Ordinance No. 113

 
Repeal & Replacement of Ordinance No. 62  Unsafe, Unsanitary and Dangerous Structures



AN ORDINANCE REPEALING ORDINANCE NO. 62 OF THE CITY OF BURDETT, KANSAS AND REPLACEMENT THEREOF WITH THIS ORDINANCE PROVIDING 
PROCEDURES FOR REPAIR, CLOSING, DEMOLITION OR REMOVAL OF UNSAFE, UNSANITARY, AND DANGEROUS STRUCTURES WITHIN THE CITY OF 
BURDETT, KANSAS, FURTHER PROVIDING FOR ENFORCEMENT AND PENALTIES FOR VIOLATIONS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BURDETT, KANSAS:

Section 1. Purpose

The governing body has found that there exist within the corporate limits of the city, structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards of fire or accidents, structural defects or other conditions which render such structures unsafe, unsanitary or otherwise inimical to the general welfare of the city, or conditions which provide a general blight upon the neighborhood or surrounding properties.  It is hereby deemed necessary by the governing body to require or cause the repair, closing or demolition or removal of such structures as provided in this ordinance.  (K.S.A. 12-1751 and K.S.A. 17-4759)

Section 2. Definitions
For the purpose of this ordinance, the following words and terms shall have the following meanings:
(a) 
Enforcement Officer is synonymous with public officer under this ordinance and means the person designated and charged with the administration of the provisions and duties set out in this ordinance or the authorized representative of the enforcement officer.
(b) 
Residential Structure or Dwelling means any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any appurtenances belonging thereto or usually enjoyed therewith.
(c) 
Nonresidential Structure means any structure which is used for other than residential purposes, or a part of such structure, or a structure a part of which is used for other than residential purposes and, where applicable, the premises on which such structures are situated.
(d) 
Abandoned Property means (1) Any residential real estate for which taxes are delinquent for the preceding two years and which has been unoccupied continuously by persons legally in possession for the preceding 90 days; or (2) commercial real estate for which the taxes are delinquent for the preceding two years and which has a blighting influence on surrounding properties.  "Commercial real estate" means any real estate for which the present use is other than one to four residential units or for agricultural purposes.
(e) 
Municipality shall mean the City of Burdett, Kansas.
(f) 
Mayor shall mean the mayor of the City of Burdett, Kansas or other officer having the duties customarily imposed upon the executive head of the municipality.
(g) 
Governing Body shall mean the City Council of Burdett, Kansas.
(h) 
Last Known Address includes address where the property is located, or as the address listed in the tax records.

Section 3. Designation of Enforcement Officer
The mayor with the approval of the majority of the City Council shall appoint the enforcement officer - public officer upon acceptance of duties, responsibilities and agreement to exercise the powers described by this or subsequent ordinances enacted by the authority of the City of Burdett, Kansas and shall serve as such officer.

Section 4. Enforcement Officer; Duties
The enforcing officer is hereby authorized to exercise such powers as my be necessary to carry out the purposes of this ordinance, including the following:
(a) Inspect any structure which appears to be unsafe,  dangerous or unfit for human use or habitation;
(b) Have authority to enter upon premises at reasonable hours for the purpose of making such inspections.  Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure.  If entry is denied, the enforcing officer may seek an affirmative order for this purpose from a court of competent jurisdiction; or if refusal of entry is in violation of this ordinance the enforcing officer may file a complaint in the municipal court of the city.
(c) Report all structures which the enforcing office believes to be unsafe, dangerous, or unfit for human use or habitation to the governing body or the municipal court as provided hereinafter;
(d) Receive complaints and petitions as permitted by this ordinance.


Section 5. Right of Entry
It shall be a violation of this ordinance to deny the enforcement officer the right of access to enter upon the property and structures at reasonable time for the authorized purpose of inquiry and inspection of the property alleged to be unsafe, dangerous and unfit for human use or habitation.

Section 6. Procedure Petition
Whenever a petition is filed with the enforcing officer by at least five residents charging that any structure is unsafe, dangerous, or unfit for human use or habitation or is abandoned property, or the enforcing officer is informed by the board of health, fire chief or when it appears to the enforcing officer on his or her own motion that any structure is unsafe, dangerous, or unfit for human use or habitation or is abandoned property, the enforcing officer, if the officer's inquiry and investigation discloses a basis for such charges, shall report such findings to the governing body.  Upon receipt of the report by the governing body it may in its discretion direct the enforcing officer to initiate informal communications with the owner, occupant and other parties of interest to consider alternatives for resolution of deficiencies in the unsatisfactory conditions of the properties as an alternative to initiating more formal pleadings and proceedings permitted by this ordinance.  If the informal communications are not successful in satisfying, correcting or eliminating the deficiencies in the conditions of the properties the enforcement officer may proceed in accordance with Sections 7 and 8 of this ordinance.

Section 7. Same; Notice
The governing body upon receiving the report from the enforcing officer as provided in Section 6 and, if the governing body did not direct the enforcing officer to initiate informal communications with the owner and other parties of interest or in the event direction was given to the enforcing officer to initiate the informal communications to consider resolution of deficiencies and the communications did not result in resolution, then the governing body shall by resolution fix a time and place at which the owner, the owner's agent, any lien holder of record 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)

Section 8. Same; Publication
(a) The 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.
(b) A copy of the resolution shall be mailed by certified mail within three days after its first publication to each owner, agent, lien holder and occupant at the last known place of residence and shall be marked "deliver to addressee only." (K.S.A. 12-1752)


Section 9. Same; Hearing, Order
If, after notice and hearing, the governing body determines that the structure under consideration is unsafe, dangerous or unfit for human use or habitation or is abandoned property, 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, lien holders 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 failure shall constitute a violation of this 
ordinance.  The enforcing officer shall then have express authority to proceed as hereinafter provided in Sections 12 and 13.


Section 10. Duty of Owner
Whenever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the same secure and safe or to remove the same.

Section 11. Unlawful Nuisance
It shall be unlawful for an owner or owners to permit, allow or take no action with the following defined nuisance to continue upon the property described in the notice mentioned above having failed to comply with the order of the governing  body entered under the authority or Section 9 of this ordinance:
(a) Finding that the structure or dwelling upon the described property is unsafe,dangerous, unfit for human use or habitation or an abandoned property.


Section 12. Complaint Municipal Court; Proceeding and Penalty
Should the owner, occupant, person or entity fail to comply with the notice to abate the nuisance or request a hearing pursuant to Section 8 above, the enforcing officer may file a complaint in the municipal court of the city against the owner, occupant, person or entity in control of the property and upon conviction of any violation of provisions of Sections 5 and 11 be fined for each violation in an amount not to exceed $100.00.  Each day during or on a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

Section 13. Same; Failure To Comply
(a) In addition to, or as an alternative to prosecution in the municipal court as provided above in Section 12, if, within the time specified in the order, entered under Section 9 of this ordinance, 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) In addition to, or as an alternative to prosecution in the municipal court as provided above in Section 12, if, within the time specified in the order, entered under Section 9 of this ordinance, 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.


Section 14. Same; Make Site Safe
Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition.  If the owner fails to take such action, the enforcing officer may proceed to make the site safe.

Section 15. Assessments of Cost
(a) The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the enforcing officer, including making the site safe, shall be reported to the city clerk.
(b) The city shall give notice to the owner of the structure by restricted mail of the cost of removing the structure and making the premises safe and secure.  The notice shall also state that payment of the cost is due and payable within 30 days following receipt of the notice.
(c) If the costs remain unpaid after 30 days following receipt of notice, the city clerk may 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.
(d) If the proceeds of 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 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 of which the structure was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs to the county clerk and who shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.  The city may pursue collection both by levying a special assessment and in the manner 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.
(e) If there is no salvage material, or if the money's 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. (K.S.A. 12-1755)

Section 16. Immediate Hazard
When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the enforcing officer to erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay.  Such action may be taken without prior notice to or hearing of the owners, agents, lien holders and occupants.  The cost of any action under this section shall be assessed against the property as provided in Section 11. (K.S.A. 12-1756)

Section 17. Appeals From Order
Any person affected by an order issued by the governing body under this ordinance may, within 30 days following service of the order, petition the district court of the county in which the structure is located for an injunction restraining the enforcing officer from carrying out the provisions of the order pending final disposition of the case.

Section 18. Scope Of Ordinance
Nothing in this ordinance shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this ordinance shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance.  Nothing in this ordinance shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise or to exercise those powers granted specifically by K.S.A. 12-1750;1756.

Section 19. Repeal Of Existing Ordinance
Ordinance No. 62 of the City of Burdett, Kansas is hereby repealed and this ordinance is in replacement thereof.

Section 20. Effective Date
This Ordinance shall take effect upon adoption and the publication of a summary of this ordinance in the official city newspaper.


PASSED AND APPROVED by the governing body of the City of Burdett, Kansas, this 21st day of January, 2014

Leon Jennings, Mayor
Attest: Linda Schadel, City Clerk