(a) It shall be unlawful for any person acting independently or on behalf of any entity to erect any structure for which a building permit has not been obtained; to erect a structure that does not comply with the plans and specifications which accompanied a building permit application for which a building permit was approved; or to fail to comply with any of the provision set forth in Sections 4-209 through and including Section 4-216 above. Each day the person or entity fails to comply with the provision of this section shall be considered a separate and recurring violation.
(b) Any person acting independently or on behalf of any entity who fails to comply with any of the provision set forth in Sections 4-209 through and including Section 4-216 above, shall upon conviction be guilty of a code violation punishable as a Class C violation under Article 12, Sections 12.1(a)(3) and 12.2(a)(3) of the Uniform Public Offense Code of Kansas Cities as currently adopted by the city.
(c) Any structure erected for which a building permit was not obtained or any structure erected that was not constructed in compliance with the plans and specifications submitted to the city with a building permit application for which an approved building permit was issued, shall be presumed to constitute a public nuisance which the offending party will be required to abate, the costs of which shall be paid by the offending party. If the city is required to take remedial action to abate the nuisance or remove the offending structure, the city will be entitled to recover the costs of abatement and/or demolition of the offending structure. Such costs may be collected by the city in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as a special assessment and charged against the lot or parcel of land upon which the offending structure was erected 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 and it shall be collected by the County Treasurer and paid to the city as other city taxes are collected and paid. 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 applicable interest has been paid in full.
(d) The necessity in the public interest for the provisions and prohibitions enacted and contained in this chapter, article and section is declared as a matter of legislative determination, and the public prohibitions enacted and contained in this section and article are in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, prosperity and the peace of the city and its inhabitants.
(Ord. 499; Code 2016)