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ORDINANCE NO 834

            AN ORDINANCE RELATING TO STRUCTURES WITHIN THE CORPORATE LIMITS OF THE CITY OF MEADE, KANSAS, WHICH ARE UNFIT FOR HUMAN USE OR HABITATION, CREATING MINIMUM STANDARDS FOR STRUCTURES AND PREMISES WHERE SITUATED, PROVIDING FOR THE REPAIR, CLOSING, DEMOLITION OR REMOVAL THEREOF, AND PROVIDING A PENALTY FOR THE USE OR OCCUPANCY OF CERTAIN STRUCTURES AND REPEALING ORDINANCE 537 AND 770.

            BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, 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 general blight upon the neighborhood or surrounding properties.  The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided.  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.  This Ordinance replaces in whole Ordinance No. 537 and 770.

SECTION 2

            DEFINITIONS.  For the purpose of this Ordinance, the following words and terms shall have the following meanings:

(a)    Public officer – means the mayor or his or her authorized representative.

(b)    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

            APPOINTMENT OF PUBLIC OFFICER – The mayor shall appoint and designate with the approval of the council, a “public officer” to exercise the powers prescribed by the Ordinance.

SECTION 4

            PUBLIC OFFICER DUTIES.  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 any premises or structure 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, buildings or residences which he or she believes to be dangerous, unsafe or unfit for human habitation, unsightly and a blight upon adjoining properties, neighborhoods or the City, to the governing body;

(d)   Receive petitions as provided in the Ordinance.

SECTION 5

PROCEDURE, PETITION.  Whenever a petition is filed with the public officer by at least five (5) residents charging that any structure, building or residence is dangerous, unsafe or unfit for human habitation, unsightly and a blight upon adjoining properties, neighborhoods or the city, the public officer shall, if his or her preliminary investigation discloses a basis for such charge (s), report such findings to the governing body.

SECTION 6

            SAME; NOTICE.  The governing body upon receiving a report as provided in Section 5, shall by resolution fix a time and place at which the owner, the owner’s agent, any lienholder of records and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished.

SECTION 7

            BASIS FOR GOVERNING BODY’S DISCRETION.  The governing body shall determine a dangerous and/or unsafe structure based upon its discretion that the building, structure or residence presents an unsightly and/or hazardous condition due to:  dilapidation, deterioration or disrepair of walls, siding, fences or structures, exteriors, accumulations increasing the hazards of accidents or other calamities; structural defects.  That such conditions are inimical to the general welfare of the community, in that they have a blighting influence on the adjoining properties the neighborhood and the city or are injurious to the health and safety of the residents of the city.  The governing body desires to promote the public health, safety and welfare by repair, removal, abatement, demolition and regulation of such conditions in which in its discretion create a dangerous and/or unsafe structure.

SECTION 8

            PUBLICATION.  (a)  After proper notice is given pursuant to Section 6, the Resolution shall be published once each week for two consecutive weeks on the same day of each week in the official City newspaper.  At least 30 days shall elapse between the last publication and the date set for hearing.

(c)    A copy of the resolution shall be mailed by certified mail within three days after its

first publication to each owner, agent, lienholder and occupant at the last known place of residence and shall be marked “deliver to addressee only.”

SECTION 9

DUTY OF OWNER.  Wherever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, unsightly and a blight upon adjoining properties, neighborhoods or the city, it shall be the duty and obligation of the owner of the property to render the same secure, safe and sightly or to remove the same.

SECTION 11

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, building or residence, the public officer may cause the structure to be removed and demolished.

 SECTION 12

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 13

            ASSESSMENT OF COSTS.  (a)  The cost to the city of any repairs, alterations, improvements, vacating, 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 or 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 of 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 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 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 monies received from the sale of the 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.

SECTION 14

            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 hearing of the owners, agents, lienholders and occupants.  The cost of any action under this section shall be assessed against the owner and the property as provided in Section 13.

SECTION 15

            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 16

            FAILURE TO COMPLY;  PENALTY.  The council at hearing may, by resolution, impose a penalty in an amount not to exceed $500 per day for each and every day that the property owner has failed to comply with the resolution set forth therein. 

SECTION 17

            SCOPE OF ORDINANCE.  Nothing in this Section 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 the 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 18

            That all other Ordinances of the City of Meade, Meade, Kansas, or parts thereof in conflict herewith are herby repealed, specifically repealing Ordinance 537 and Ordinance 770.

SECTION 19

This Ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.

            ADOPTED AND APPROVED THIS 12th DAY OF SEPTEMBER, 2011.

 

                                                                                    _______________________________

                                                                                    Richard Knott, Mayor

 

ATTEST:

 

_____________________________

Tiffany Neel, City Clerk

 

 

The City of Meade
132 South Fowler
PO Box 338
Meade, KS  67864-0338

Ph. (620) 873-2091
Fax (620) 873-2635

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