had the potential for predetermining the matter prior to presentation of all of the evidence to be presented at the public hearing. KSA 12-1752. Same; notice and hearing. Whenever the enforcing officer files with the governing body of the city a statement in writing that any structure, describing the same and where located, is unsafe or dangerous or is abandoned property, the governing body, by resolution, shall fix a time and place at which the owner, the owner's agent, any lienholders of record and any occupant of such CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/12/2022 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: NO: Development Services BY: ITEM Building Services Division FINAL APPROVAL: NO: Page 2 BY: Sean Pilcher, Building Official BY: structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished in the case of unsafe or dangerous structures or rehabilitated in the case of abandoned property. KSA 12-1753. Same; findings; resolution; contents; notice. On the date fixed for hearing or any adjournment thereof, the governing body shall hear all evidence submitted by the owner, the owner's agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings by resolution. CURRENT REQUEST: 901 N. 7th St. 901 N. 7th St. is a severely dilapidated property. An inspection of the structure was performed by the Building Official and Building Inspectors using criteria listed in Chapter 31, Article VI of the Salina Municipal Code. Following their inspection and evaluation the structure was identified as dangerous. This action item is step one in the process as described above and provided for in state statute. This Resolution sets the public hearing date; therefore detailed information about the property will not be supplied until the public hearing (step two) (KSA 12-1753). As a brief summary, this is a fire damaged property that has significant structural damage to the roof and walls. See attachment (A) for exterior and interior photos of the property. With the adoption of Resolution No. 22-8067 the following timeline will be set in motion: Sept. 14, 2022 Send (via certified mail) a copy of the resolution to each property owner and all identified parties of interest including lien holders. Sept. 16, 2022 First publication of Resolution No. 22-8067 Sept. 23, 2022 Second publication of Resolution No. 22-8067 October 24, 2022 Conduct the public hearing. City Commission considers resolution ordering repair or removal of the structure, located at 901 N. 7th St. If at the public hearing the City Commission determines the property is dangerous, dates will be set for commencement and completion of repairs or demolition by the property owner. If the Commission does not agree with the Building Official's determination, the property will be dealt with in the same manner as other property maintenance issues which could include referral to Municipal Court if corrections are not made. FISCAL NOTE: Adoption of a resolution to set a public hearing has no immediate fiscal impact. If, following the public hearing, remediation or demolition becomes necessary at City expense the property owner would be billed for the expenses and that amount is due and payable within 30 days. If the property owner does AGENDA SECTION NO: ITEM NO: Page 3 CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 9/12/2022 4:00 P.M. ORIGINATING DEPARTMENT: FISCAL APPROVAL: Development Services Building Services Division BY: Sean Pilcher, Building Official Lia I-INAL APPROVAL: Ea not pay the billed amount within 30 days, then the amount is assessed to the property upon request of the Finance Department and approval by the City Commission. The amount due becomes a property tax assessment and payable to the Saline County Treasurer and ultimately reimbursed to the City, if paid. If the property owner does not pay the assessment, then the property taxes and/or assessments become delinquent and subject to further action by Saline County including a possible tax sale of the property. COMMISSION ACTION OR RECOMMENDED ACTION: Staff has identified the following options for the City Commission's consideration: Staff has identified the following alternatives for the City Commission: 1. Adopt Resolution No. 22-8067 setting October 24, 2022 as the public hearing date for the dangerous structure located at 901 N. 7th St. 2. Amend and adopt Resolution No. 22-8067 setting an alternative date as the public hearing date for dangerous structure located at 901 N. 7th St. 3. Postpone this item with direction to staff regarding further information or action. 4. Decline to set a public hearing for this dangerous structure. Staff recommends Option #1. Attachments: attachment A: Resolution No. 22-8067 attachment B: Photo of property CC: RESOLUTION NUMBER 22-8067 A RESOLUTION FIXING A TIME AND PLACE TO APPEAR TO SHOW CAUSE WHY A CERTAIN STRUCTURE SHOULD NOT BE CONDEMNED AND ORDERED REPAIRED OR DEMOLISHED. WHEREAS, the Building Official has filed with the Governing Body a written statement that certain structures located upon the following described parcels of real estate are unsafe or dangerous: ADDRESS LEGAL DESCRIPTION TYPE OF BUILDING 901 N 7`h St. EMI ADD, S1, T14, R3, BLOCK 1, 19200 Single Family Dwelling SQUARE FEET, LTS 2-8 ALT A parcel in the City of Salina, Saline County, Kansas. 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 off record and any occupant of the structures described above may appear and show cause why such structure should not be condemned and ordered repaired or demolished at 4:00 P.M. on Monday, October 24, 2022 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 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 s required by K.S.A. 12-1752. Adopted by the Board of City Commissioners and signed by the Mayor this 12" day of September 2022. Trent W. Davis, M.D., Mayor ATTEST: JoVonna Rutherford, City Clerk All 14'