§ 4-609 SAME; FAILURE TO COMPLY.

   (a)   If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the enforcing officer may cause the structure to be repaired, altered, improved or to be vacated and closed.

   (b)   If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the structure, the enforcing officer may cause the structure to be removed and demolished.

(Ord. 617, passed 9-20-2004)

§ 4-610 SAME; MAKE SITE SAFE.

   (a)   Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition.

   (b)   If the owner fails to take such action, the enforcing officer may proceed to make the site safe.

(Ord. 617, passed 9-20-2004)

§ 4-611 ASSESSMENT OF COSTS; FINANCE.

   (a)   The costs to the city of any repairs, alterations, improvements, vacating, removal or demolition by the enforcing officer, including making the site safe, shall be reported to the City Clerk.

   (b)   The city shall give notice to the owner of the structure by certified mail of the costs of removing the structure and making the premises safe and secure and the costs of providing notice. The notice shall also state that payment of the costs is due and payable within 30 days following receipt of the notice.

   (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 such costs and the costs of providing notice shall be paid to the owner of the premises upon which the structure was located.

   (d)   If the proceeds 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 recover the above stated costs, of if there is no salvage, the balance shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or it shall be assessed as special assessments 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 to the County Clerk who shall extend the same on the tax roll 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 costs and applicable interest has been paid in full.

   (e)   If there is no salvage 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. 40-3091 et seq., and amendments thereto, are insufficient to pay the costs of the work and the costs 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.

(Ord. 617, passed 9-20-2004)

§ 4-612 IMMEDIATE HAZARD.

   When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the enforcing officer to erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The costs of any action under this section shall be assessed against the property as provided in § 4-611.

(Ord. 617, passed 9-20-2004)

§ 4-613 APPEALS FROM ORDER.

   Any person affected by an order issued by the governing body under this article may, within 30 days following service of the order, petition the district court of the county in which the structure is located for an injunction restraining the enforcing officer from carrying out the provisions of the order pending final disposition of the case.

(Ord. 617, passed 9-20-2004)