4.1 Resolutions 228047, 8048, and 8049 Setting Public Hearing Dangerous Structures 244 E Diamond, 615 S 9th, and 619 S Santa FeCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5%9/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 4 Community & Development BY:
Services FINAL A ROVAL:
ITEM Building Services Division
NO:
Page 1 BY: Sean Pilcher 5� BY:
ITEM: Resolutions 22-8047, 22-8048, 22-8049
Public hearings to consider adoption of Resolution Nos. 22-8047, 22-8048, 22-8049 declaring certain
structures located at 244 E. Diamond Dr., 615 S. 9"', and 619 S. Santa Fe in the City of Salina, to be
unsafe and dangerous; directing that the structure be repaired or removed; and establishing a
reasonable time within which the repair or removal of such structures shall commence and be
completed.
BACKGROUND:
244 E. Diamond Dr.
As a brief summary, this is a fire damaged property that has significant structural damage to the roof
and walls.
615 S. 9"' St.
As a brief summary, this property has portion of the roof collapsed and severe building deterioration.
619 S. Santa Fe
As a brief summary, this property has crumbling brick foundation and severe building deterioration.
The Division of Building Services is responsible for ensuring that property in the City of Salina meets
various building and property maintenance codes and does not pose a risk to the general public. To
meet this goal, staff responds to citizen complaints as well as staff initiated inspections regarding
structures that appear to present a danger to the public. An inspection of the property is completed
using criteria listed in the Chapter 31; Article VI of the Salina Municipal Code entitled Property
Maintenance.
Staff attempts to work with property owners to achieve code compliance. Frequently, owners complete
the required improvements or demolition and the structure is removed from the dangerous structure
category. In some cases, insufficient or no improvements are made to the property and proceedings
must be initiated pursuant to K.S.A. 12-1750 et seq., which provides the authority for cities to require
the repair or removal of such structures by complying with the applicable statutory procedures. Those
procedures, as they relate to the structures at issue and the proposed resolution, are summarized as
follows:
Upon receipt of a written statement from the building official advising that a structure is unsafe or
dangerous, 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 applicable law. On March 21st, 2022 the City Commission adopted
Resolution Nos. 22-8031, 22-8032, and 22-8033, which scheduled the public hearings for May 9th,
2022.
AGENDA SECTION
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5/9/2022 4:00 P.M.
ORIGINATING DEPARTMENT: I FISCAL APPROVAL:
NO:
Community &Development BY:
ITEMServices FINAL APPROVAL:
NO:
Building Services Division
Page 2 BY: Sean Pilcher BY:
The Resolution setting the public hearing must be published for two consecutive weeks on the same
day of the week at least 30 days prior to the public hearings. In this case, publication in the Salina
Journal occurred on March 24th and March 31 st, 2022.
A copy of the resolution must be mailed by certified mail to the property owners and other identified
interested parties. These mailings were completed on March 23, 2022
The City Commission must conduct the public hearings, for the purpose of hearing evidence submitted
by the City's building official, the owners, owners' agent, lien holders of record and any occupants of
the properties as to whether the structures are unsafe or dangerous. Upon closing of the public hearing,
the City Commission shall determine whether or not the structure is unsafe or dangerous. If a structure
is determined to be unsafe or dangerous, the City Commission shall adopt a resolution directing that it
be repaired or removed (demolished) and the premises made safe and secure. This resolution must
be published in the city's official newspaper and a copy mailed to the owners and identified parties of
interest.
The resolution for the structure determined to be unsafe or dangerous shall fix a reasonable time within
which repairs or demolition of such structure shall be commenced and completed 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 complete, the City will cause the structure to be repaired or demolished.
In the event that it is necessary for the City to repair or demolish 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 owner that such costs must be paid
within 30 days of notification.
In the event that the owner fails 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 may also bring an action against the owners in district court for payment
of a personal debt, if the amount remains unpaid. Kansas Statutes provide a process by which cities
can finance unpaid costs through the general fund or by the issuance of no -fund warrants.
The public hearings to determine whether the structure is unsafe or dangerous is a quasi-judicial
proceeding, because the City Commission will be investigating facts, hearing evidence, drawing
conclusions, and taking official actions that affect the individual property owners and other interested
parties. In quasi-judicial proceedings, interested parties must have an opportunity to present and rebut
evidence to a tribunal that is impartial to the matter. Accordingly, in advance of the hearings, City staff
has provided to the property owner(s), if requested by the property owner(s), copies of the building
official's evidence relating to the unsafe and dangerous status of their respective properties. Notably,
to ensure procedural fairness, the building official's evidence is not enclosed with this staff report. The
building official's evidence will be presented to the City Commission for the first time during the public
hearings. In the case of dangerous structures, the building official is both the advocate for and the
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5/9/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community & Development
Services
Building Services Division
BY: Sean Pilcher
FISCAL APPROVAL:
BY:
FINAL APPROVAL:
BY:
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.
Commission members my not receive or engage in ex -parte contact with the property owner, other
parties interested in the property, or members of the public concerning the property or issues presented
for the public hearing process prior to the public hearing.
FISCAL NOTE:
As of April 14th, 2022, the costs incurred by the City, related to the subject properties have been
related to investigation, research, site inspection, title report, publication, certified mailings, and legal
counsel. If the City Commission takes action to order abatement and the owners do not comply within
the specified time period, the City will incur costs to contract for demolition or repair of the structures.
244 E Diamond Dr.
615 S 9"'
619 S Santa Fe
Title Report
$250
Title Report
$250
Title Report
$250
Certified Mailings
$30.65
Certified Mailings
$36.78
Certified Mailings
$36.78
Legal Counsel
$63.24
Legal Counsel
$63.24
Legal Counsel
$63.24
Totals:
$343.89
$350.02
$350.02
If remediation or demolition becomes necessary at City expense, the property owner would be billed
the total of the expenses incurred to this point as well as the cost of demolition / abatement and that
amount would be due and payable within 30 days. If the property owner does 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:
244 E. Diamond Dr.
Approve Resolution No. 22-8047, finding that the structure at 244 E. Diamond Dr. is unsafe or
dangerous; directing that the structure be repaired or removed and the premises made safe
and secure; fixing a time of 30 days for commencement of work (on or before June 8th, 2022)
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5/9/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO:
Community 8 Development BY:
Services FINAL APPROVAL:
ITEM Building Services Division
NO:
Page 4 BY: Sean Pilcher BY:
and 60 days (on or before July 811, 2022) within which the repair or removal shall be completed;
and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply.
2.) Approve Resolution Nos. 22-8047as indicated in Option #1 above, but fixing alternative
reasonable times for commencement and completion and authorizing staff to proceed with the
demolition or repair if the owner(s) fail to comply.
3.) Postpone consideration of Resolution Nos. 22-8047 pending additional information needed, as
directed by the Commission.
4.) Decline to approve Resolution Nos. 22-8047 upon a finding that the repairs to the structure at
244 E. Diamond Dr. will be taken care of by the property owner under an executed compliance
agreement with the City of Salina.
Staff recommends Option #1.
615 S. 9th
1.) Approve Resolution No. 22-8048, finding that the structure at 615 S. 9th is unsafe or dangerous;
directing that the structure be repaired or removed and the premises made safe and secure;
fixing a time of 30 days for commencement of work (on or before June 8th, 2022) and 60 days
(on or before July 8th, 2022) within which the repair or removal shall be completed; and
authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply.
2.) Approve Resolution Nos. 22-8048 as indicated in Option #1 above, but fixing alternative
reasonable times for commencement and completion and authorizing staff to proceed with the
demolition or repair if the owner(s) fail to comply.
3.) Postpone consideration of Resolution Nos. 22-8048 pending additional information needed, as
directed by the Commission.
4.) Decline to approve Resolution Nos. 22-8047 upon a finding that the repairs to the structure at
615S. 9th will be taken care of by the property owner under an executed compliance agreement
with the City of Salina.
Staff recommends Option #1
619 S. Santa Fe
1.) Approve Resolution No. 22-8049, finding that the structure at 619 S. Santa Fe is unsafe or
dangerous; directing that the structure be repaired or removed and the premises made safe
and secure; fixing a time of 30 days for commencement of work (on or before June 8th, 2022)
and 60 days (on or before July 8th, 2022) within which the repair or removal shall be completed;
and authorizing staff to proceed with the demolition or repair if the owner(s) fail to comply.
2.) Approve Resolution Nos. 22-8049 as indicated in Option #1 above, but fixing alternative
reasonable times for commencement and completion and authorizing staff to proceed with the
demolition or repair if the owner(s) fail to comply.
3.) Postpone consideration of Resolution Nos. 22-8049 pending additional information needed, as
directed by the Commission.
AGENDA SECTION
NO:
ITEM
NO:
Page 5
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
5/9/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Community & Development
Services
Building Services Division
BY: Sean Pilcher
FISCAL APPROVAL:
BY:
FINAL
BY:
4.) Decline to approve Resolution Nos. 22-8049 upon a finding that the repairs to the structure at
619 S. Santa Fe will be taken care of by the property owner under an executed compliance
agreement with the City of Salina.
Staff recommends Option #1
Attachments:
Resolution #22-8031 (Request for Public Hearing for 244 E. Diamond Dr.)
Resolution #22-8032 (Request for Public Hearing for 615 S. 9th)
Resolution #22-8033 (Request for Public Hearing for 619 S. Santa Fe)
Resolution #22-0847 (Declaring 244 E. Diamond Dr. a dangerous structure)
Resolution #22-0848 (Declaring 615 S. 9th a dangerous structure)
Resolution #22-0849 (Declaring 619 S. Santa Fe a dangerous structure)
RESOLUTION NUMBER 22-8031
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
244 E Diamond Dr. UNPLATTED, S36, T13, R3, 59554 Commercial Property- Hotel
SQUARE FEET, TR BEG 1130.47 E NW/C
SWA TH E 161.23 S 340.02 SW 234.8 N
203.63 E 35 N 151.66 TO POB
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 or
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, May
9', 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 21" day of March 2022.
Dr. Trent Davis, Mayor
ATTEST:
JoVonna Rutherford, City Clerk
RESOLUTION NUMBER 22-8032
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
615 S. 9"St. PRESCOTT ADD, S23, T14, R3, S/2 LOT 5 Residential Property- Single
NINTH ST Family Residence
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 or
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, May
9", 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 21' day of March 2022.
Dr. Trent Davis, Mayor
ATTEST:
.loVonna Rutherford, City Clerk
RESOLUTION NUMBER 22-8033
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
619 S. Santa Fe SANTA FE PARK ADD, S 13, T14, R3, Residential Property -
BLOCK 2, Lot 9 Single Family Residence
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 or
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, May
9'h, 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 215` day of March 2022.
Dr. Trent Davis, Mayor
ATTEST:
JoVonna Rutherford, City Clerk
RESOLUTION NUMBER 22-8047
A RESOLUTION RELATING TO 244 E. Diamond Dr.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Governing Body finds that the following structure (the "Structure") is unsafe
and dangerous, and that such conditions endanger the life, health, property or safety of the public or
the occupants:
Commercial structure (hotel) at 244 E. Diamond Dr.
Section 2. The owner is directed to repair or remove the Structures, and to make the premises
safe and secure (the "Work"). The Work shall be commenced by June 8, 2022 and shall be diligently
prosecuted so as to allow for substantial completion of all Work no later than July 8, 2022. For
purposes of this Resolution, the owner shall be deemed to have commenced the Work only if the
owner has: (1) caused application to be made to the building official for, and obtained, the required
permit(s) for the Work; or (2) commenced the physical Work on the premises after providing the
building official with satisfactory evidence that no permits are required for the proposed Work under
applicable law.
Section 3. If the owner fails to commence the repair or removal, or to diligently prosecute the
work until the work is substantially completed, all within the times stated, the Governing Body will
cause the Structure to be razed and removed.
Section 4. The City Clerk shall publish this resolution one (1) time in the official city
newspaper and 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.
Adopted by the Board of Commissioners this 9' day of May, 2022.
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk
RESOLUTION NUMBER 22-8048
A RESOLUTION RELATING TO 615 S. 9"' St.
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Governing Body finds that the following structure (the "Structure") is unsafe
and dangerous, and that such conditions endanger the life, health, property or safety of the public or
the occupants:
Single-family dwelling at 615 S. 9`h St.
Section 2. The owner is directed to repair or remove the Structures, and to make the premises
safe and secure (the "Work"). The Work shall be commenced by June 8, 2022 and shall be diligently
prosecuted so as to allow for substantial completion of all Work no later than July 8`h, 2022. For
purposes of this Resolution, the owner shall be deemed to have commenced the Work only if the
owner has: (1) caused application to be made to the building official for, and obtained, the required
permit(s) for the Work; or (2) commenced the physical Work on the premises after providing the
building official with satisfactory evidence that no permits are required for the proposed Work under
applicable law.
Section 3. If the owner fails to commence the repair or removal, or to diligently prosecute the
work until the work is substantially completed, all within the times stated, the Governing Body will
cause the Structure to be razed and removed.
Section 4. The City Clerk shall publish this resolution one (1) time in the official city
newspaper and 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.
Adopted by the Board of Commissioners this 9'h day of May, 2022.
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A Rutherford, City Clerk
RESOLUTION NUMBER 22-8049
A RESOLUTION RELATING TO 619 S. Santa Fe
BE IT RESOLVED by the Governing Body of the City of Salina, Kansas:
Section 1. The Governing Body finds that the following structure (the "Structure") is unsafe
and dangerous, and that such conditions endanger the life, health, property or safety of the public or
the occupants:
Single-family dwelling at 619 S. Santa Fe
Section 2. The owner is directed to repair or remove the Structures, and to make the premises
safe and secure (the "Work"). The Work shall be commenced by June 8, 2022 and shall be diligently
prosecuted so as to allow for substantial completion of all Work no later than July 8, 2022. For
purposes of this Resolution, the owner shall be deemed to have commenced the Work only if the
owner has: (1) caused application to be made to the building official for, and obtained, the required
permit(s) for the Work; or (2) commenced the physical Work on the premises after providing the
building official with satisfactory evidence that no permits are required for the proposed Work under
applicable law.
Section 3. If the owner fails to commence the repair or removal, or to diligently prosecute the
work until the work is substantially completed, all within the times stated, the Governing Body will
cause the Structure to be razed and removed.
Section 4. The City Clerk shall publish this resolution one (1) time in the official city
newspaper and 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.
Adopted by the Board of Commissioners this 9te day of May 2022.
Trent W. Davis, M.D., Mayor
[SEAL]
ATTEST:
JoVonna A. Rutherford, City Clerk