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City of Wilson Health Nuisance at 2411 Ave E

Posted in:

(First Published in the Ellsworth County Independent/
Reporter, Thursday, May 27, 2021)

State of Kansas, Ellsworth County, City of Wilson:

RESOLUTION NO. 10-2021

Being a resolution Adopted by the Governing Body of the City of Wilson, Declaring as a Health Nuisance
Conditions Existing on Private Property located within the City of Wilson, Ellsworth County, Kansas.

Whereas, The Board of Health inspected the following described tracts, to wit:
    Beginning at a point on the West Line and 75
    feet North of the Southwest corner of Block One
    (1), in the City of Wilson, in Ellsworth County,
    Kansas; thence East on a line parallel with
    the South line of     said Block, a distance of 100
    feet; thence North on a line parallel with the
    West line, a distance of 25 feet;  thence East on
    a line parallel with the South  line of said Block, a
    distance of 23 feet; thence North on a line
    parallel with the     West line of said Block, a
    distance of 136 feet, or to the North line of said
    Block One (1); thence West along said North line
    of said Block One (1) to the East line of Lot
    Five (5), in said Block One (1); thence South
    along the East line of said Lot Five (5), to a point
    121 feet North of the South line of said
    Block One (1); thence West on a line parallel
    with the South line of said Block One (1), a     
    distance of 100 feet; thence South on the West
    line of said Block One (1), to the Place of
    Beginning commonly known as 2411 Ave
    E Wilson, Kansas.; and
Whereas, that said Board of Health declared the above described property contained:
    (1) Wooden pew & metal object in     front of building
    (2) Piles of metal and windmill pieces at back of building
        (3) Trailer full of wood and debris at back of building
    (4)   Old sinks & toilet at back of building
    (5)   Old bicycles at back of building
    (6)   Old windows at back of building
    (7)    Barrels at back of building
that are a public nuisance pursuant to Ordinance No. 638, Ordinance No. 678, Ordinance No. 729, and KSA 12-1617e, of the City of Wilson, Ellsworth County Kansas; and
Whereas, a letter was mailed with the described public health nuisances on the hereinbefore described property to the property owner Picture Rocks Ltd - Daniel Erdman on March 16, 2021 to correct the condition of the property with thirty (30) days; and
Whereas, the property owner failed to request a hearing with the Governing Body of the City of Wilson,  Ellsworth County, Kansas:
NOW, THEREFORE, BE IT RESOLVED, that the governing body of the City of Wilson, Ellsworth County, Kansas, declares since there has not been sufficient progress to abate the nuisances that if the nuisances as previously declared by the Board of Health, in their original list of items to be abated are not abated, then 30 days after personal service or certified mail return receipt requested of this resolution upon the owner, the governing body of the City of Wilson, Ellsworth County, Kansas, through its Board of Health, shall hire and contract that the nuisances will be removed from the premises, and that the cost incurred by the City of Wilson shall be charged against the lot or parcels of ground upon which the nuisance is located as provided in Ordinance No. 638, Ordinance No. 678, Ordinance No. 729, and KSA 12-1617e, of the City of Wilson, Ellsworth County Kansas; and
IT IS FURTHER RESOLVED, that a copy of this Resolution shall be served upon the owner in violation by personal service upon the person in violation; or certified mail return receipt requested;  or in the event the whereabouts of such person is unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the Board of Health and filed with the City Clerk, and the serving of the resolution shall be made by publishing the same once each week for two (2) consecutive weeks in the Ellsworth County  Independent/Reporter, the official City newspaper, and by posting a copy of this Resolution on the premises where such condition exists; and
BE IT FURTHER RESOLVED, that this resolution is adopted in its entirety by the governing body of the City of Wilson, Ellsworth County, Kansas, this 17th day of May, 2021.
                                                                      
Michael J. Peschka
Mayor

Attested:

Susan R. Kriley
City Clerk

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