[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.
