(a) Upon repairing, removing, demolishing or otherwise abating the violating conditions or structure, the city shall give written notice to the owner of the total costs incurred by the city for such actions. The total costs may include:
(1) A reasonable cost for labor and equipment necessary to repair, remove, vacate, demolish or otherwise abate the violating conditions or structure, including the costs of making the site safe;
(2) The cost of providing notice, including postage and publication costs; and
(3) A reasonable administrative fee.
(b) The notice shall be served on the owner by certified, restricted delivery mail, and shall state:
(1) The sum of the total cost of removing or abating the condition or structure;
(2) That payment of such sum is due within 30 days of receipt of the notice;
(3) That if such sum is not paid within the 30-day period, such sum shall be assessed as a special assessment and charged against the subject property; and
(4) That in addition, such sum may be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto.
(c) If, after notice, the owner fails to pay the total cost of the removal or abatement, the City Clerk may:
(1) 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 the costs shall be paid to the owner of the premises upon which the structure was located;
(2) If the proceeds of the sale of salvage or the proceeds of any insurance policy in which the city has created a lien pursuant to K.S.A. 40-3901 et seq., are insufficient to recover the above stated costs, or 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 shall be assessed as special assessments against the lot or parcel of land on which the structure was located. The City Clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs to the County Clerk to extend the same on the tax rolls of the county against such property to be collected by the County Treasurer and paid to the city as other city taxes are collected and paid. The city may also pursue collection as 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; or
(K.S.A. 12-1,115)
(3) If there is no salvage material, or if the moneys 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 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. 1422, passed 4-14-2008)