Buildings and Construction
15.28.020
Procedure for Abatement; Resolution; Publication and Notice; Hearing and Order; Duty of Owner; Failure to Comply; Safe Condition; Required Certification.
15.28.020 Procedure for Abatement; Resolution; Publication and Notice; Hearing and Order; Duty of Owner; Failure to Comply; Safe Condition; Required Certification. Whenever the Public Officer determines that any structure is dangerous, unsafe or unfit for human habitation, or abandoned property, he or she shall upon completion of a preliminary investigation, file a report with the Governing Body setting forth a description of the property, the findings of the investigation, and the basis for the determination.
A. Resolution. 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 lien holders of record and any occupant of the structure may appear and show cause why the 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. (K.S.A. 12-1752)
B. Publication and Notice. The 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 owner, agent, lien holder and occupant, at the last known place of residence and shall be marked "deliver to addressee only." (K.S.A. 12-1752)
C. Hearing and Order. 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 adopt a Resolution to be published once in a official city newspaper and a copy mailed to the owners, agents, lien holders 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, and to make the premises safe and secure, 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 repaired or razed or removed, and the premises made safe and secure, in the case of unsafe or dangerous structures, or rehabilitated, in the case of abandoned property. (K.S.A. 12-1753)
D. Duty of Owner. 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.
E. Failure to Comply. 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 Public Officer may cause the structure to be repaired, altered, improved, or to be vacated and closed. 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. In the case of abandoned property, the Governing Body may authorize the rehabilitation of the property in accordance with K.S.A. 12-1756a.
F. Safe Condition. 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 and secure condition. If the owner fails to take such action, the enforcing officer may proceed to make the site safe. (K.S.A. 12-1754)
G. Required Certification. Upon removal of any structure under this Chapter, the City Clerk shall certify to the County Appraiser that the structure has been removed from the described property. (Ord. 2835, 2007 )