The governing body has found that there exist within the corporate limits of the city structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards of fire or accidents, structural defects or other conditions which render such structures unsafe, unsanitary or otherwise inimical to the general welfare of the city, or conditions which provide a general blight upon the neighborhood or surrounding properties. It is hereby deemed necessary by the governing body to require or cause the repair, closing or demolition or removal of such structures as provided in this article.
(K.S.A. 12-1751; Ord. 23-3)
Whenever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the same secure and safe or to remove the same. The owner of any structure, upon removing the same, shall fill any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition.
For the purpose of this article, the following words and terms shall have the following meanings:
(a) Enforcement Officer means the enforcement officer or his or her authorized representative.
(b) Structure shall include any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground.
(c) Parties in interest means any owner or owners of record, judgment creditor, tax purchaser or other party having any legal or equitable title or interest in the property.
(d) Last known address includes the address where the property is located, or the address as listed in the tax records.
(K.S.A. 12-1750; Ord. 23-3)
The Enforcement Officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article, including the following:
(a) Inspect any structure which appears to be unsafe, dangerous or unfit for human habitation;
(b) Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. If entry is denied, the Enforcement Officer may seek an order for this purpose from a court of competent jurisdiction;
(c) Report all structures which he or she believes to be dangerous, unsafe or unfit for human habitation to the governing body;
Whenever it appears to the Enforcement Officer on his or her own motion that any structure is dangerous, unsafe or unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges:
(a) Report such findings to the governing body by filing a statement in writing describing the structure and where it is located, is unsafe or dangerous; and
(b) The governing body, by resolution, shall fix a time and place at which the owner, the owner's agent, any lienholders of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished in the case of unsafe or dangerous structures or rehabilitated in the case of abandoned property. Such resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hearing. A copy of the resolution shall be mailed by certified mail within three days after its first publication to each such owner, agent, lienholder and occupant, at the last known address and shall be marked "deliver to addressee only."
(K.S.A. 12-1752; Ord. 23-3)
(a) The notice shall describe in writing the conditions alleging a violation of this article;
(b) Shall state the date, time, and place of hearing.
(c) Shall state the governing body shall hear all evidence submitted by the owner, the owner's agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings by resolution. If the governing body of the city finds that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired or removed and the premises made safe and secure.
The governing body shall conduct a hearing as soon as may be practicable. Failure of the owner's agent, lienholders of record and occupants having an interest in such structure to attend or present evidence at the hearing shall constitute a waiver of the person’s right to contest the findings of the enforcing officer before the governing body.
(a) On the date fixed for hearing or any adjournment or continuation thereof, the governing body shall hear all evidence submitted by the person to whom notice of the violation was issued, and all evidence submitted by the Enforcement Officer. Upon hearing such evidence, the governing body shall make findings by resolution. The hearing provided for in this section need not be conducted according to formal rules of evidence.
(b) If, after notice and hearing as provided for in this article, and upon hearing the evidence provided for in subsection a of this section, the governing body determines that a violation exists, it shall set forth in writing in the form of a resolution its findings of facts supporting such determination. The resolution shall also fix a reasonable period of time, to be determined by the governing body, within which the abatement of the violation shall be concluded, and a statement that if the person upon whom notice of the violation was served fails to conclude said removal and abatement within the time period established by the resolution, or fails to diligently prosecute and pursue the same until the work is completed, the governing body will cause the structure to be repaired or razed and removed. The resolution provided for in this section shall be published once in the official city newspaper and the city clerk shall cause a copy of the resolution to be mailed to the person or entity, and owner, in the same manner as provided for in 4-405.
(K.S.A. 12-1753; Ord. 23-3)
(a) If, within the time specified in the resolution, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the Enforcement Officer may cause the structure to be repaired, altered, improved, or to be vacated and closed.
(b) If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the structure, the Enforcement Officer may cause the structure to be removed and demolished.
Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition. If the owner fails to take such action, the Enforcement Officer may proceed to make the site safe including filling any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition.
(a) The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the Enforcement Officer including all legal costs associated with enforcing the provisions of this Article and the costs of making the site safe, shall be reported to the city clerk.
(b) The City may sell any salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing the structure and making the site safe. Any proceeds in excess of that required to recover the costs shall be paid to the owner of the premises upon which the structure was located.
(c) The city shall give notice to the owner of such structure by restricted mail of the total cost incurred by the city in removing such structure and making the premises safe and secure and the cost of providing notice. Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice. If the cost is not paid within the thirty-day period and if there is no salvageable material or if moneys received from the sale of salvage or from the proceeds of any insurance policy in which the city has created a lien pursuant to K.S.A. 40-3901 et seq., and amendments thereto, are insufficient to pay the cost of such work, the balance shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and the city clerk at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and any applicable interest has been paid in full.
(K.S.A. 12-1755; Ord. 23-3)
When in the opinion of the Enforcing Officer, any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, such officer may erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay and such action may, under such circumstances, be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any such action shall be assessed against the property and paid in the manner provided by 4-410.
(K.S.A. 12-1756; Ord. 23-3)
Whenever any structure is removed from any premises under the provisions of this act, the city clerk shall certify to the county appraiser that such structure, describing the same, has been removed.
(K.S.A. 12-1755; Ord. 23-3)
Any person affected by an order issued by the governing body under this article may, appeal said order to the Sedgwick County District Court pursuant to K.S.A. 60-2101(d).
Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this article shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, or to exercise those powers granted specifically by K.S.A. 12-1750 through 12-1756.
(Ord. 23-3)