[Code 1983; CC 2000 §8-1A01]
The following words and phrases, when used in this Article,
shall have the following meanings:
Any residential real estate for which taxes are delinquent
for the preceding two (2) years and which has been unoccupied continuously
by persons legally in possession for the preceding one (1) year.
Includes structures which are structurally unsafe or not
provided with adequate egress or which constitute a fire hazard or
are otherwise dangerous to human life or which in relation to existing
use, constitute a hazard to safety or health or public welfare by
reason of inadequate maintenance, dilapidation, obsolescence, fire
hazard or abandonment as specified in this Code or any other effective
ordinance and all such structures are hereby declared to be a public
nuisance.
The Building Inspector or other officer designated by ordinance
and charged with the administration of the provisions of this act.
Includes the address where the property is located or the
address as listed in the tax records.
Includes any building, wall or other structure or part thereof.
[Code 1983; CC 2000 §8-1A02]
The City Inspector is hereby designated as the enforcing officer
charged with the administration of the provisions of this Article.
[Code 1983; CC 2000 §8-1A03]
It shall be unlawful to maintain or allow the existence of any
dangerous or hazardous structure in the City and it shall be unlawful
for the owner, occupant or custodian of any dangerous or hazardous
structure to permit the same to remain in such a dangerous or hazardous
condition or to occupy, permit occupation or otherwise utilize such
a structure while it remains in a dangerous or hazardous condition.
[Code 1983; CC 2000 §8-1A04]
A.
Whenever
the enforcing officer shall file with the Governing Body a statement
in writing that any structure, describing the same and where located,
is unsafe or dangerous or is abandoned property, the Governing Body
shall by resolution fix a time and place at which the owner, the owner's
agent, any lienholder of record and any occupant of such structure
may appear and show cause why such 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.
B.
Such
resolution shall be published once each week for two (2) consecutive
weeks on the same day of each week. At least thirty (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 (3) days after its first (1st) publication to each such owner,
agent, lienholder or occupant at their last known address and shall
be marked "Deliver to Addressee Only". If the owner is a resident
of the County, the resolution shall be personally served within five
(5) days on such owner or delivered to their last known address in
lieu of mailing the same and, in this case, at least one (1) week
shall elapse between the service on such owner and the date set for
the hearing.
[Code 1983; CC 2000 §8-1A05]
On the date fixed for hearing or any adjournment thereof, the
Governing Body shall hear all evidence submitted by the owner, the
owner's agent, lienholders of record and occupants having an interest
in such structure, as well as evidence submitted by the enforcing
officer filing the statement, and shall make findings by resolution.
If the Governing Body finds 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. If the Governing Body of the
City finds that such structure is abandoned property, the Governing
Body may authorize the rehabilitation of such property as provided
by K.S.A. 1999 Supp. 12-1756a. Such resolution shall 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
in the notice of hearing. The resolution shall fix a reasonable time
within which the repair or the 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 repaired
or razed and removed in the case of unsafe or dangerous structures
or rehabilitated in the case of abandoned property.
[Code 1983; CC 2000 §8-1A06]
The enforcement officer shall place a notice on the particular
structures found by the enforcement officer to be unsafe or dangerous,
reading as follows:
"This structure has been found to be unsafe or dangerous by
the enforcement officer of the City of Mission. This notice is to
remain on this building until it is repaired or demolished in accordance
with the notice which has been given the owner, the owner's agent,
any lienholder of record and any occupant of this structure."
[Code 1983; CC 2000 §8-1A07]
Any structure condemned as unfit for human habitation and so
designated and placarded by the enforcement officer shall be vacated
within thirty (30) days after notice of such condemnation has been
given to the owner, the owner's agent, any lienholder of record and
any occupant of the structure.
[Code 1983; CC 2000 §8-1A08]
No structure which has been condemned and placarded as unfit
for human habitation shall again be used for human habitation until
approval is secured from and such placard is removed by the enforcement
officer. The enforcement officer shall remove such placard whenever
the defect upon which the condemnation and placarding action were
based has been eliminated.
[Code 1983; CC 2000 §8-1A09]
No person shall deface or remove the placard from any structure
which has been condemned as unfit for human habitation and placarded
as such, except as provided in this Article.
[Code 1983; CC 2000 §8-1A10]
A.
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 thereof to pay the cost
of removing such structure and making the premises safe and secure.
All monies in excess of that necessary to pay such costs and the cost
of publications of notice and any postage for mailing of notice, after
the payment of all costs, shall be paid to the owner of the premises
upon which the structure was located.
B.
The
City shall give notice to the owner of such structure by registered
mail of the total cost incurred by the City in removing such structure
and making the premises safe and secure and the cost of providing
notice. Such notice also shall state that payment of such cost is
due and payable within thirty (30) days following receipt of such
notice. If the cost is not paid within the thirty (30) day period
and if there is no salvageable material or if monies 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,
12-115, 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, 12-115, 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.
C.
If
there is no salvageable material, or if the monies 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 costs of the work
and the cost of providing notice, such costs or any portion thereof
in excess of that received from the sale of salvage or any insurance
proceeds may be financed, until the costs are paid, out of the general
fund or by the issuance of no-fund warrants. Whenever no-fund warrants
are issued under the authority of this act, the Governing Body shall
make a tax levy at the first (1st) tax levying period for the purpose
of paying such warrants and the interest thereon. All such tax levies
shall be in addition to all other levies authorized or limited by
law and shall not be subject to the aggregate tax levy prescribed
in Article 19 of Chapter 79 of the Kansas Statutes Annotated, and
amendments thereto. Such warrants shall be issued, registered, redeemed
and bear interest in the manner and in the form prescribed by K.S.A.
79-2940, and amendments thereto, except they shall not bear the notation
required by that Section and may be issued without the approval of
the State Board of Tax Appeals. All monies received from special assessments
levied under the provisions of this Section or from an action under
K.S.A. 12-1, 12-115, and amendments thereto, when and if paid, shall
be placed in the general fund of the City.
[Ord. No. 235 §10, 2-27-1963; Code 1983; CC 2000 §8-1A11]
When, in the opinion of the enforcing officer, any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, such officer may erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay and such action may, under such circumstances, be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any such action shall be assessed against the property and paid in the manner provided by Section 510.100.
[Ord. No. 235 §11, 2-27-1963; Code 1983; CC 2000 §8-1A12]
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 such premises in a safe condition.
