For the purposes of this article, the following words and phrases are defined as follows:

(a)   Enforcing Officer: The building code inspector, as provided by Section 4-102 of the 1998 Revised Ordinances of said City, or his/her designee or other officer designated by Ordinance and charged with the administration of the provisions of this Ordinance.

(b)   Structure: Any building, wall or structure.

(c)   Unsafe or Dangerous Structure:

(1)   General. Any building or portion thereof including any dwelling unit, guest room, or the premises on which the same is located, in which there exists any of the following listed conditions to an extent that endangers the life, health, property, safety or welfare of the public or the occupants thereof shall be deemed and hereby is declared to be an unsafe or dangerous structure.

(2)   Inadequate Sanitation. Inadequate sanitation shall include but not be limited to the following:

(A)  Lack of, or improper water closet, lavatory, bathtub or shower in a dwelling unit.

(B)  Lack of or improper water closets, lavatories and bathtubs or showers per number of guests in a hotel.

(C)  Lack of, or improper kitchen sink.

(D)  Lack of hot and cold running water to plumbing fixtures in a hotel.

(E)   Lack of hot and cold running water to plumbing fixtures in a dwelling unit.

(F)   Lack of adequate heating facilities.

(G)  Lack of, or improper operation of required ventilating equipment.

(H)  Room and space; dimensions less than required.

(I)    Lack of required electrical lighting.

(J)   Infestation of insects, vermin or rodents as determined by qualified city employee or designee.

(K)  General dilapidation or improper maintenance.

(L)   Lack of connection to required sewage disposal system.

(3)   Structural Hazards. Structural hazards shall include but not be limited to the following:

(A)  Deteriorated or inadequate foundations.

(B)  Defective or deteriorating flooring or floor supports.

(C)  Flooring or floor supports of insufficient size to carry imposed loads with safety.

(D)  Members of walls, partitions or other vertical supports that split, lean, list or buckle due to defective material or deterioration.

(E)   Members of walls, partitions or other vertical supports that are of insufficient size to carry imposed loads with safety.

(F)   Members of ceilings, roofs, ceiling and roof supports or other horizontal members which sag, split, or buckle due to defective material or deterioration.

(G)  Members of ceilings, roofs, ceiling and roof supports, or other horizontal members that are of insufficient size to carry imposed loads with safety.

(H)  Fireplaces or chimneys which are of insufficient size or strength to carry imposed loads with safety.

(4)   Hazardous Wiring. All wiring except that which conforms with all applicable laws in effect at the time of installation and which has been maintained in good condition and is being used in a safe manner.

(5)   Hazardous Plumbing. All plumbing except that which conforms with all applicable laws in effect at the time of installation and which has been maintained in good condition and which is free of cross-connections and siphonage between fixtures.

(6)   Hazardous Mechanical Equipment. All mechanical equipment, including, vents, except that which conformed with all applicable laws in effect at the time of installation and which has been maintained in good and safe condition.

(7)   Faulty Weather Protection. Which shall include but not be limited to the following:

(A)  Deteriorated, crumbling or loose plaster.

(B)  Deteriorated or ineffective waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors.

(C)  Defective or ·1ack of weather protection for exterior wall coverings, including lack of paint, or weathering due to lack of paint or other approved protective covering.

(D)  Broken, rotted, split or buckled exterior wall coverings or roof coverings.

(8)   Fire Hazard. Any building or portion thereof, device, apparatus, equipment, combustible waste or vegetation which, in the opinion of the Chief of the Fire Department or his/her Deputy, is in such a condition as to cause a fire or explosion or provide a ready fuel to augment the spread and intensity of fire or explosion arising from any cause.

(9)   Faulty Materials of Construction. All materials of construction except those which are specifically allowed or approved by the Building Code, (see Section 4-101 of the Code) and which have been adequately maintained in good and. safe condition.

(10) Inadequate Maintenance. Any building or portion thereof which is determined to be an unsafe building in accordance with Section 4-801 of the Code.

(11) Improper Occupancy. All buildings or portions thereof occupied for living, sleeping, cooking or dining purposes which were not designed or intended to be used for such occupancies.

(Ord. 1176; Code 2015)

The governing body shall have power to repair or removal of, or to remove any structure located within the City, which may have become unsafe or dangerous.

(Ord. 1176; Code 2015)

Whenever the Enforcing Officer shall file with the Governing Body a statement in writing that any structure, describing the same and where located, is unsafe or dangerous, said Governing Body shall by resolution fix a time and place at which the owner, his/her agent, any lienholders of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished. Such resolution shall be published once each week for two (2) consecutive weeks on the same day of each week. At least thirty (30) days shall elapse between the last publication and the date set for hearing. A copy of said resolution shall be mailed by certified mail within three (3) days after its first publication to. each owner, agent, lienholder and occupant, at his/her, or its last known place of residence, and shall be marked “deliver to addressee only”; Provided, that if the owner is a resident of Clay County, the resolution shall be personally served within five (5) days on such owner or delivered to their last known address in lieu of mailing the same, and, in this case, at least one (1) week shall elapse between the service on such owner and the date set for the hearing.

(Ord. 1176; Code 2015)

On the date fixed for hearing or any adjournment thereof, the Governing Body shall hear all evidence submitted by the owner, his/her agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the Enforcing Officer filing the statement and shall make findings by resolution. If the Governing Body shall find that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired or removed and the premises made safe and secure. Such resolution shall be published once in the official City paper 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 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.

(Ord. 1176; Code 2015)

The owner of any structure, upon removing the· same, shall fill any basement or other excavation located upon the premises and ‘take any other action necessary to leave such premises in a safe and sanitary condition. The owner shall fill all excavations to grade.

(Ord. 1176; Code 2015)

(a)   If the owner of any structure has failed to commence the repair or removal of such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the City may proceed to raze and remove such structure, make the premises safe and secure, or let the same to contract. The City shall keep an account of the cost of such work to include cost of publication of notices and postage for mailing of notices and may sell the salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. All monies in excess of that necessary to pay such costs, after the payment of all costs, shall .be paid to the owner of the premises upon which the structure was located.

(b)   The City shall give notice to the owner of such structure by restricted mail of the total cost incurred by the City in removing such structure and making the premises safe and secure and the costs of providing notice. Such notice also shall state that payment of such cost is due and payable within thirty (30) days following receipt of such notice. If the cost is not paid within the thirty (30) day period and if there is no salvageable material or if monies received from the sale of salvage or from the proceeds of any insurance policy in which the City has created a lien pursuant to this Ordinance (K.S.A. 40-3901 et seq.), are insufficient to pay the cost of such work, the balance shall be collected in the manner provided by K.S.A. 12-1,115 or shall be assessed as a special assessment 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 and the County Clerk shall extend the same on the tax rolls of the County against such lot or parcel of land. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, but only until the full cost and any applicable interest has been paid in full. Whenever any structure is removed from any such premises under the provisions of this article, the City Clerk shall certify to the County Appraiser that such structure has been removed.

(c)   If there is no salvagable material, or if the monies received from 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 pay the cost of the work, 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. Whenever no-fund warrants are issued under the authority of this act the Governing Body of such City shall make a tax levy at the first (1st) tax levying period for the purpose of paying such warrants and the interest thereon. All such tax levies shall be in addition to all other authorized or limited by law and shall not be subject to the aggregate tax levy prescribed in Article 19 of Chapter 79 of the Kansas Statues Annotated, and amendments thereto. Such warrants shall be issued, registered, redeemed, and bear interest in the manner and in the form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall not bear the notation required by that Section and may be issued without the approval of the State Board of Tax Appeals. All monies received from special assessments levied under the provisions of this Section or from an action under K.S.A. 12-1,115, when and if paid, shall be placed in the General Fund of the City.

(Ord. 1176; Code 2015)

When in the opinion of the Enforcing Officer, any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, such Officer may erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay and such action may, under such circumstances, be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any such action shall be assessed against the property and paid in the manner: provided by section 7-306.

(Ord. 1176; Code 2015)