Buildings and Construction
Assessment of Costs.
15.28.030 Assessment of Costs. A. The City shall give notice to the owner of the structure by restricted mail of the total cost of removing the structure, making the premises safe and secure, and the cost of providing notice, and shall keep an account of such costs. The notice shall state that payment of the cost is due and payable within 30 days following receipt of the notice.
B. The amount of the cost of the repairs, alterations, improvements, vacating and closing or removal or demolition by the Public Officer shall be a lien against the real property upon which the cost was incurred. Such lien shall include allowance of the officer's costs and the necessary attorney's fees and may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property.
C. If the costs remain unpaid after 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 costs remain unpaid after 30 days following receipt of notice, 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)
E. If a party other than the owner of the property claims an interest in proceeds to be paid pursuant to this Chapter, any such proceeds shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the Public Officer after deducting the costs of such judicial proceedings, including necessary attorneys' fees incurred therein, as determined by the Court. (Ord. 2835, 2007; Prior code 3-103)