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Tonganoxie council schedules Aug. 3 public hearing on fire‑damaged building at 207 W. Third
Summary
The council unanimously approved Resolution 06-26-02 to set a public hearing on Aug. 3 to determine whether the fire-damaged structure at 207 West Third Street should be repaired, demolished or otherwise made safe; staff cited KSA 12-1756 and noted the building is placarded and close to the county fairgrounds.
The Tonganoxie City Council on June 15 voted to set a public hearing for Aug. 3 to determine whether the fire-damaged structure at 207 West Third Street should be condemned, repaired or demolished.
City staff summarized the condition and timeline: a fire on March 23 left the structure significantly damaged and the city's building official had placarded the property as dangerous. Staff included a written report from the building official in the council packet and noted the property’s proximity to the Leavenworth County Fairgrounds, which increases the risk of public exposure to the unsafe structure during a busy event period.
Mr. Porter (city staff) told the council the agenda packet includes the building inspector's actions to date and options under KSA 12-1756, which allow the inspector to take immediate action if a structure poses an imminent hazard. "One of those steps is approval of the resolution tonight that fixes the time and place for a public hearing on the matter," Porter said, noting required notice provisions and the statutory publication schedule.
The city attorney (Anna) recommended adopting the resolution to set the hearing because doing so starts the chain of events that triggers publication and certified notices; she said the hearing date of Aug. 3 was the earliest date that complied with the publication and statutory notice timeline.
Council discussed whether temporary barricades or other interim measures could be taken under emergency authority if conditions worsened before the hearing; staff noted that barricading falls under immediate-action authority but also warned that partial measures could create different liability considerations than full demolition. The resolution to set the hearing was moved and seconded and the motion carried.
Next steps: Notices will be published twice per statute and sent by certified mail to the property owner, insurers and lienholders. If staff determines the structure becomes an immediate hazard before the hearing, the building inspector has authority under KSA 12-1756 to take emergency measures to protect public safety.
The council did not at the June 15 meeting order demolition; the hearing on Aug. 3 will determine whether to condemn and order repair or demolition.
