In addition to any other procedure that may now or hereafter be established by ordinance there is hereby established the following procedure for the abatement of dangerous structures and nuisance conditions within the city, and for the assessment and collection of the costs thereof.

(K.S.A. 12-1750:1756; Ord. 392; Code 2014)

(a)   Upon it appearing to the governing body that there exists in the city a dangerous structure or nuisance condition upon a property within the city, the governing body may adopt a resolution establishing a date, time and place within the city for the conduct by the governing body of a hearing thereof. Such resolution shall provide that the owner of the property, the owner’s agent, any landholders of record, and any occupant or tenant of the property may appear at such hearing to show cause why the structure should not be condemned and ordered repaired or demolished, or why the nuisance condition should not be abated.

(b)   If the subject of the hearing includes a structure which is believed to be a dangerous structure, the resolution shall be published once, a week for two consecutive weeks in the official newspaper of the city, and at least 30 days must elapse between the date of the last publication and the hearing date. A copy of the resolution shall be mailed to each owner and lien holder of record, and to any other known owner, agent, lien holder, occupant and tenant at the last known address for each, by restricted mail, marked “deliver to addressee only”, which mailing shall be made not later than the 3rd day after the date of the first publication thereof.

(c)   If the subject of the hearing relates only to a nuisance condition or conditions, not less than 10 days prior to the hearing date a copy of the resolution shall either be mailed to each owner and lien holder of record, and to any other known owner, agent, lien holder, occupant and tenant at the last known address for each, by restricted mail, marked “deliver to addressee only”, or shall be personally served upon anyone or more of such persons or parties.

(K.S.A. 12-1750:1756; Ord. 392; Code 2014)

(a)   The hearing shall be conducted by the governing body at a duly called and constituted meeting thereof conducted at the date, time and place as designated in the resolution. Such hearing may be continued from time to time as necessary to conclude such proceedings, without further notice other than the announcement at such proceedings of the date, time and place of the continuation of such hearing. At any hearing thereon any owner, agent, lien holder, occupant and tenant of the property, and any other party in interest, in person or by a duly designated representative, shall be entitled to appear before the governing body and offer testimony and evidence on the issue of the existence of a dangerous structure or nuisance condition. Formal rules of evidence prevailing in courts of law or equity shall not be controlling in such hearings. The governing body shall be entitled to establish reasonable rules and regulations for the conduct of such hearings, including the imposition of reasonable time limitations upon presentations of parties appearing before the governing body thereon.

(b)   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.

(K.S.A. 12-1750:1756; Ord. 392; Code 2014)

(a)   Any person or party demolishing a structure pursuant to the orders and directions of the governing body shall comply with all pertinent provisions of any building codes and regulations of the city, and shall pay or cause to be paid any required wrecking or demolition permit fee.

(b)   Upon removing such structure, such person or party shall cause any sanitary sewer connections to be properly sealed, shall fill any basement or other excavation located upon the premises, and shall take such other action as necessary to leave the premises in a clean and safe condition.

(c)   No person or party to whom a resolution has been directed pursuant to subsection (b) of Section 8-303 shall cause or permit the same or a substantially similar dangerous structure or nuisance condition to reoccur upon such property within three years thereafter.

(d)   No person or party to whom a resolution has been directed pursuant to subsection (b) of Section 8-303 shall relocate any such dangerous structure or materials therefrom or nuisance conditions thereon to another property within the city.

(K.S.A. 12-1750:1756; Ord. 392; Code 2014)

If the orders and directions of the governing body are not complied with for the repair or demolition of any dangerous structures or for the removal or abatement of any such nuisance conditions, the governing body may adopt a resolution directing that any such structure be repaired or demolished or that any such nuisance condition be removed or abated by the city, its agent or contractors.

(K.S.A. 12-1750:1756; Ord. 392; Code 2014)

(a)   After the conclusion of any abatement actions by the city pursuant to Section 8-305 , the city clerk shall give written notice to each owner, agent, lien holder, occupant and tenant of the costs thereof, such notice being sent by restricted mail, and shall include the following statements:

(1)   That such costs are due and payable within 30 days after the giving of such notice;

(2)   That if such costs or any portion thereof remain unpaid after 30 days the City Clerk will certify such costs to the county clerk to be assessed against the property; and

(3)   That if such assessments remain unpaid after one year from the date of the original assessment, the amount may be collected as a personal debt of the property owner by the commencement of an action in district court.

(b)   If such costs remain unpaid after 30 days following the giving of notice as provided in paragraph (a) above, the city clerk shall cause such costs to be assessed against the particular lot or piece of land by certifying such assessment to the county clerk at the time special assessments are certified for spreading on the tax rolls.

(K.S.A. 12-1750:1756; Ord. 392; Code 2014)

Any person or persons aggrieved by any determination or order of the governing body pursuant to this article may petition the district court of the county, within 30 days of the making of such determination or order, for an injunction restraining the city and its public officers, agents and contractors from carrying out the provisions of such determination or order.

(K.S.A. 12-1750:1756; Ord. 392; Code 2014)