For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)   Enforcing Officer. The Building Inspector or other officer designated by this article and charged with the administration of the provisions of this article.

(b)   Structure. Any building, wall or other structure.

(Ord. 497)

Whenever any building or structure in the city shall have become unsafe or dangerous, the governing body shall cause the repair or removal of the structure.

(K.S.A. 12-1751; Ord. 497)

Whenever the enforcing officer shall file with the governing body of the city a statement in writing that any structure, describing the same and where located is unsafe or dangerous, the governing body shall, by resolution, fix a time and place at which the owner, their agent, any lienholders of record, and any occupants of the structure, may appear and show cause why such structure should not be condemned and ordered repaired or demolished. Such resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hearing. A copy of the resolution shall be mailed by certified mail within three days after its first publication to each such owner, agent, lienholder and occupant, at their last known place of residence, and shall be marked “deliver to addressee only”; provided that, if the owner is a resident in Decatur County, the resolution shall be personally served within five days on such owner or delivered to their last known address in lieu of mailing the same, and, in this case, at least one week shall elapse between the service on such owner and the date set for the hearing.

(K.S.A. 12-1752; Ord. 497)

On the date fixed for bearing or any adjournment thereof, the governing body shall hear all evidence submitted by the owner, their agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings by resolution. If the governing body of the city shall find that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired or removed and the premises made safe and secure. Such resolution shall be published once in the official city paper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of bearing. 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 to repair or remove 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.

(K.S.A. 12-1753; Ord. 497)

The owner of any structure, upon removing the same, shall fill any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition.

(K.S.A. 12-1754; Ord. 497)

If the owner of any structure has failed to cornn1ence to repair or remove such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the city may proceed to raze and remove such structure, make the premises safe and secure, or let the same to contract. The city shall keep an account of the costs of such work and may sell the salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. All moneys in excess of that necessary to pay such costs shall, after the payment of all costs, be paid to the owner of the premises upon which the structure was located. If there is no salvageable material or if the moneys received from the sale of salvage is insufficient to pay the costs of such work, such costs or any portion thereof in excess of the amount received from the sale of salvage shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and the City Clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs and the County Clerk shall extend the same on the tax rolls of the county against the lot or parcel of land.

(K.S.A. 12-1755; Ord. 497)

Whenever any structure shall be removed from any premises under the provisions of this article, the City Clerk shall certify to the County Assessor that such structure, describing the same, bas been so removed.

(K.S.A. 12-1755; Ord. 497)

If there is no salvageable material or if the moneys received from the sale of salvage is insufficient to pay the costs of the work, such costs or any portion thereof in excess of that received from the sale of salvage may be financed, until the assessment is paid, out of the general fund or by the issuance of no-fund warrants. Whenever no-fund warrants are issued under the authority of this article, the governing body shall make a tax levy at the first tax levying period for the purpose of paying such warrants and the interest thereof. All such tax levies shall be in addition to all other levies authorized or limited by law and shall not be subject to the aggregate tax levy prescribed in K.S.A. Ch. 79, Art. 19 and an1endments thereto. Such warrants shall be issued, registered, redeemed and bear interest in the manner and in the form prescribed by K.S.A. 79-2940, except they shall not bear the notation required by such section and may be issued without the approval of the State Board of Tax Appeals. All moneys received from special assessments levied under the provisions of this article shall, when and if paid, be placed in the General Fund of the city.

(K.S.A. 12-1755; Ord. 497)

When, in the opinion of the enforcing officer, any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, such officer may erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay and such action may, under such circumstances, be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any such action shall be assessed against the property and paid in the manner provided by section 4-506 through 4-508 of this article.

(K.S.A. 12-1756; Ord. 497)