3.1.3 Revised Resolution 24-8220(Published on the City of Salina website (https://www.salina-ks.gov) on July ___, 2024)
RESOLUTION NUMBER 24-8220
A RESOLUTION RELATING TO A DANGEROUS STRUCTURE LOCATED AT 1616
WEST CRAWFORD STREET, SALINA, KANSAS.
WHEREAS:
A. Pursuant to K.S.A. 12-1751, the governing body of any city has the power to cause the
repair or removal of, or to remove any structure located within the city, which may have become unsafe
or dangerous.
B. Chapter 31, Article VI, Division 1, of the Salina Code (“S.C.”) defines what constitutes a
“dangerous” structure (S.C. §31-502) and outlines the conditions or defects, the presence of any or all
of which provide the basis for determining that any structure or premises shall be considered dangerous
(S.C. §31-502.1).
C. Consistent with K.S.A. 12-1752, the Building Official filed with the Governing Body a
written statement that a certain structure (the “Structure”) located upon the following described parcel
of real estate located in the City of Salina, Saline County, Kansas (the “Premises) owned by Andrea
Investments, LLC, a Kansas limited liability company (the “Owner”), is unsafe or dangerous:
ADDRESS: 1616 W Crawford Avenue
LEGAL DESCRIPTION:
Tract 1
Lots 1, 2, 3 and 4, less the West 150.00 feet of Lot 4, Block 1, C K S Addition to the City of
Salina, Saline County, Kansas, Plat Book A7, page 10.
Tract 2
All of that part of the West 150.00 feet of Lot 4, Block 1, lying North of the existing concrete
slab in C K S Addition to the City of Salina, Saline County, Kansas, Plat Book A7, page 10,
which is more particularly described as follows:
BEGINNING at the Northwest corner of said Lot 5; thence South 00 degrees 42 minutes 49
seconds West, a distance of 169.81 feet; Thence North 89 degrees 59 minutes 09 seconds East, a
distance of 150.00 feet, Thence North 00 degrees 42 minutes 49 seconds East, a distance of
169.77 feet; Thence South 90 degrees 00 minutes 00 seconds West a distance of 150 feet back to
the point of beginning.
Metes and Bounds Description:
The above described tracts of land are more particularly described as follows:
Beginning at the Southeast corner of Lot One (1), Block One (1) C.K.S. Addition to the City of
Salina, Saline County, Kansas; thence N00°42’49”E along the East line of said Lot One (1) and
Lot Three (3) a distance of Five Hundred Fifty (550) feet; thence N90°00’00”W along the North
line of C.K.S. Addition a distance of Six Hundred (600) feet to the Northwest corner of Lot Four
(4); thence S00°42’49”W a distance of One Hundred Sixty-Nine and Eighty-One Hundredths
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(169.81) feet; thence N89°59’09”E a distance of One Hundred Fifty (150) feet; thence
S00°42’49”W a distance of Three Hundred Eighty and Nineteen Hundredths (380.19) feet to the
North right of way line of Crawford Avenue; thence N90°00’00”E along said North right-of-way
line a distance of Four Hundred Fifty (450) Feet back to the point of beginning.
TYPE OF BUILDING: Commercial structure with no accessory structures;
D. At its regular meeting on June 3, 2024, the Governing Body adopted Resolution Number
24-8213 pursuant to K.S.A. 12-1752 fixing the time and place at which 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 the Structure should not be condemned and ordered repaired or demolished at 4:00 P.M. on
Monday, July 22, 2024, in the City Commission Meeting Room, Room 107, City-County Building, 300
West Ash Street, Salina, Kansas (the “Hearing”);
E. Resolution Number 24-8213 was published on the City’s website as the City’s official
newspaper on June 4, 2024, and June 11, 2024, and was mailed on June 7, 2024, by certified mail to the
following interested parties (the “Interested Parties”):
Andrea Investments, LLC, Attn. Joshua Joseph, 6925 Valley View Lane, Dallas, Texas
Herring Bank, Amarillo Texas
Great Plains National Bank, Elk City Oklahoma
Saline County, Kansas;
F. Because the certified mailing of Resolution Number 24-8213 to Andrea Investments,
LLC, was returned to sender – unclaimed and unable to forward, a copy of Resolution Number 24-8213
was emailed to Joshua Joseph’s email address on July 11, 2024, and served at his residence on July 12,
2024.
G. Because the certified mailing of Resolution Number 24-8213 to Great Plains National
Bank, Elk City, Oklahoma, was returned to sender – no mail receptacle, a copy of Resolution Number
24-8213 was sent on July 11, 2024, to the same address via UPS next day air service and was signed for
on July 12, 2024, by a representative of Great Plains National Bank;
THEREFORE, BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Governing Body finds that: (a) the Resolution Number 24-8213 was published
on the City’s website as the City’s designated official newspaper on June 4, 2024, and June 11, 2024;
(b) all interested parties were mailed a copy of the Resolution by certified mail orand, as necessary,
provided a copy by further means as necessary; and (c) based upon application of the evidence
presented at the Hearing to the criteria set forth in S. C. §31-502.1, the following conditions or defects
exist on the Premises such that the Structure is therefore dangerous:
1. The Structure contains doors, aisles, passageways, stairways, exits or
other means of egress that do not conform to the approved building or fire code of the
jurisdiction as related to the requirements for existing buildings.
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2. The walking surface of aisles, passageways, stairways, exits or other
means of egress from the Structure are so warped, worn loose, torn or otherwise
dangerous as to not provide safe and adequate means of egress.
3. Portions of the Structure have been damaged by fire, wind, deterioration,
neglect, abandonment, vandalism or by any other cause to such an extent that it is likely
to partially or completely collapse, or to become detached or dislodged.
3.4. Parts of the Structure, because of dilapidation, deterioration, unrepaired
fire damages, unrepaired holes in the roof assembly, and because of unrepaired or
removed wall sections on the third floor, are likely to partially collapse.
4.5. The Structure, or portions thereof, is clearly dangerous for its use and
occupancy.
5.6. The Structure is neglected, damaged, dilapidated, unsecured or
abandoned so as to become an attractive nuisance to children who might play in the
Structure to their danger, become a harbor for vagrants, criminals or immoral persons,
or enable persons to resort to the building or structure for committing a nuisance or an
unlawful act.
6.7. The Structure, which is or was used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty
construction or arrangement, inadequate light, ventilation, mechanical or plumbing
system, or otherwise, is determined by the code official to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or disease.
7. The Structure, because of a lack of sufficient or proper fire-resistance-
rated construction, fire protection systems, electrical system, fuel connections,
mechanical system, plumbing system or other cause, is determined by the code official
to be a threat to life or health.
8. The Structure has been constructed, exists or is maintained in violation of
specific requirements or prohibitions applicable to such structures provided by the
building or fire code of the city, or of any law or ordinance to such an extent as to
present either a substantial risk of fire, building collapse or an imminent threat to life
and safety.
9. The Structure, because of a lack of sufficient or proper fire-resistance-
rated construction, fire protection systems, electrical system, fuel connections,
mechanical system, plumbing system or other cause, is determined by the code official
to be a threat to life or health.
Formatted: List Paragraph, Left, Right: 0", No bullets
or numbering, Pattern: Clear
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10. The Structure is abandoned so as to constitute such building or portion
thereof as an attractive nuisance or hazard to the public.
Section 2. The Owner is directed to make the Premises safe and secure by (i) repairing the
Structure (“Repair Work”) or (ii) razing and removing the Structure (“Demolition Work”).
Section 3. If the Owner elects to make the premises safe and secure by performing the
Demolition Work, the Owner is ordered and directed to comply with the following:
(1) The Owner shall immediately commence and diligently pursue (a) engagement of any
necessary consultants and/or contractors; and (b) the preparation and submission of
complete and accurate applications by the Owner or its consultants and/or contractors to
the City for the required permits for the Demolition Work which are suitable for
acceptance and review by the building official no later than August 21, 2024.
(2) If the building official’s review of the applications identifies the need for preparation of
corrections to the applications by the Owner or its consultants and/or contractors, the
corrections must be made within the number of days indicated by the building official
that will allow for review of the corrections and issuance by the City of the required
permits no later than August 30, 2024.
(3) No later than September 5, 2024, the Owner and its contractors shall commence the
Demolition Work on the Premises, and thereafter diligently prosecute the same until the
Demolition Work is completed and the Premises are made safe and secure.
(4) As required by K.S.A. 12-1754, the Owner of the Structure, making the Premises safe
and secure shall include filling in any basement or other excavation located upon the
Premises and taking any other action necessary to leave the Premises in a safe condition.
Section 4. If the Owner elects to make the premises safe and secure by performing the Repair
Work, the Owner is ordered and directed to comply with the following:
(1) The Owner shall immediately commence and diligently pursue (a) engagement of any
necessary consultants and/or contractors; and (b) the preparation and submission of
complete and accurate applications by the Owner or its consultants and/or contractors to
the City for the required permits for the Repair Work which are suitable for acceptance
and review by the building official no later than September 20, 2024.
(2) If the building official’s review of the applications identifies the need for preparation of
corrections to the applications by the Owner or its consultants and/or contractors, the
corrections must be made within the number of days indicated by the building official
that will allow for review of the corrections and issuance by the City of the required
permits no later than October 21, 2024.
(3) No later than November 19, 2024, the Owner and its contractors shall commence the
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Repair Work on the Premises, and thereafter diligently prosecute the same until the
Repair Work is completed and the Premises are made safe and secure.
Section 5. If the building official, in the building official’s sole discretion, determines that the
Owner has failed to comply with any of the requirements or orders set forth in this resolution, the
building official may request and the city manager may place on the agenda of a regular or special
meeting of the Governing Body a show cause hearing, at which time the Owner must appear and show
cause as to why the Governing Body should not proceed to cause the Structure to be repaired or razed
and removed and the cost of such work recovered by the City in the manner provided under K.S.A. 12-
1755. The building official shall cause notice of the time and place of the show cause hearing to be
mailed to the Interested Parties by certified mail at least fourteen (14) days prior to the date set for the
show cause hearing. If, following the show cause hearing, the Governing Body determines that the
Owner has failed to comply with any of the requirements or orders set forth in this resolution, the
Governing Body may proceed without further notice to cause the Structure to be repaired or razed and
removed and to recover the cost of such work in the manner provided under K.S.A. 12-1755.
Section 6. The City Clerk shall (a) publish this resolution one (1) time in the official city
newspaper; (b) shall mail, by certified mail, copies of the resolution to each Owner, agent, lienholder of
record and any occupant of the Structure within three (3) days after its publication; and (c) file this
resolution for recording in the office of the Saline County Register of Deeds.
Section 7. This resolution constitutes a final order of the Governing Body in relation to its
determination that the Structure is dangerous and unsafe pursuant to K.S.A. 12-1750, et seq.
Adopted by the Board of Commissioners this 22nd day of July, 2024.
Bill Longbine, Mayor
ATTEST:
Nikki Goding, City Clerk