5.4 Resolution No. 22-8052 Set Public Hearing Dangerous Structure 1123 W AshCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL:
NO: 5
Development ServicesBY.
ITEM Building Services Dipiozdiln7-FINAL APPROVAL:
NO: 4 SW�7 X')
Page I BY: Sean Pilcher, Building Official BY:
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ITEM: Resolution No. 22-8052
A resolution setting the date for a public hearing to consider whether a dangerous structure at 1123
W. Ash 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, he/she uses 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. 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 related parties 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
structure may appear and show cause why such structure should not be condemned and ordered
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
AGENDA SECTION
ORIGINATING DEPARTMENT:
FISCAL APPROVAL:
NO:
BY.
Development Services
Building Services Division
ITEM
FINAL APPROVAL:
NO:
Page 2
BY: Sean Pilcher, Building Official
BY:
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: 1123 W. Ash
1123 W. Ash is a fire 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 dilapidated property that has significant structural damage to the
foundation. See attachment (A) for exterior and interior photos of the property.
With the adoption of Resolution No. 22-8052 the following timeline will be set in motion:
June 7, 2022 Send (via certified mail) a copy of the resolution to each property owner and all
identified parties of interest including lien holders.
June 10, 2022 First publication of Resolution No. 22-8052
June 17, 2022 Second publication of Resolution No. 22-8052
July 18, 2022 Conduct the public hearing. City Commission considers resolution ordering
repair or removal of the structure, located at 1123 W. Ash
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
not pay the billed amount within 30 days, then the amount is assessed to the property upon request
AGENDA SECTION
NO:
ITEM
NO:
Page 3
CITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
06/06/2022 4:00 P.M.
ORIGINATING DEPARTMENT:
Development Services
Building Services Division
BY: Sean Pilcher, Building Official
FISCAL APPROVAL:
BY
FINAL APPROVAL:
M
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. 22-8052 setting July 18, 2022 as the public hearing date for the
dangerous structure located at 1123 W. Ash.
2. Amend and adopt Resolution No. 22-8052 setting an alternative date as the public hearing date
for dangerous structure located at 1123 W. Ash.
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. 22-8052
attachment B: Photo of property
RESOLUTION NUMBER 22-8052
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
1123 W. Ash ELMDALE ADD, Sl 1, T14, R3, BLOCK 7, Residential Property
W35LT1
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, July
18th, 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 611 day of June, 2022.
Trent W. Davis, M.D., Mayor
ATTEST:
JoVonna Rutherford, City Clerk
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