[Code 1974 §11-701; CC 2000 §4-701]
Whereas, the Governing Body has found that there exists in such municipality 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 510.170 hereof, which render 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 City and it is hereby deemed necessary by the Governing Body of the City to require or cause the repair, closing or demolition or removal of such structures in the manner hereinafter provided.
[Code 1974 §11-702; CC 2000 §4-702]
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 "non-residential 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 1974 §11-703; Code 1997; CC 2000 §4-703]
The Code Enforcement Officer of the City is hereby designated and appointed to exercise the powers prescribed by this Article and shall be hereafter referred to as the Code Enforcement Officer in this Article.
[Code 1974 §11-704; CC 2000 §4-704]
A. 
Whenever a petition is filed with the public officer 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 public officer, on his/her own motion, that any structure is unfit for human use or habitation, he/she shall, if his/her 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/her designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of the 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 law or equity shall not be controlling in hearings before the public officer.
B. 
If, after such notice and hearings, the public officer determines that the structure under consideration is unfit for human use or habitation, he/she shall state in writing his/her 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 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 the 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 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, the owner shall within the time specified in the 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 within thirty (30) days from the date of such order, the public officer shall file with the Governing Body his/her written report of his/her proceedings and orders which shall be reviewed by the Governing Body at its next regular meeting and, upon approval of the report and proceedings by the Governing Body, 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 within thirty (30) days from the date of such order, the public officer shall file with the Governing Body his/her written report of his/her proceedings and orders which shall be reviewed by the Governing Body at its next regular meeting and, upon approval of the report by the Governing Body, 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/her 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. The City Clerk shall, at the time of certifying other City taxes, certify the unpaid portion of the aforesaid costs and shall extend the same on the tax rolls of the County against the lot or parcel of land. If the structure is removed or demolished by the public officer, he/she shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal of demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto as determined by proper judicial proceeding instituted by the public officer after deducting the costs of such judicial proceedings, including his/her necessary attorney's fees incurred therein, as determined by the court.
[Code 1974 §11-705; CC 2000 §4-705]
The public officer herein designated may determine that the structure is unfit for human use or habitation if he/she finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such municipality 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 water supply or facilities; 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 1974 §11-706; CC 2000 §4-706]
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 and 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 for two (2) consecutive weeks in the official newspaper of the City. A copy of the complaint or order shall be posed in a conspicuous place on the premises affected by the complaint or order and shall also be filed with the Clerk of the District Court of Johnson County, Kansas. Such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law.
[Code 1974 §11-707; CC 2000 §4-707]
Any person affected by the order issued by the public officer may petition the District Court of Johnson County, Kansas, pursuant to laws of the State of Kansas, for relief pursuant to K.S.A. Section 17-4759, as amended.
[Code 1974 §11-708; CC 2000 §4-708]
A. 
The public officer 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:
1. 
To investigate the structure conditions in the municipality in order to determine which structures therein are unfit for human use or habitation;
2. 
To administer oaths, affirmations, examine witnesses and receive evidence;
3. 
To enter upon premises for the purpose 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;
4. 
To appoint and fix the duties of such officers, agents and employees as he/she deems necessary to carry out the purposes of this Article; and
5. 
To delegate any of his/her functions and powers under this Article to such officers, agents and employees as he/she may designate.
[Code 1974 §11-709; CC 2000 §4-709]
The owner of any structure ordered to be demolished or removed by the public officer shall comply with the pertinent provisions of the Building Code. Upon removing such structure, the owner, wrecker or licensed contractor shall seal the sanitary sewer connection in the manner set forth by the Building Inspector. In addition, the owner or licensed contractor shall fill any basement or other excavation located upon the premises and take such other action necessary to leave the premises in a safe condition.
[Code 1974 §11-710; CC 2000 §4-710]
Upon the issuance of an order by the public officer hereof, the public officer shall place a notice on the particular structure covered by the order as follows:
"This structure has been found unfit for human habitation by the order of the Director of Public Works of the City of Mission, Kansas. This notice shall remain on this structure until it is (use either of the following phrases as applicable) "repaired, altered or improved or vacated and closed as required by said order" or "removed and demolished as required by said order."
[Code 1974 §11-711; CC 2000 §4-711]
Nothing in this Article shall be construed to abrogate or impair the powers of the City, its courts or departments of the City to enforce any other provisions of its laws or its Charter or regulations nor to prevent or punish violations thereof; and the powers conferred by this Article upon the designated public officer or other public officials shall be in addition and supplemental to the other powers conferred by any other law of the City.
[Ord. No. 673, 8-28-1985; CC 2000 §4-712]
It shall be unlawful for either an owner or occupant of structures within the City to allow the structure to be unfit for human use or habitation because of conditions which exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of the City or which have a blighting influence on properties in the area. Such conditions include the following, without limitations: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate water supply or facilities; lack of adequate ventilation, air pollution, light or sanitary facilities; dilapidation, disrepair, structure 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.
[Ord. No. 673, 8-28-1985; Code 1987; CC 2000 §4-713]
In addition to the penalty provision of Section 100.100 of this Code, the court may, upon conviction, prevent the use or occupancy of any structure which is injurious to the public health, safety, morals or welfare.