(a) Upon receipt of the public officer’s written report of a violation, the Governing Body shall serve upon the owner of the premises a written order, which shall state:
(1) The condition which has caused the violation; and
(2) The owner shall have:
(A) Ten days from the receipt of the order to alleviate the exterior (yard) conditions violation; and/or
(B) Forty-five days from the receipt of the order to alleviate the exterior (structure) conditions violation.
(b) The owner may make a written request a hearing before the Governing Body within ten days of the receipt of the order.
(d) 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.
(e) The owner may contact the public officer if there are questions regarding the order.
(f) The order shall be served upon the owner by any of the following means:
(1) Personal service upon the owner;
(2) Certified mail, return receipt requested;
(3) In the event the whereabouts of the owner are unknown and cannot be ascertained with due diligence, an affidavit to that effect shall be made by the public officer and filed with the City Clerk, and notice shall be made by publication once each week for two consecutive weeks in the official city newspaper and by posting a copy of the notice or order on the premises where such condition exists;
(4) If the owner has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24-month period, the Governing Body of the city may provide notice of the issuance of any further orders to abate or remove a violating condition from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail; or
(5) If the property is unoccupied and the owner is a nonresident, notice provided this section shall be given by telephone communication or first class mail.
(g) The Governing Body shall grant one or more extensions to the time periods stated in subsections (a)(2)(A) and/or (a)(2)(B) above, if the owner demonstrates that due diligence is being exercised in the abatement of the violating conditions.
(K.S.A. 12-1617e) (Ord. 1423, passed 4-14-2008)