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