Article 4. Unsafe or Dangerous Structures

9.4.1.     Duty of property/structure owner.

The governing body has found that there have existed, do exist and may exist from time to time in the future, within the corporate city limits, structures which are unfit for human habitation or use because of dilapidation, defects or conditions creating the hazards and risks of fire, accident or other catastrophe, structural defects, deterioration or other conditions which render such structures unsafe, dangerous, unsanitary, hazardous or otherwise inimical to the general welfare of the city or conditions which provide a general blight upon the neighborhood or surrounding properties in and around said structures. Therefore, it shall be the duty and obligation of any owner of a structure within the city which knows, or should know, or which is found pursuant to the provisions of this article, to be unsafe, dangerous, hazardous, or unfit for human habitation, to render the structure secure and safe, or to cause its removal or demolition.

9.4.2.     Definitions.

For and to effect the purposes of this article, the following words, terms and phrases shall have the following meaning:

Last Known Address includes the address where the property is located or an address as listed in the tax records.

Low or Moderate Income Housing means housing for persons and families with incomes within limitations prescribed by the Federal Department of Housing and Urban Development pursuant to Section 8 of the federal Housing and Community Development Act of 1937 as amended.

Organization means any nonprofit corporation organized under the laws of the state of Kansas having among its purposes the improvement of housing.

Rehabilitation any process of improving the property including, but not limited to, bringing property into compliance with applicable fire, housing and building codes.

9.4.3.     Enforcing officer; duties.

The enforcing officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article including, but not limited to, the following:

Inspect any structure which appears to be unsafe, dangerous, hazardous or unfit for human habitation, and to enter upon premises or property upon which is located any structure at reasonable hours for the purposes of making inspection;

Seek orders from a court of competent jurisdiction for the purpose of entering upon premises or property upon which a structure is located when such officer has been denied entry by the owner or occupant of such premises or property;

Report to the City Manager all structures which said officer believes to be unsafe, dangerous, hazardous or unfit for human habitation;

Receive such reports and petitions as may be provided for in this article.

9.4.4.     Procedure; petition; enforcing officer’s initiative; preliminary investigation and report of finding.

The enforcing officer make a written statement to the City Manager that any structure appears to be unsafe, dangerous, hazardous or unfit for human habitation. All written statements submitted to the City Manager by the enforcing officer pursuant to this section shall describe the structure and its location. Upon receipt of a complete report the City Manager shall forward the information to the Governing Body.

9.4.5.     Same; resolution of hearing.

Upon receiving a report as provided in section 9.4.4, the Governing Body shall by resolution fix a time and place at which the structure’s owner, the owner’s agent and any party in interest may appear before the Governing Body and show cause why the structure should not be condemned and ordered repaired or demolished.

9.4.6.     Same; publication of notice.

The resolution provided for in section 9.4.5 shall be published once each week, on the same day of each week for two (2) consecutive weeks, in the official city newspaper. At least thirty (30) days shall elapse between the last publication and the date fixed for the hearing.

Within three (3) days of the first publication, the city clerk shall cause a copy of the resolution to be mailed by certified mail, marked “deliver to addressee only,” to the structure’s owner, the owner’s agent and any party in interest at the last known address.

Additionally, all other notice provisions as set forth within 9.1.7 and 9.1.8 not in conflict with the provisions of this section shall apply.

9.4.7.     Same; hearing, findings; resolution; contents; notice.

On the date fixed for the hearing, or any adjournment or continuation thereof, the Governing Body shall hear all evidence submitted by the owner, the owner’s agent, lienholders of record, occupants or other parties of interest in the structure and all evidence submitted by the enforcing officer filing the statement.

If, after notice and hearing as provided for in this article, and upon hearing the evidence provided for in subsection (a) of this section, the Governing Body determines that a structure is unsafe, dangerous, hazardous or unfit for human habitation, it shall set forth in writing in the form of a resolution its findings of facts supporting such determination. The resolution shall also fix a reasonable period of time, to be determined by the Governing Body, within which the repair, removal or demolition of the structure shall be commenced in accordance with the determination of the Governing Body, and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time period established by the resolution, or fails to diligently prosecute and pursue the same until the work is completed, the Governing Body shall cause the structure to be razed and removed with no further notice required. The resolution provided for in this section shall be published once in the official city newspaper and the city clerk shall mail a copy of the resolution to the structure’s owner and any party in interest at the last known address in the same manner as provided for the notice of hearing.

If the Governing Body finds that the structure is abandoned property, the Governing Body may authorize the rehabilitation or demolition of such property as provided for by section 9.4.7. Such findings and authorization shall be set forth in the resolution provided for in this section.

9.4.8.     Duty to comply with resolution.

While all parties in interest are given an opportunity to be heard on the matter at the hearing, however, it is the duty of the owner(s) of such structure to comply with the mandates set forth within such published resolution.

9.4.9.     Failure to comply.

If, within the time specified in the resolution provided for in section 9.4.7, the owner fails to comply with said resolution and any orders contained therein to repair, alter, improve or vacate the structure, the enforcing officer may cause the structure to be repaired, altered, improved, vacated, demolished or closed.

If a specific action is not set forth within the resolution, the enforcing officer’s decision on the best course of action may be based entirely upon the enforcing officer’s determination of the safest and least expensive course of action.

Any occupancy permit shall be withdrawn, and noticed posted directly upon the front door of the structure. The enforcing officer shall take all necessary steps to remove any occupants from the property.

9.4.10.     Site to be made safe.

Upon removal of any structure pursuant to this article or otherwise, the owner shall fill any basement or excavation located upon the premises upon which was located the structure, secure all utilities and shall take any other action necessary to leave the premises in a safe condition. In the event the owner fails to take such actions as are prescribed by this section, the enforcing officer may proceed to make the site safe.

9.4.11.     Authorization to contract for services.

In the event the owner fails to comply as set forth in section 9.4.8 and it becomes necessary for the enforcing officer to repair, alter, improve, vacate, close, remove or demolish the structure, and/or make the site safe as provided for in this article, the enforcing officer is hereby authorized to contract for and obtain such services and equipment, public or private, the officer deems necessary and appropriate to complete tasks enumerated herein, and the enforcing officer shall adhere to and comply with applicable laws, regulations, ordinances and city policies concerning procurement of services and equipment.

9.4.12.     Assessment, funding and payment of costs.

The costs incurred by the city for any action undertaken by the enforcing officer pursuant to or incidental to this article shall be reported in detail and in writing by said officer to the city clerk. The city clerk shall keep an account of such costs, as well as any and all costs of notices, required by this article. The city clerk shall immediately cause the reportings and accountings required by this section to be entered in the appropriate city record and shall report the same to the City Manager and Governing Body.

The city clerk shall, within the ten (10) days of receipt of the enforcing officer’s report of costs, give notice by restricted mail to the owner of the structure of the costs required to be reported by subsection (a) of this section, and such notice shall include a statement requiring payment of the costs to the city within thirty (30) days following receipt of the notice. Should the owner refuse to take delivery of the notice and return is made to the city indicating such refusal, the city clerk shall send to the owner, by first class mail, the notice previously sent and receipt by the owner shall be deemed to have occurred upon such mailing. The city clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.

Should the costs remain unpaid after thirty (30) days of receipt of the notice by the owner, the city clerk may sell any salvage from the structure and apply the proceeds of such sale to pay said costs. Any proceeds received which exceed said costs shall be remitted to the owner within thirty (30) days of the conclusion of the sale.

Should the proceeds of any sale held pursuant to section 9.4.12(c) be insufficient to cover said costs, or if there exists no salvage, the city clerk shall, at the time required by law for the certification of the other city taxes, certify the unpaid portion of said costs to the Sedgwick County Clerk for extension of the same on the county tax rolls against the property upon which the structure was located.

In addition to levying a special assessment against the property upon which the structure was located as provided for in section 9.4.12(d), the city may also elect to collect the unpaid portion of the costs provided for herein in the manner provided by K.S.A. 12-1,115 and amendments thereto, and may pursue such remedy without limiting its ability to levy the special assessment, but only until such time as the full costs and any applicable interest has been paid in full.

If there is no salvageable material, or if the moneys received from the sale of salvage or from 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 incurred by the city pursuant to this article and/or the cost associated with notices required by this article, such costs or any portion thereof in excess of that received from the sale of salvage or any insurance proceeds may be financed, until such time as the costs are paid, out of the general fund.

(K.S.A. 12-1,115; K.S.A. 12-49-3901; K.S.A. 79-2940)

9.4.13.     Disposition of moneys received.

When and if paid, all moneys received from special assessments levied under the provisions of this article or from an action under K.S.A. 12-1,115 and amendments thereto, shall be placed in the general fund of the city.

(K.S.A. 12-1,115)

9.4.14.     Certification to county appraiser.

Whenever any structure is removed or demolished under the provisions of this article, the city clerk shall certify to the County Appraiser of Sedgwick County that such structure, describing the same, has been removed or demolished.

9.4.15.     Immediate hazard.

When, in the Governing Body’s opinion any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public or adjacent property, the Governing Body may direct the enforcing officer to take immediate action, without delay, to protect the safety of persons and properties including, but not limited to, the erection of barricades; causing the property upon which the structure is located or the structure to be vacated, taken down, repaired, shored or otherwise made safe. Such action by the governing body and enforcing officer may be taken without prior notice or hearing of the owners, agents, lienholders, occupants or other parties in interest. The costs shall be assessed in the same manner as provided in section 9.4.12.

9.4.16.     Appeals from order.

Any party in interest who has legal standing may, within thirty (30) days following publication of the resolution, petition the district court of Sedgwick County, Kansas, for an injunction restraining the enforcing officer from carrying out the provisions of the resolution pending final disposition of the case within the judicial system. Due to the determination that such structure is unsafe, dangerous, hazardous or unfit for human habitation, the time frame for compliance with the requirements of the resolution shall be stayed only by order of a court of competent authority.

9.4.17.     Rehabilitation of abandoned property; procedure; reports; redemption rights.

In the event the Governing Body declares the property abandoned as defined by and pursuant to this article the occupancy permit shall be deemed revoked and an organization may file a petition with the district court for an order for temporary possession of the property if the organization has sent notice to the enforcing officer and parties in interest by certified mail or registered mail, mailed to their last known address and posted on the property at least three (3) days but not more than thirty (30) days before the petition is filed of the organization’s intent to file a petition for possession pursuant to K.S.A. 12-1750 through and including K.S.A. 12-1756(e) and amendments thereto and this article.

The proceeding to obtain temporary possession of the property shall be in accordance with the proceedings prescribed by K.S.A. 12-1756(a) and amendments thereto.

Any organization which has possession of property pursuant to this article and K.S.A. 12-1756(a) and amendments thereto shall file an annual report with the Governing Body concerning the rehabilitation and use of the property, until such property is issued a valid occupancy permit by the City. The city shall require reports and status dates to be filed as it deems appropriate under the circumstances, but no less frequently than once a year. The report shall include statements of all expenditures made by the organization including, but not limited to, payments for rehabilitation, operation and maintenance of and repairs to the property, and for real estate taxes, and payments to mortgagees and lienholders during the preceding year and shall include statements of all income and receipts from the property for the preceding year.

Redemption rights of organizations in temporary possession of property pursuant to this article shall be as established and set forth in K.S.A. 12-1756(c-e) and amendments thereto.

(K.S.A. 12-1756(a)(c-e))

9.4.18.     Same; organizations interested in rehabilitation; enforcing officer’s duties.

The enforcing officer shall maintain a list of all organizations interested in rehabilitating abandoned property who have requested to be included on such list. The enforcing officer may require that requests to be included on such list be submitted annually to the enforcing officer in writing. The enforcing officer shall provide organizations on such list written notice of abandoned property which may be available for rehabilitation by any such organization.

9.4.19.     Scope of article.

Nothing in this Article shall be construed to abrogate or impair the power of the courts or any department of the city to enforce any provisions of its charter, ordinances or regulations, nor prevent or punish violations thereof, and the powers and authority conveyed and conferred by this Article shall be in addition to and supplemental to the powers conferred by the constitution and any other laws, ordinances or regulations. 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 through and including K.S.A. 12-1756 and amendments thereto.

(K.S.A. 12-1750; K.S.A. 12-1756)

9.4.20.     Notice, costs, and enforcement.

Notice, Costs, and Enforcement is pursuant to Article 1 of this Chapter unless otherwise stated within this Article.