Chapter 4 · Buildings and Construction

Article 2. Dangerous and Unfit Structures

Sections 4-201 to 4-215 · 15 sections

4-201 Definitions.

As used in this act:

(a)“Structure” — means any building, wall or other structure.

(b)“Enforcing officer” — means the Health and Welfare Officer or other officer designated by the Council and charged with the administration of the provisions of this act.

(c)“Abandoned property” — means 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 one year.

(d)“Organization” — means any nonprofit corporation organized under the laws of this state and which has among its purposes the improvement of housing.

(e)“Rehabilitation” — means the process of improving the property, including, but not limited to, bringing property into compliance with applicable fire, housing and building codes.

(f)“Parties in interest” — means any owner or owners of record, judgment creditor, tax purchaser or other party having any legal or equitable title or interest in the property.

(g)“Last known address” — includes the address where the property is located, or the address as listed in the tax records.

(h)“Low or moderate income housing” — means housing for persons and families with incomes within the income limitations prescribed by the department of housing and urban development pursuant to Section 8 of the Federal Housing and Community Development Act of 1937, as amended.

(K.S.A. 12-1751; Code 1997; Ord. 936; Code 2021)

4-202 Powers of governing body.

(a)The governing body of the city shall have the power to cause the repair or removal of, or to remove any structure located within the city, which may have become unsafe or dangerous.

(b)The governing body of the city shall have the power to cause the rehabilitation of or to rehabilitate any abandoned property located within the city.

(K.S.A. 12-1750; Code 1997; Ord. 936; Code 2021)

4-203 Notice and hearing.

Whenever the enforcing officer files with the governing body of the city a statement in writing that any structure, describing the same and where located, is unsafe or dangerous or is abandoned property, the governing body, by resolution, shall fix a time and place at which the owner, the owner’ s agent, any lienholders of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished in the case of unsafe or dangerous structures or rehabilitated in the case of abandoned property. 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 the last known address and shall be marked “deliver to addressee only.”

(Code 1997; Ord. 936; Code 2021)

4-204 Findings; resolution contents; notice.

On the date fixed for hearing or any adjournment thereof, the governing body shall hear all evidence submitted by the owner, the owner’s 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 finds 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. If the governing body of the city finds that such structure is abandoned property, the governing body may authorize the rehabilitation of such property as provided by K.S.A. 1998 Supp. 12-1756a, and amendments thereto. 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 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 in the case of unsafe or dangerous structures or rehabilitated in the case of abandoned property.

(Code 1997; Ord. 936; Code 2021)

4-205 Duties of owner after removal of structure.

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. 12-1752; Code 1997; Ord. 936; Code 2021)

4-206 Removal of unsafe structures; salvage sale; assessment and collection of costs; procedures.

(a)If the owner of any structure has failed to commence the repair or removal of such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the city may proceed to repair or to raze and remove such structure, to make the premises safe and secure, or let the same to contract. The city shall keep an account of the cost of such work and if razed and removed 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 and the cost of publications of notice and any postage for mailing of notice, after the payment of all costs, shall be paid to the owner of the premises upon which the structure was located.

(b)The city shall give notice to the owner of such structure by restricted mail of the total cost incurred by the city in repairing or removing such structure and making the premises safe and secure and the cost of providing notice. Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice. If the cost is not paid within the 30 day period and if there is no salvageable 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 City Code Section 8-902 are insufficient to pay the cost of such work, the balance shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as a special assessment against the lot or parcel or land on 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 and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land. 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 any applicable interest has been paid in full. Whenever any structure is removed from any premises under the provisions of this act, the city clerk shall certify to the county appraiser that such structure, describing the same, has been removed.

(c)If there is no salvageable 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 City Code Section 8-902 are insufficient to pay the costs of the work and the cost 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. Whenever no-fund warrants are issued under the authority of this act the governing body or such city shall make a tax levy at the first tax levying period for the purpose of paying such warrants and the interest thereon. 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 article 19 of chapter 79 of the Kansas Statutes Annotated, and amendments 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, and amendments thereto, except they shall not bear the notation required by that 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 section or from an action under K.S.A. 12-1,115, and amendments thereto, when and if paid, shall be placed in the general fund of the city.

(Ord. 936; Code 2021)

4-207 Immediate hazard; action to protect public; notice not required; cost.

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 4-206 above.

(Ord. 936; Code 2021)

4-208 Rehabilitation of abandoned property; petition for possession; service of process; affirmative defense; rehabilitation plan; lease of property.

(a)an organization may file a petition with the district court for an order for temporary possession of property if:

(1)the property has been declared abandoned pursuant to section 4-204 above.

(2)the organization intends to rehabilitate the property and use the property as housing for low and moderate income persons and families; and

(3)the organization has sent notice to the enforcing officer and the parties in interest of the property, by certified or registered mail, mailed to their last known address and posted on the property at least 30 days but not more than 60 days before the date the petition is filed, of the organization’s intent to file a petition for possession sect ions 4-207:212.

(b)The proceeding shall be commenced by filing a verified petition in the district court in the county in which the property is located. The petition shall state that the conditions specified in subsection (a) exist. All parties in interest of the property shall be named as defendants in the petition. Summons shall be issued and service shall be made pursuant to K.S.A. 60-303, and amendments thereto. Service may be made by publication if the organization with due diligence is unable to make service of summons upon a defendant pursuant to subsection (a) (3) of K.S.A. 60-307, and amendments thereto.

(c)any defendant may file as part of such defendant’s answer, as an affirmative defense, a plan for the rehabilitation of the property. The court shall grant the defendant 90 days to bring the property into compliance with applicable fire, housing and building codes. The court, for good cause shown, may extend the 90 day compliance period. If the property is brought into such compliance within the 90 day period or extension of time thereof, the petition shall be dismissed. If the defendant fails to bring the property into such compliance within the 90 day period or extension of time thereof, or if the defendant’s plan is otherwise insufficient, the defendant’s affirmative defense shall be stricken.

(d)At the hearing on the organizations’ petition, the organization shall submit to the Court a plan for the rehabilitation of the property and present evidence that the organization has adequate resources to rehabilitate and thereafter manage the property. For the purpose of developing such a plan, representatives of the organization may be permitted entry onto the property by the Court at such times and on such terms as the Court may deem appropriate.

(e)The Court shall make its own determination as to whether the property is in fact abandoned consistent with the terms of Sections 4-207:212.

(f)If the court approves the petition, the Court shall enter an order approving the rehabilitation plan and granting temporary possession of the property to the organization. The organization, subject to Court approval, may enter in to leases or other agreement in relation to the property. Whether the court approves or denies the petition, the organization shall provide the governing body a copy of the order within 10 days of the organization’s receipt or knowledge of such order.

(Code 1997; Ord. 936; Code 2021)

4-209 Annual report, contents.

An organization which has possession of property pursuant to Section 4-207 above shall file an annual report with the governing body of the city concerning the rehabilitation and use of the property. The city shall require reports and status dates to be filed as it deems appropriate under the circumstances but no less frequently than once a year. The report shall include statements of all expenditures made by the organization including but not limited to, payments for the rehabilitation, operation and maintenance of and repairs to the property and for real estate taxes, and payments to mortgagees and lienholders during the preceding year and shall include statements of all income and receipts from the property for the preceding year.

(Code 1997; Ord. 936; Code 2021)

4-210 Procedure to obtain possession by owner; hearing.

The owner of property of which temporary possession has been transferred to an organization pursuant to Section 4-207 above shall be entitled to regain possession of the property by petitioning to the district court of the county in which such property is located for restoration of possession and, upon notice to the organization for a hearing on such petition. At the hearing, the court shall determine proper compensation to the organization for its expenditures, including management fees, based on the organization’s reports to the court. The court, in determining the property compensation to the organization, may consider income or receipts received from the property by the organization. After the owner pays the compensation to the organization as determined by the court, the owner shall resume possession of the property, subject to all existing rental agreements whether written or verbal, entered into by the organization.

(Code 1997; Ord. 936; Code 2021)

4-211 Organization’s right to redeem.

If property of which temporary possession has been transferred to an organization pursuant to Section 4-207 above is sold for unpaid taxes, an organization with temporary possession may redeem the property in the same manner as the owner and amounts paid to redeem the property shall be included as expenditures in the organization’s report to the Court.

(Code 1997; Ord. 936; Code 2021)

4-212 Petition for judicial deed; conditions.

If an owner of property of which temporary possession has been transferred to an organization pursuant to K.S.A. 12-1756a, and amendments thereto, takes no action to regain possession of the property in the five year period following the granting of temporary possession of the property to the organization, the organization may file a petition for judicial deed and upon due notice to the named defendants and an order may be entered granting a quit claim judicial deed to the organization providing that the property shall be used for low and moderate income housing for at least a 10 year period after the deed is granted.

(Code 1997; Ord. 936; Code 2021)

4-213 Organizations interested in rehabilitating abandoned property.

The enforcing officer shall maintain a list of all organizations who are interested in rehabilitating abandoned property and who have requested to be included on such list. The organizations on such list shall be given written notice of abandoned property which may be available for rehabilitation by any such organization. The enforcing officer may require that requests to be included on such list be submitted annually to the enforcing officer.

(Ord. 936; Code 2021)

4-214 Appeals from order.

Any person affected by an order issued by the governing body under this article may, within 10 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.

(Ord. 936; Code 2021)

4-215 Scope of article.

Nothing in this article 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 article shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this article 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 Sections 4-201:213 above, and any amendments thereto.

(Ord. 936; Code 2021)