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For the purpose of this chapter, the following words and terms shall have the following meanings:
ENFORCING OFFICER | The Building Inspector or his or her authorized representative. |
STRUCTURE | Shall include any building, wall, superstructure or other structure which requires location on the ground or below the ground, or is attached to something having a location on the ground. |
(K.S.A. 12-1750) (Ord. 1207, 7-6-2020)
The enforcing officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this chapter, including the following:
A. Inspect any structure which appears to be unsafe, dangerous or unfit for human habitation;
B. Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made to cause the least possible inconvenience to any person in possession of the structure. If entry is denied, the enforcing officer may seek an order for this purpose from a court of competent jurisdiction;
C. Report all structures which he or she believes to be dangerous, unsafe or unfit for human habitation to the governing body;
D. Receive petitions as provided in this chapter. (Ord. 1207, 7-6-2020)
Whenever a petition is filed with the enforcing officer by at least five (5) residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the enforcing officer on his or her own motion that any structure is dangerous, unsafe or unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, report such findings to the governing body. (Ord. 1207, 7-6-2020)
The governing body upon receiving a report as provided in Section 4-3-4 shall by resolution fix a time and place at which the owner, the owner's agent, any lienholder of records and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished. (K.S.A. 12-1752) (Ord. 1207, 7-6-2020)
A. The resolution shall be published once each week for two (2) consecutive weeks on the same day of each week. At least thirty (30) days shall elapse between the last publication and the date set for the hearing.
B. A copy of the resolution shall be mailed by certified mail within three (3) days after its first publication to each owner, agent, lienholder and occupant at the last known place of residence and shall be marked "deliver to addressee only." (K.S.A. 12-1752) (Ord. 1207, 7-6-2020)
If, after notice and hearing, the governing body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall cause the resolution to be published once in the official City newspaper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and 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 repaired or, razed and removed. (Ord. 1207, 7-6-2020)
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. 1207, 7-6-2020)
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