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8037 Dangerous StructuresCONSOLIDATED-SALINA AN ORDINANCE AMENDING SECTION 16-26 OF THE SALINA CODE, AND REPEAL- ING THE ORIGINAL SECTION; AND ENACTING SECTIONS 16-27 THROUGH 16-29, AND REPEALING DIVISION 2, ARTICLE II, CHAPTER 16 OF THE SALINA CODE. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 16-26 of the Salina Code is hereby amended to read as follows: Section 16-26. PROCEDURE. (a) Whenever a Petition is filed with the public officer, or his designated agent, by at least five (5) residents of the municipality charg- ing that any structure is unfit for human use or habitation, or whenever it appears to the public officer, or his designated agent, on his own motion, that any structure is unfit for human use or habit- ation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortagee of re- cord and all parties in interest in such structure (including persons in possession) a complaint stat- ing the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said 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 other- wise, 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 hearing the public officer determines that the structure under consid- eration is unfit for human use or habitation he shall state in writing his 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 improvements of said structure can be made at a reasonable cost in relation to the value of the structure, which shall not exceed three hundred per cent (3000) of the then current assessed taxable value of the struc- ture, the owner of said 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 ordinance is made; or, 2. if the repair, alteration or improvement of the said structure cannot be made at a reasonable cost in relation to the value of the structure, that is to say, less than three hundred per cent (3000) of the then current assessed taxable value of the structure, which is hereby fixed as a reasonable cost by the Governing Body of said City, the owner shall within the time specified in said 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 may cause such struc- ture to be repaired, altered, or improved, or to be vacated and closed. ORDINANCE NUMBER 8037 I (Published in The Salina Journal �`�� �� ,1969) AN ORDINANCE AMENDING SECTION 16-26 OF THE SALINA CODE, AND REPEAL- ING THE ORIGINAL SECTION; AND ENACTING SECTIONS 16-27 THROUGH 16-29, AND REPEALING DIVISION 2, ARTICLE II, CHAPTER 16 OF THE SALINA CODE. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. That Section 16-26 of the Salina Code is hereby amended to read as follows: Section 16-26. PROCEDURE. (a) Whenever a Petition is filed with the public officer, or his designated agent, by at least five (5) residents of the municipality charg- ing that any structure is unfit for human use or habitation, or whenever it appears to the public officer, or his designated agent, on his own motion, that any structure is unfit for human use or habit- ation, he shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortagee of re- cord and all parties in interest in such structure (including persons in possession) a complaint stat- ing the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed not less than ten (10) days nor more than thirty (30) days after the serving of said 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 other- wise, 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 hearing the public officer determines that the structure under consid- eration is unfit for human use or habitation he shall state in writing his 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 improvements of said structure can be made at a reasonable cost in relation to the value of the structure, which shall not exceed three hundred per cent (3000) of the then current assessed taxable value of the struc- ture, the owner of said 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 ordinance is made; or, 2. if the repair, alteration or improvement of the said structure cannot be made at a reasonable cost in relation to the value of the structure, that is to say, less than three hundred per cent (3000) of the then current assessed taxable value of the structure, which is hereby fixed as a reasonable cost by the Governing Body of said City, the owner shall within the time specified in said 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 may cause such struc- ture to be repaired, altered, or improved, or to be vacated and closed. CONSOLIDATED-SALINA (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 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 allow- ance of his 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 and the City Clerk shall at the time of certifying other city taxes, certify the unpaid portion of the aforesaid cost and the County Clerk shall extend the same on i the tax rolls of the county against said lot or parcel of land. If the structure is removed or demolished by the public officer he shall sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition and if there i be any balance remaining it shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the public officer after deducting the costs of j such judicial proceedings including his necess- ary attorney's fees incurred therein, as determined by the Court. Section 2. Section 16-26 of the Salina Code is hereby repealed. Section 3. That Sections 16-27 through 16-29 of the Salina Code are hereby enacted to read as follows: Section 16-27. CONDITIONS MAKING STRUCTURES UNFIT FOR HUMAN USE OR HABITATION. The public officer may determine that a structure is unfit for human use or habitation if he finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of such municipality or which have a blighting influence on properties in the area. Such conditions may include the following without limitations: Defects there- in increasing the hazards of fire, accident or other calamities; lack of adequate venti- lation, air pollution; light or sanitary fac- ilities; dilapidation; disrepair, structural defects, uncleanliness; overcrowding; inade- quate ingress and egress; dead and dying trees; limbs or other unsightly natural growth; un- sightly 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 neighbor- hood; unsightly stored or parked material, equipment, supplies, machinery, trucks or auto- mobiles 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. Section 16-28. SERVICE OF COMPLAINT OR ORDER. Complaints or orders issued by the public officer pursuant to this ordinance shall be served upon persons either personally or by registered or certi- fied mail, but if the where -abouts of such persons is unknown and the same cannot be as- certained by the public officer in the exercise CONSOLIDATED-SALINA 0 L 1 Section 16-28 (Continued) 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 week for two (2) consecutive weeks in the official newspaper of the City. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such com- plaint or order shall also be filed with the Clerk of the District Court of Saline County Kansas, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law. Section 16-29. APPEALS TO DISTRICT COURT. Any person affected by an order issued by the public officer may petition the District Court of Saline County, Kansas for an injunction restraining the public officer from carrying out the provisions of the order, and the Court may, upon such petition, issue a temporary injunction restraining the public officer pending the final disposition of the cause: Provided however, that within thirty (30) days after the posting and service of the order of the public officer, such per- son shall petition such Court. The Court shall hear and determine the issues raised and shall enter a final order or decree in the proceed- ings. In all such proceedings the findings of the public officer as to facts, if supported by evidence shall be conclusive. Costs shall be in the discretion of the Court. The remedies herein provided shall be exclusive remedies and no person affected by an order of the pub- lic officer shall be entitled to recover any damages for action taken pursuant to any order of the public officer or because of compliance by such person with any order of the public officer. Section 4. Division 2, Article II, Chapter 16 of the Salina Code is hereby repealed. Section 5. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper. (SEAL) Attest: r' City Clerk Introduced: August 8, 1969 Passed: August 18, 1969 Mayor