(a) (1) At the hearing, the owner may be represented by counsel, and the owner and the city may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body.
(2) The hearing need not be conducted according to the formal rules of evidence.
(b) Upon conclusion of the hearing, if the Governing Body determines that the alleged violating structure is dangerous, unsafe or unfit for human use or habitation, its findings shall be prepared in resolution form and adopted by the Governing Body. The resolution shall state:
(1) A description of the violating conditions of the structure;
(2) A reasonable time within which the repair or removal of such structure shall be commenced;
(3) 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; and
(4) The cost of abating the violating conditions, including a reasonable administrative fee, will be assessed against the owner, and if not paid within 30 days, such costs and fees will be added to the property tax of the property as a special assessment.
(c) The resolution shall be published once in the official city newspaper and a copy of the resolution shall be mailed by certified mail within three days after its publication to each owner, lien holder and occupant of the premises at the fast known place of residence for each and shall be marked “deliver to addressee only.”
(d) Any person affected by any determination of the Governing Body under this section may appeal such determination in the manner provided by K.S.A. 60-2101.
(Ord. 1422, passed 4-14-2008)