[HISTORY: Adopted by the City Commission
of the City of Parsons as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-2019 by Ord. No. 6433]
There is hereby adopted and incorporated by reference the 2018 edition of the International Property Maintenance Code, with the exception of Section 107, Notices and Orders, Section 110, Demolition, and Section 111, Means of Appeal. Demolition of structures shall be done pursuant to Kansas Statute, and all notices, orders and appeals shall be done in compliance with Chapter 441 of the Code of the City of Parsons. No fewer than one copy of the 2018 edition of the International Property Maintenance Code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Parsons" and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable hours of business.
All previous versions of the International Property Maintenance
Code previously adopted are hereby repealed.
This chapter shall take effect and be in full force and effect
immediately following its adoption and publication as provided by
law.
[Adopted 6-6-2022 by Ord. No. 6521]
Recognizing that abandoned and vacant buildings contribute to
blight in both residential and nonresidential neighborhoods, discourage
economic development and retard appreciation of property values, endanger
public health and safety, attract criminal activity, and create fire
hazards, it is the responsibility of property owners to prevent buildings
from becoming a burden to the neighborhood and community and a threat
to the public health, safety, and welfare. The governing body finds
that abandoned and vacant buildings result in increased expenditures
for police, fire, and code services inspections and calls. Maintenance
of the public health, safety, and welfare thus requires the City to
maintain an accurate registration of all abandoned and vacant buildings.
For purposes of this article, certain phrases and words are
defined below. Words or phrases not defined in this article but defined
in applicable state law or the Code shall be given that meaning. All
other words or phrases shall be given their common ordinary meaning.
The following words, terms and phrases, when used in this article,
shall have the meaning ascribed to them in this section, except where
the context clearly indicates a different meaning.
A building that is vacant and is open or unsecured so that
unauthorized admittance may be gained.
A building or other structure adapted to permanent occupancy
for residential or commercial purposes.
The City of Parsons, Kansas.
A vacant building which continues to remain vacant for six
months after initial notification by the City to the owner.
To conduct a lawful business or reside in all or any part
of the building or structure as the business occupant, or as the legal
or equitable owner/occupant(s) or tenant(s) on a permanent, nontransient
basis, or any combination of the same. For purposes of this article,
evidence offered to prove that a person occupies a building or structure
may include, but shall not be limited to, the regular receipt of regular
mail through the U.S. Postal Service or proof of continual electric,
water, sewer and trash services.
The person, persons or entity identified as the owner of
the parcel with the Labette County Appraiser's Office; or any agent
identified by a nonresident owner; or any mortgagee of a property
in foreclosure.
Access to the building may be obtained through open, unlocked,
broken or missing doors or windows of such building.
Any building intended for residential or commercial use which
is not currently occupied or in use wherein no person or persons actually,
currently conduct a lawful business or lawfully reside or live in
any part of the building as the legal or equitable owner(s) or tenant-occupant(s)
or tenant(s) on a permanent, nontransient basis or that is unoccupied.
The City Manager shall designate a public officer to be charged
with the administration and enforcement of this article.
The public officer shall make inquiry and inspection of premises
upon receiving information that a building may be abandoned or vacant.
Upon making such inquiry and inspection, the public officer shall
make a written report of his or her findings.
If the public officer determines that a building is abandoned
or vacant then such officer shall give notice of the finding to the
owner by:
The notice issued by the City for a vacant building shall be
in writing and shall contain the common street address, description
of the building, advise the owner that the building has been determined
to be vacant, and will be subject to registration as a chronically
vacant building after a period of six months, and advise the owner
that he or she has 20 days to appeal the determination.
The notice issued by the City for an abandoned or chronically
vacant building shall be in writing and shall contain the common street
address, legal description of the property, registration requirements,
and shall apprise the owner of the facts available to the City which
resulted in the determination that the building is an abandoned or
chronically vacant building and advise the owner that he or she has
20 days to appeal the determination. The notice shall state the steps
which an owner may take to claim an exemption from registration fees.
The time period for registration of an abandoned or chronically vacant
building may be extended by the public officer for good cause.
[Amended 6-29-2023 by Ord. No. 6537]
A.
The owner of an abandoned or chronic vacant building shall register
the building with the City within 20 days of service of a written
notice provided to the owner or agent of the existence of the abandoned
or chronic vacant building, or show cause, in writing, to the public
officer as to why the building is not abandoned or chronically vacant.
If the owner contends that the building is neither abandoned nor chronically
vacant then such owner shall provide the public officer with such
information as the owner requests the public officer to consider in
making his or her determination. The public officer shall render his
or her written decision within 10 days of the notice that the owner
challenges the initial notice that the building was abandoned or chronically
vacant.
B.
The required registration shall be submitted on the form provided
by the City, which form shall include the name, current mailing address,
phone number and any other contact information of the owner; the names
and addresses of all known lienholders and all other parties with
a legal or equitable ownership interest in the building; the common
address of the building and parcel tax identification number. The
form shall also include a timetable for:
C.
For every subsequent year a building remains abandoned or chronically
vacant beyond the initial registration period, the owner of the abandoned
or vacant building must:
D.
Upon registration, the City shall provide the following incentives
toward active marketing of the residential or commercial building:
(1)
Waive zoning fees, if applicable;
(2)
Provide solid waste removal, water, and sewer service for 60 days
at a reduced cost of 50% of the normal bill for these services with
the total benefit to not exceed $200 if the building is leased within
90 days of initial registration within the guidelines adopted by the
City Council and effective at the date of occupancy; and
(3)
If the building requires remodeling, waive permit fees if remodeling
occurs within 90 days of initial registration.
E.
If the owner of an abandoned or chronically vacant building does
not reside in Parsons County[1] for at least six months a year, then such owner must designate
a resident agent with authority to act with respect to the property,
including name, current mailing address, phone number and any other
contact information of the owner's agent.
[1]
Editor's Note: So in original.
F.
Any subsequent owner of a registered abandoned or chronically vacant
building must amend the registration with the public officer to include
the new owner within 30 days of any transfer of any ownership interest
in the abandoned or chronic vacant building, but is not liable for
an additional registration fee for the period for which it has been
registered.
G.
The owner of an abandoned or chronically vacant building must keep
the building and any adjoining property secure, safe and maintained
in compliance with all federal, state and local ordinances and regulations.
H.
Any building required to be registered herein shall pay a registration fee of $200 per year for a residential building and $400 per year for a commercial/industrial building. Funds derived from said fee shall be used to offset the City's cost of inspections and incentives as found in Subsection D.
[Amended 6-29-2023 by Ord. No. 6537]
A chronically vacant building shall be exempt from the registration fee required pursuant to § 473-11, for so long as the following marketing requirements are being met:
A.
Buildings marketed as "for rent" by signage, in a newspaper or in
an online listing by organizations who provide real estate listings
at a fair market value rental rate based upon market rental rates
for comparable properties. The owner may show entitlement to this
exemption by submitting evidence of marketing to the City. In the
event that active marketing ceases or six months have passed from
the time the structure was marketed for rent without the structure
being occupied, the building in question shall be immediately subject
to registration fees.
B.
Buildings which are being actively marketed as "for sale" by a licensed
real estate broker or by the owner and advertised as such in a newspaper
or listed on a recognized online website. The owner may show entitlement
to this exemption by submitting evidence of marketing to the City.
In the event that active marketing ceases, the building in question
shall be immediately subject to registration.
C.
A building for which the owner executes a valid affidavit on a form
provided by the City attesting that the owner intends to resume occupancy
of the building within 180 days. Failure to actually resume occupancy
of the building within 180 days will result in imposition of the registration
fee that was exempted under this section, as well as any reregistration
fees then becoming due.
D.
Any building
is owned by the Parsons Land Bank or City of Parsons.
A.
An owner who fails to register or re-register an abandoned or chronically vacant building under this article after written notice shall be in violation of this article. The registration fee provided for in § 473-11 per residential building and per commercial building shall immediately become due and payable to the City.
B.
Any civil fees assessed under this section shall be billed to the
owner or other responsible party at their registered address. Failure
or refusal to pay fees after notice and an opportunity to pay shall
authorize the City to use any and all available legal remedies for
the enforcement and collection of such fees; including, but not limited
to, suits in law or equity in any court of competent jurisdiction,
abatement of nuisances maintained in violation of this article, injunction
or assessment of said registration or re-registration fees on the
property to be collected with the property taxes. This article in
no way limits the actions or abatement procedures which may be taken
by the City for a violation of any other ordinance of the City or
statute of the State of Kansas.
C.
Should an owner fail to register an abandoned or chronically vacant building as provided in this article, the public officer may file a complaint in the municipal court of the City against such owner and upon conviction of a violation of the provision of § 473-11, be fined in an amount not less than $250 and not more than $500.
Any person aggrieved by a finding, order or decision made by
the public officer pursuant to this article may appeal such to the
governing body by written notice delivered to the City Clerk within
10 days, excluding weekends and holidays, from the final decision
of the public officer. The governing body shall provide a hearing
and make a decision affirming, overruling or modifying the finding,
order or decision appealed from.
