PUBLISHED IN THE WICHITA EAGLE ON June 11, 2021 RESOLUTION NO. 21-235 A RESOLUTION FINDING THAT THE STRUCTURE/S LOCATED ON THE NORTH 47 FEET OF LOTS 86, 88, 90, 92, 94 AND 96, ON MURDOCK AVENUE, OAKLAND ADDITION TO THE CITY OF WICHITA, SEDGWICK COUNTY, KANSAS., COMMONLY KNOWN AS 749 N. MINNEAPOLIS AVE (DUPLEX), IS/ARE UNSAFE OR DANGEROUS AND DIRECTING THE STRUCTURE/S TO BE MADE SAFE AND SECURE OR REMOVED. WHEREAS, the enforcing officer of the City of Wichita, Kansas, did on the 27th day of April, 2021, file with the governing body of said City a statement in writing that a certain structure/s, hereinafter described, was/were unsafe and dangerous; and WHEREAS, the governing body did by Resolution dated the 27th day of April, 2021, fix the time and place of a hearing at which the owner, his agent, any lien holders of record and any occupant of such structure/s could appear and show cause why such structure/s should not be condemned and ordered repaired or demolished, and provided for giving notice thereof as provided by law; and WHEREAS, such Resolution were published in the official City paper on the 30th day of April, 2021 and 7th day of May, 2021. WHEREAS, on the 8th day of June 2021, this matter came back before the governing body for a hearing to determine whether the structure/s that is/are on the premises described herein is/are a dangerous building/s within the terms of Chapter 18.16 of the Code of the City of Wichita, Kansas, and/or K.S.A. 12-1750, et seq. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF WICHITA, KANSAS AS FOLLOWS: 1. The governing body, after hearing testimony submitted by the Director of Metropolitan Area Building and Construction Department and other interested parties, if any, reviewing the file, and after being otherwise duly and fully informed, finds as follows: (a) Proper notice was served upon all interested parties entitled thereto in all respects as provided for at K.S.A. 12-1750 et. Seq. and by Chapter 18.16 of the Code of the City of Wichita. (b) The primary structure/s at issue is/are a one story frame dwelling about 30 x 54 feet in size. Vacant and open, this structure has rotted and missing vinyl siding; badly worn compostion roof, with holes; deteriorated front and rear porches; and rotted soffits, fascia and trim. Photographs of the structure/s and testimony of the Director of Metropolitan Area Building and Construction Department or designee are incorporated by reference herein as though fully set forth herein or attached hereto. (c)The owner(s) of record of the property is (are): Gladys Canada 3201 Sunview Ave Wichita, KS 67216 Diana Gamblin 1311 N. Minnesota Wichita, KS 67214 (d)There is nobody occupying the property and the lien holder(s) of record is (are): Kelly Arnold, County Clerk 525 N. Main Suite 211 Wichita, KS 67203 Mortgage Holders: None Agent: None Interested Parties: None II. The structure/s on the property is/are found to be dangerous and unsafe and is/are found to constitute a public nuisance because of the following conditions: A. Those, which have been damaged by fire, wind, want of repair, or other causes so as to have become dangerous to life, safety, morals or the general health and welfare of the occupants or the people of the city. B. The structure fails to provide the necessities to decent living, which makes it, unfit for human habitation. C. Those open to unauthorized persons or those permitted to be attractive to loiterers, vagrants, or children. D. Those whose use, equipment or want of good housekeeping constitutes a decided fire or safety hazard to the property itself or its occupants or which presents a decided fire or safety hazards to surrounding property or a menace to the public safety and general welfare. Based upon the findings set out above, the structure/s is/are declared to constitute a public nuisance. III. The governing body, based on the findings set forth herein orders that the structure/s is/are hereby condemned: (a) The governing body hereby directs that the structure/s is/are to be repaired or removed and the premises made safe and secure. Any extensions of time granted for repairs are provided that any back taxes are paid, the structure/s is/are kept secured and the premises remain free of debris and maintained. If any of these conditions are not met, staff is directed to let the structure/s for bids for demolition. The owner (owners) of such structure/s is/are hereby given ninety (90) days from the date of publication of resolution to pay delinquent taxes, pay special assessments, maintain premise conditions and bring property into compliance. (b) The governing body further directs that if such owner (owners) fails/fail to pay delinquent taxes, pay special assessments, maintain premise conditions and bring property into compliance within the time stated or fails to diligently prosecute the same until the work is completed, then the Director of Metropolitan Area Building and Construction Department will cause the structure/s to be razed and removed and the cost of such razing and removing, less salvage value, if any, shall be assessed as a special assessment against the lot or parcel of land upon which the structure/s is/are located as provided by law. BE IT FURTHER RESOLVED, that the City Clerk shall cause this Resolution to be published once in the official City paper and a copy shall be mailed by certified mail to the owners, agents, lien holders and occupants within three (3) days after the first publication of the Resolution. ADOPTED this 8th day of June 2021. Brandon J. Whipple, Mayor ATTEST: (SEAL) Karen Sublett, City Clerk