Title
Set hearing date as required by K.S.A. 40-3903 and K.S.A 12-1752 for nuisance abatement of property located at 5006 S. Elmhurst St. Wichita, Kansas.
Body
Recommended Action: Set the matter for a public hearing during the Board April 2, 2014 meeting and direct that the resolution be published on February 15, 2014 and February 22, 2014.
The Board of County Commissioners shall have a hearing to consider a resolution proposing the abatement of a public nuisance at 5006 S. Elmhurst St., Wichita, Kansas. The property is in the unincorporated area of Sedgwick County and suffered fire damage on or about November 1, 2013. The resolution will be presented to the Board of County Commissioners during their regular meeting at 9:00 A.M., on Wednesday, April 2, 2014. Publications of the public hearing will be on February 15, 2014 and February 22, 2014 in the official county newspaper of record.
Alternatives:
Financial Considerations: The cost of publication will be funded by the 2014 adopted budget.
Legal Considerations: The County has received fire insurance proceeds pursuant to K.S.A. 40-3903 and provisions of the Wichita-Sedgwick County Unified Building and Trade Code (Sec. 2.6.010 et seq.). K.S.A. 40-3903(c) provides that the County shall follow the procedures of K.S.A. 12-1752 "insofar as the same can be made applicable". In turn, K.S.A. 12-1752 requires that the governing body shall, by resolution, provide notice and fix a time for the hearing as to the potential demolition of the structure. K.S.A. 12-1752 requires that the resolution be published once each week for two (2) consecutive weeks on the same day of each week and that the hearing shall not occur less than thirty (30) days after the second publication.
Policy Considerations: