RESOLUTION NO. 959-26
A RESOLUTION RESCINDING THE ORDER TO REMOVE OR RAZE THE STRUCTURE LOCATED AT LOT 10 AND WEST HALF OF LOT 11 IN BLOCK 15 OF THE ORIGINAL ADDITION TO THE CITY OF HARPER, HARPER COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED TO AS 316 E. 8TH ST. HARPER, KANSAS, PREVIOUSLY ISSUED IN RESOLUTION NO. 956-26, WHILE MAINTAINING THE FINDING THAT THE STRUCTURE IS UNSAFE AND DANGEROUS AND ORDERING IT REPAIRED AND THE PREMISES MADE SAFE AND SECURE.
WHEREAS, the governing body of the City of Harper, Kansas, previously adopted Resolution No. 956-26 on August 10, 2026, finding that the structure located at:
Lot 10 and West Half of Lot 11 in Block 15 of the original addition to the City of Harper, Harper County, Kansas;
and commonly known and referred to as 316 E. 8th St., Harper, Kansas, was unsafe and dangerous pursuant to K.S.A. 12-1750 et seq.; and,
WHEREAS, Resolution No. 956-26 further directed that the structure be removed and the premises made safe and secure; and,
WHEREAS, the owner of the structure appeared before the governing body on October 12, 2026, and presented a plan of action and timeline for exterior repairs to be made safe; and
WHEREAS, the governing body now finds it appropriate and in the best interest of the City to rescind the prior order requiring the structure to be razed or removed; and,
WHEREAS, the governing body nevertheless continues to find that the structure remains unsafe and dangerous and unsuitable for occupancy unless and until brought into compliance with all applicable codes and regulations of the City of Harper.
NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF HARPER, KANSAS, THAT:
1. Amendment of prior resolution. The direction in paragraph 1 of Resolution No. 956-26 requiring removal of the structure, paragraphs 2 and 3 establishing removal deadlines and consequences of noncompliance, and the further-resolved provision authorizing razing and removal without further notice are hereby rescinded and superseded by the repair requirements and enforcement provisions of this Resolution. The finding that the structure is unsafe and dangerous remains in effect.
2. The governing body expressly reaffirms and maintains its findings that the structure located on Lot 10 and the West Half of Lot 11 in Block 15 of the Original Addition to the City of Harper, Harper County, Kansas, commonly known as 316 E. 8th St., Harper, Kansas, is unsafe and dangerous. The structure shall remain condemned and shall not be occupied until all repairs required for lawful occupancy have been completed, all required permits and inspections have been obtained, and the City’s building official has issued written approval for occupancy.
3. The owner is directed to repair the structure and make and keep the premises safe and secure. The required exterior repairs are identified in the inspection report, attached as Exhibit A and incorporated into this Resolution. Exhibit A shall identify the deficiencies and required corrective work concerning the roof, siding, foundation, and broken windows, together with applicable permit and inspection requirements.
4. The owner is hereby directed to commence the required exterior repairs no later than October 19, 2026, obtain all permits required before beginning the applicable work, and diligently prosecute the repairs until completed. The required exterior repairs, including repairs to the roof, siding, foundation, and broken windows, shall be completed to the satisfaction of the City’s building official no later than November 9, 2026. The building official shall inspect the exterior repairs and report their completion status to the governing body.
5. If the governing body determines that the required exterior repairs have been satisfactorily completed by November 9, 2026, it shall establish a timeline for completion of the interior repairs. Completion of the exterior repairs shall not authorize occupancy. The structure shall remain condemned and unoccupied until all required repairs and inspections have been completed and the building official has issued written approval for occupancy.
6. The governing body acknowledges the owner’s agreement to raze and remove the structure if the required exterior repairs are not satisfactorily completed by November 9, 2026. In that event, the owner is hereby directed to raze and remove the structure and make the premises safe and secure.
7. If the owner of such structure fails to commence or complete the repairs by the dates set forth above, or any additional time granted by the governing body, the governing body will cause the structure to be razed and removed and the costs of razing and removing, less salvage, if any, shall be collected in the manner provided by K.S.A. 12-1,1115, and amendments thereto or shall be assessed as a special assessment against the lot of parcel of land upon which the structure is located or by both, all as provided by law.
8. Nothing in this Resolution shall prohibit the City from initiating future dangerous structure proceedings, code enforcement actions, or other lawful remedies should condition warrant.
BE IT FURTHER RESOLVED, that the City Clerk shall cause this Resolution to be published once in the official city paper and mail a copy to the owner, agents, lienholders, occupants, and other parties in interest.
Adopted this 12th day of October, 2026.
___________________________
Kenneth Leu, Mayor
(SEAL)
ATTEST:
_____________________________
Tiffany M. Cooperrider,
City Clerk
