ORDINANCE NO. 770AN ORDINANCE EMPOWERING THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS TO CAUSE THE REPAIR OR REMOVAL OF UNSAFE OR DANGEROUS STRUCTURES WITHIN SAID CITY; PRESCRIBING A PROCEDURE FOR THE COMPLETION OF SUCH REPAIR OR REMOVAL; PROVIDING FOR A HEARING THEREON AND FOR A NOTICE THEREOF; AUTHORIZING THE CITY TO COMPLETE SUCH REMOVAL IN CERTAIN INSTANCES AND PROVIDING A PROCEDURE FOR THE FINANCING AND RECOVERY OF THE COST THEREOF; PROVIDING FOR THE IMMEDIATE REMOVAL WITHOUT PRIOR NOTICE OR HEARING OF STRUCTURES WHICH CONSTITUTE AN IMMEDIATE HAZARD; AND REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF MEADE, KANSAS, IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS:
Section 1. PURPOSE. The governing body has found that there exists within the corporate limits of the city 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 other wise 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.
Section 2. DEFINITIONS. For the purpose of this ordinance, the word or term Structure shall include any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground.
Section 3. PUBLIC OFFICER; DUTIES. The mayor, with Council approval, shall designate a public officer to be charged with the administration and enforcement of this ordinance. The public officer is hereby authorized to exercise such powers as may 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 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 public 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 ordinance.
Section 4. PROCEDURE; PETITION. Whenever a petition is filed with the public officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or is informed that any structure is dangerous, unsafe or unfit for human habitation by the board of health or the fire chief, or whenever it appears to the public 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, make a written report of findings to the governing body.
Section 5. SAME; NOTICE. The governing body upon receiving a report as provided in Section 4 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.
Section 6. 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.”
Section 7. SAME; HEARING, ORDER. (a) 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 a resolution 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 razed and removed.
(b) If the repair, alteration, or improvement of the structure can be made at a cost which shall not exceed 50 percent of the fair market value of the structure, the owner of the property shall, within the time specified in the order, repair, alter or improve the structure to render it safe and fit for human use or habitation, or shall vacate and close the structure until such time as he has complied with the order.
(c) If the repair, alteration or improvement of the structure cannot be made at a cost of 50 percent or less of its fair market value, the owner shall, within the time specified in the order, remove or demolish the structure.
Section 8. 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 9. SAME; FAILURE TO COMPLY. (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 public 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 public officer may cause the structure to be removed and demolished.
Section 10. 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 public officer may proceed to make the site safe.
Section 11. ASSESSMENT OF COSTS. (a) The cost to the city of any repairs, alterations, improvements, vacation, removal or demolition by the public 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, the city clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the costs to the county clerk who shall extend the same on the tax roll of the county.
Section 12. 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 public 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 haring of the owners, agents, lienholders and occupants. The cost of any action under this section shall be assessed against the property as provided in Section 11.
Section 13. 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 public officer from carrying out the provisions of the order pending final disposition of the case.
Section 14. 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 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 et seq.
Section 15. That all other ordinances or parts thereof in conflict herwith are herby repealed.
Section 16. This Ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.
ADOPTED AND APPROVED by the Governing Body, this 11th day of February, 2002.
LEROY LEMASTER, Mayor
DENNIS R. ECKHOFF, City Clerk
|The City of Meade
132 South Fowler
PO Box 338
Meade, KS 67864-0338
Ph. (620) 873-2091
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