(a) The governing body declares the purpose of this code is to protect, preserve, and promote the physical and mental health of the people, investigate and control communicable diseases, regulate privately and publicly-owned structures or dwellings, and all premises for the purpose of sanitation and public health, general appearance, and safety of the people. The governing body has found that there exist within the corporate limits of the City structures which are unsafe or 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.
(b) Structures located within the City Limits, shall conform to the requirements of this code. Each structure shall be maintained in good repair by the owner or agent. The roof shall be maintained so as not to leak and all rainwater shall be drained therefrom so as not to cause dampness in the walls or ceilings. All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls, and ceilings shall be kept in good repair and usable condition.
(c) This policy shall:
(1) Establish minimum standards for basic equipment and facilities for light, ventilation and hearing, for safety from fire, for the use and location and amount of space for human occupancy, and for safe and sanitary maintenance;
(2) Establishes standards concerning unsightly and blighted buildings and premises, both residential and non-residential structures;
(3) Determines the responsibilities of owners, operators and occupants; and
(4) Provides for the administration and enforcement thereof.
(Ord. 1589; K.S.A. 12-1751; Code 2021)
For the purpose of this article, the following words and terms shall have the following meanings:
(a) Dwelling- shall mean any building which is wholly or partly used or intended to be used for living or sleeping by human occupants;
(b) Structure means any building, wall or other structure.
(c) Abandoned property means:
(1) Any residential real estate for which taxes are delinquent for the preceding two years and which has been unoccupied continuously by persons legally in possession for the preceding 90 days; or
(2) commercial real estate for which the taxes are delinquent for the preceding two years and which has a blighting influence on surrounding properties. “Commercial real estate” means any real estate for which the present use is other than one to four residential units or for agricultural purposes.
(d) Blighting influence means conditions in such structure which are dangerous or injurious to the health safety or morals of the occupants of such buildings or other residents of the municipality or which have an adverse impact on properties in the area. Such conditions may include but are not limited to the following: Defects increasing the hazards of fire accident, or other calamities; air pollution; light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; dead and dying trees limbs or other unsightly natural growth or unsightly appearances that constitute a blight to adjoining property, the neighborhood or the City; walls sidings or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment supplies machinery, trucks or automobiles or parts thereof; vermin infestation; inadequate drainage; or any violation of health, fire, building or zoning regulations.
(e) Organization means any nonprofit corporation organized under the laws of this state and which has among its purposes the improvement of housing.
(f) Rehabilitation means the process of improving the property into compliance with applicable fire, housing and building codes.
(g) 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.
(h) Last known address includes the address where the property is located, or the address as listed in the tax records.
(i) Occupant shall mean any person living, sleeping cooking or eating in, or having actual possession of a dwelling;
(j) Owner shall mean any person, firm, or corporation, who jointly or severally, along with others, shall be in actual possession of, or have charge, care and control of any structure or dwelling within the City as owner, employee, or agent of the owner, or as trustee or guardian of the estate or person of the title holder and such person shall be deemed and taken to be the owner of such property within the true intent and meaning of this ode and shall be bound to comply with the provisions of this article to the same extent as the record owner and notice to any such person shall be deemed and taken to be good and sufficient notice as if such person or persons were actually the record owner of such property;
(k) Lienholder shall mean any lending institution or individual who holds a mortgage or lien on said property;
(l) Enforcing officer means the building inspector or other officer designated by ordinance and charged with the administration of the provisions of this act.
(Ord. 1589; K.S.A. 12-1750; Code 2021)
(a) The governing body of any City shall have the power to cause the repair or removal of, or to remove any structure located within the City, which may have become unsafe or dangerous.
(b) The governing body of any City shall have the power to cause the rehabilitation of or to rehabilitate any abandoned property located within the City.
(Ord. 1589; Code 2021)
The City Council, shall annually, appoint an enforcing officer to assist the City with the procedures necessary to carry out the purposes of this article.
(Ord. 1589; Code 2021)
The enforcing 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 enforcing 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;
(d) Receive petitions as provided in this article.
(K.S.A. 12-1752; Code 2021)
Whenever a petition is filed with the enforcing officer by at least five (5) residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the enforcing 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, report such findings to the governing body.
(Ord. 1589; Code 2021)
The governing body upon receiving a report as provided herein shall by resolution fix a time and place at which the owner, the owner’s agent, any lienholder of records and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished.
(Ord. 1589; K.S.A. 12-1752; Code 2021)
(a) The resolution shall be published once each week for two consecutive weeks on the same day of each week. At least thirty (30) days shall elapse between the last publication and the date set for the hearing.
(b) A copy of the resolution shall be mailed by certified mail within three (3) days after its first publication to each owner, agent, lienholder and occupant at the last known place of residence and shall be marked “deliver to addressee only.”
(Ord. 1589; K.S.A. 12-1752; Code 2021)
If, after notice and hearing, the governing body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall cause the resolution to be published once in the official City newspaper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be razed and removed.
(Ord. 1589; Code 2021)
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.
(Ord. 1589; Code 2021)
(a) If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the enforcing 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 enforcing officer may cause the structure to be removed and demolished.
(Ord. 1589; Code 2021)
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 enforcing officer may proceed to make the site safe.
(Ord. 1589; Code 2021)
(a) The cost to the City of any repairs, alterations, improvements, vacating, removal or demolition by the enforcing officer, including making the site safe, shall be reported to the City Clerk.
(b) The City shall give notice to the owner of the structure by restricted mail of the cost of removing the structure and making the premises safe and secure. The notice shall also state that payment of the cost is due and payable within 30 days following receipt of the notice.
(c) If the costs remain unpaid after thirty (30) days following receipt of notice, the City Clerk 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.
(d) If the proceeds of 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 recover the above stated costs, or if there is no salvage, the balance shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments 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 to the county Clerk and who shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the City as other City taxes are collected and paid. 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 applicable interest has been paid in full.
(e) If there is no salvage material, or if the 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 costs of the work and the costs of providing notice, such costs or any portion thereof in excess of that received from the sale of salvage or any insurance proceeds may be financed, until the costs are paid, out of the general fund or by the issuance of no-fund warrants.
(Ord. 1589; K.S.A. 12-1755; Code 2021)
When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the enforcing officer to erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any action under this section shall be assessed against the property as provided in Section 8-410.
(Ord. 1589; K.S.A. 12-1756; Code 2021)
Any person affected by an order issued by the governing body under this article may, within 30 days following service of the order, petition the district court of the county in which the structure is located for an injunction restraining the enforcing officer from carrying out the provisions of the order pending final disposition of the case.
(Ord. 1589; Code 2021)
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. 12-1750:1756.
(Ord. 1589; Code 2021)