For the purpose of this article, the following words and phrases shall mean:

(a)   Structures shall mean and include any building, wall, or other structure, and;

(b)   Enforcing Officer and Public Officer shall mean building inspector or other officer designated by ordinance and charged with the administration of the provision of this article.

(c)   Residential Structure or Dwelling shall mean any building, or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any appurtenances belonging thereto or usually enjoyed therewith.

(d)   Non-Residential Structure shall mean any structure which is used for other than residential purposes or a part of such structure, or a part of which is used for other than non-residential purposes, and the premises on which such structures are situated.

(Ord. 758, Sec. 1)

The zoning administrator is hereby designate and appointed as the enforcing officer to exercise the powers prescribed by this article, and shall be hereinafter referred to as the enforcing officer. The officer shall also be and have the power of the public officer authorized by K.S.A. 17-4759.

(Ord. 758, Sec. 2)

The governing body of the city hereby finds that there are structures within the city limits which are unfit for human use or habitation due to dilapidation and defects, which are increasing the hazards of fire, accidents or other calamities, some of which lack ventilation, light, or sanitary facilities, and are dangerous or detrimental to the health, safety and general welfare of the residents of the city and which have a blighting influence on properties in their vicinity.

(Ord. 758, Sec. 3)

(a)   Whenever a petition is filed with the public officer or enforcing officer by at least five residents of the municipality charging that any structure is unfit for human use or habitation, or whenever it appears to the public officer or enforcing officer (on his or her own motion) that any structure is unfit for human use or habitation, he or she shall, if in the preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgage of record and all parties in interest in such structure (including persons in possession) a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the public officer or enforcing or his or her designated agent at a place therein fixed, not less than 10 days nor more than 30 days after the serving of the complaint, that the owner, mortgage and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling at hearing before the public officer or enforcing officer.

(b)   If after such notice and hearing, the public officer determines that the structure under consideration is unfit for human use or habitation he or she shall state in writing his or her findings and facts in support of such determination and shall issue and cause to be served upon the owner thereof an order which;

(1)   If the repair, alteration or improvement of the structure can be made at a reasonable cost in relation to the value of the structure, which shall not exceed 50 percent of the fair market value of such structure, the owner of the property shall within the time specified in the order, repair, alter or improve such structure to render it fit for human use or habitation or shall vacate and close the structure until conformance with this article is made; or

(2)   If the repair, alteration or improvement of the structure cannot be made at a reasonable cost in relation to the value of the structure, that is, under 50 percent of the fair market value, which is hereby fixed as a reasonable cost by the governing body, the owner shall within the time specified in the order remove or demolish such structure.

(3)   If the owner fails to comply with an order to repair, alter, or improve, or to vacate and close the structure, within the time provided in the order, not to exceed 60 days, the public officer or enforcing officer m ay cause such structure to be repaired, altered or improved, or to be vacated and closed.

(4)   If the owner fails to comply with an order to remove or demolish the structure within the time provided in the order, not to exceed 60 days, the public officer or enforcing office: may cause such structure to be removed or demolished.

(5)   The time limit herein imposed may be extended by the public officer or enforcing officer upon application, in writing and good cause shown.

(c)   The amount of the cost of such repairs, alterations, or improvements, or vacating and closing, or removal or demolition by the public officer or enforcing officer shall be a lien against the real property upon which such cost was incurred and such lien, including as part thereof allowance for his or her costs and the necessary attorney’s fees, may be foreclosed in judicial proceedings in the manner provided by law for loans secured by liens on real property 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 shall at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs to the county clerk to be placed on the tax rolls of the county against the lot or parcel of land. If the structure is removed or demolished the materials of the structure shall be sold and the proceeds thereof credited against the cost of the removal of demolition and if there be any balance remaining it shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the public officer or his or her delegate after deducting the costs of such judicial proceedings, including necessary attorney’s fees incurred therein, as determined by the court.

(d)   The public officer may determine that a structure is unfit for human use or habitation if he or she finds that conditions exist in such structure which are dangerous or injurious to the health, safety, general welfare or morals of the occupants of such buildings or other residents of the city or which have a blighting influence on properties in the area.

(Ord. 758, Sec. 4)

Complaints or orders issued by the public officer shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons in unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the servicing of such complaint or order upon such persons may be made by publishing the same once each week for two consecutive weeks in a newspaper printed and published in the city. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the clerk of the district court of the county in which the structure is located and such filing shall have the same force and effect as other lis pendens notices provided by law.

(Ord. 758, Sec. 5)

Any person affected by the order issued by the public officer, may, within five days, appeal the decision to the city council, which shall hear and determine the appeal at its next regular meeting. An appeal may be made by the person from the order of the city council to the district court of Montgomery County, Kansas, pursuant to K.S.A. 17-4759, as amended.

(Ord. 758, Sec. 6)

A public officer or enforcing officer is hereby authorized to exercise such powers as may be necessary or convenient to carry or effectuate the purposes and provisions of this article, including, without limitation, the following powers in addition to others herein granted:

(a)   To investigate the structural conditions in the municipality in order to determine which structures therein are unfit for human use or habitation;

(b)   To administer oaths, affirmations, examine witnesses and receive evidence;

(c)   To enter upon premises for the purpose of making examinations; provided that such entry shall be made in a reasonable manner at reasonable times, and to obtain an order for this purpose from a court of competent jurisdiction in the event that entry is resisted or denied.

(d)   To appoint and fix the duties of such officers, agents, and employees as he or she deems necessary to carry out the purposes of this article;

(e)   To delegate any of his or her functions and powers under this article to such officers, agents and employees as he or she may designate.

(f)   To adopt and promulgate such rules or regulations as may be reasonably necessary to carry out the purposes and provisions of this article.

(Ord. 758, Sec. 7)

(a)   Whenever the enforcing officer shall file with the governing body a statement in writing that any structure is unsafe or dangerous, the governing body shall by resolution fix a time and place at which the owner, his or her agent, any lienholders or record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished. 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, and his, her or its last known place of residence and shall be marked “Delivered to Addressee only” provided, that if the owner is a resident of Montgomery County, Kansas, the resolution shall be personally served within five days on such owner or delivered to their last known address and in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.

(b)   The governing body shall hear all evidence submitted by the owner, his or her agent, lienholders of record and occupants having an interest in the structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings by resolution. If the governing body shall find 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. Such resolution shall be published once in the official city paper and a copy mailed to the owners, agents lienholders of records and occupants in the same manner provided herein for the notice of hearing. The resolution shall fix a reasonable time, nor to exceed 60 days, within which the repair or removal of such structure shall be commenced and the statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails diligently to prosecute the same until the work is completed, the governing body will cause the structure to be razed and removed.

(c)   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 the premises in safe condition.

(d)   If the owner of any structure has failed to commence the repair or removal of such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the city may proceed to raze and remove such structure, make the premises safe and secure, or let the same to contract. The city shall keep an account of the cost of such work and may sell the salvage from such structure and apply the proceeds or any necessary portion hereof to pay the cost of removing such structure and making the premise safe and secure. All moneys in excess of that necessary to pay such costs, shall, after the payment of all costs be paid to the owner of the premise upon which the structure was located.

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 premise safe and secure 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. 4 0-3901 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. 1985 Supp. 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. 1985 Supp. 12-1,115, and amendments thereto, but only until the full cost and any applicable interest has been paid in full.

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.

(Ord. 995; Code 2022)

It shall be unlawful for any person, firm, corporation, association, or partnership, to use or occupy or permit to be used or occupied any structure which has been found to be dangerous, unsafe or otherwise injurious to the public health, safety, morals or welfare. It shall further be unlawful for any person, firm, corporation, association, or partnership to fail to obey the duly issued orders or resolutions of the public officer, enforcing officer or governing body asset out above within the time specified therein. It shall further be unlawful for any person, firm, corporation, association, or partnership to refuse to clean, or cause to be cleaned, from the premises, all debris, rubbish and discarded building material or refuse to fill all open wells, cisterns, cellars, basements and other excavations remaining on lots or parcels of land from which structures have been razed or removed. Any person or corporation convicted of a violation of this section shall upon conviction be fined not less than $5 nor more than $l00 or be imprisoned not less than five days nor more than 30 days, or be both so fined and imprisoned, provided that each day that the condition causing the offense is permitted to continue shall constitute a separate offense.

(Ord. 758, Sec. 9)