Chapter 8 · Health and Welfare

Article 4. Dangerous Structures

Sections 8-401 to 8-410 · 10 sections

8-401 Existence declared.

Whenever the Governing Body of the City has found that there exists in such Municipally structures which are unfit for human use or habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions, including those set forth in Section 8-405 hereof, which renders such structures unsafe or unsanitary or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the said City, and it is hereby deemed necessary by such Governing Body of said City to require or cause the repair, closing or demolition or removal of such structures in the manner hereinafter provided.

(Code 1961, 8-5-1; Code 2023)

8-402 Definitions.

A residential structure or dwelling shall mean 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. A nonresidential structure shall mean 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 non-residential purposes and, where applicable the premises on which such structures are situated.

(Code 1961, 8-5-2; Code 2023)

8-403 City Manager to enforce.

The City Manager is hereby designated and appointed to exercise the powers prescribed by this article, and shall be hereafter referred to as the “public officer” in this article.

(Code 1961, 8-5-3; Code 2023)

8-404 Petition; complaint.

(a)Whenever a petition is filed with the City Manager, or his designated agent by at least five (5) residents of the municipality charging that any structure is unfit for human use or habitation, or whenever it appears to the City Manager, or his designated agent, on his own motion, that any structure is unfit for human use or habitation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgagee of record and all parties in interest in such structure (including persons in possession) a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Public Officer or his designated agent at a place the rein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said complaint; the owner, mortgagee and parties in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of l aw or equity shall not be controlling in hearing before the public officer.

(b)If, after such notice and hearing the Public Officer determines that the structure under consideration is unfit for human use or habitation he shall state in writing his findings of facts in support of such determination and shall issue and cause to be served upon the owner thereof an order which:

(1)If the repair, alteration or improvement of the said structure can be made at a reasonable cost in relation to the value of the structure, which, shall not exceed fifty percent (50%) of the fair market value of such structure, the owner of said property shall within the time specified in the order, repair, alter, or improve such structure to render it fit for human use or habitation or shall vacate and close the structure until conformance with this article is met; or,

(2)If the repair, alteration, or improvement of the said structure cannot be made at a reasonable cost in relation to the value of the structure, that is to say, under fifty percent (50%) of such fair market value, which is hereby deemed to be a reasonable cost by the Governing Body of said City, the owner shall within the time specified in said order remove or demolish such structure.

(c)If the owner fails to comply with an order to repair, alter, or improve or to vacate and close the structure for a period more than thirty (30) days from the date of such order, the Public Officer may cause such structure to be repaired, altered or improved, or to be vacated and closed.

(d)If the owner fails to comply with an order to remove or demolish the structure for a period more than thirty (30) days from the date of such order, the Public Officer may cause such structure to be removed or demolished.

(e)The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition by the public officer shall be a lien against the real property upon which such cost was incurred and such lien, including as part thereof allowance of his costs and the necessary attorney’s fees, may be foreclosed in judicial proceedings, in the manner provided or authorized by law for loans secured by liens on real property or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located and the 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 said lot or parcel of land. If the structure is removed or demolished by the public officer he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining it shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the public officer after deducting the costs of such judicial proceedings, including his necessary attorney’s fees incurred therein, as determined by the court.

(Code 1961, 8-5-4; Ord. 1983; Code 2023)

8-405 Dangerous conditions.

The public officer herein designated may determine that the structure is unfit for human use or habitation if he finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of such Municipally, or which have a blighting influence on properties in the area. Such conditions may include the following, without limitations: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, air pollution; light or sanitary facilities; dilapidation; disrepair, structural defects, uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees; limbs or other unsightly natural growth; unsightly appearances that constitute a blight to adjoining property, the neighborhood or the City; walls, sidings or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles or parts thereof, vermin infestation; inadequate drainage; or any violation of health, fire, building or zoning regulations, or any other laws or regulations relating to the use of land and the use and occupancy of buildings and improvements.

(Code 1961, 8-5-5; Ord. 1983; Code 2023)

8-406 Service of complaint.

Complaints or orders issued by the public officer pursuant to this article shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, the public officer shall make an affidavit to that effect then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in the official newspaper of the City. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall also be filed with the Clerk of the District Court of Anderson County, Kansas.

(Code 1961, 8-5-6; Ord. 1983; Code 2023)

8-407 Appeal.

Any person affected by the order issued by the public officer may petition the District Court of Anderson County, Kansas, pursuant to laws of the State, for relief pursuant to K.S.A. 17-4759, as amended.

(Code 1961, 8-5-7; Ord. 1983; Code 2023)

8-408 Powers of City Manager.

The City Manager or his duly designated agent acting as the public officer in this article is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article including the following powers in addition to others herein granted:

(a)To investigate the structure conditions in the Municipally in order to determine which structures therein are unfit for human use or habitation;

(b)To administer oaths, affirmations, examine witnesses and receive evidence;

(c)To enter upon premises for the purposes of making examinations; provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted;

(d)To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this article; and

(e)To delegate any of his functions and powers under this article to such officers, agents and employees as he may designate.

(Code 1961, 8-5-8; Ord. 1983; Code 2023)

8-409 Powers of city.

Nothing in this article shall be construed to abrogate or impair the powers of this City to enforce any other provisions of its ordinance or its charter or regulations, nor to prevent or punish violations thereof, and the powers conferred by this Section upon the City Manager or other public officials shall be in addition and supplemental to the other powers conferred by said City.

(Code 1961, 8-5-9; Ord. 1983; Code 2023)

8-410 Penalty.

It shall be unlawful for any person, corporation, association, partnership or individual to use or occupy any such structure which has been found to be injurious to the public health, safety, morals, or welfare as set forth in this article. Any person convicted of a violation of this article shall, upon conviction, be punished as provided in the general penalty provisions of this Code.

(Code 1961, 8-5-10; Code 2023)