Chapter 8.25
STRUCTURES UNFIT FOR HUMAN USE

Sections:

8.25.010    Structures unfit for human use.

8.25.020    Definitions.

8.25.030    Petition filed with Public Officer.

8.25.040    Structures in violation.

8.25.050    Serving of complaint.

8.25.060    Injunction restraining Public Officer.

8.25.070    Powers granted to Public Officer.

8.25.080    Powers of this chapter.

8.25.090    Unlawful to fail to comply – Penalties.

8.25.010 Structures unfit for human use.

The Governing Body of the City of Gardner, Kansas, has found that there exists within the corporate limits of the City 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 other conditions, including those set forth in GMC 8.25.040, which render such structures unsafe, unsanitary, or otherwise inimical to the welfare of the residents of said City; and it is hereby deemed necessary by said Governing Body to require or cause the repair, closing, demolition or removal of such structures in the manner hereinafter provided. (Ord. 1191 § 1. Code 1990 § 9-501)

8.25.020 Definitions.

For the purpose of this chapter, certain terms and words are hereby defined as follows:

A. “Structures” means anything constructed or erected which requires location on the ground or attached to something having a location on the ground.

B. “Residential structures” means any building, dwelling or structure, or part thereof, used and occupied for human habitation or intended to be used and including any appurtenances belonging thereto or usually enjoyed therewith.

C. “Nonresidential structures” means 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 nonresidential purposes, and, where applicable, the premises on which such structures are situated.

D. “Public Officer” means the duly appointed Codes Administrator or his/her designated agent who exercises the authority and conducts proceedings in accordance with this chapter. (Ord. 1947 § 1. Code 1990 § 9-502)

8.25.030 Petition filed with Public Officer.

Whenever a petition is filed with the Public Officer by at least five 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 10 days nor more than 30 days after the serving of said complaint that the owner, mortgagee and parties in interest shall be given the right to file and 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 or such agent. If, after such notice and hearing, 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 fact in support of such determination and shall issue and cause to be served upon the owner thereof an order which:

A. If repair, alteration or improvement of the said structure can be made at a reasonable cost in relation to the value of the structure, which cost shall not exceed 20 percent of the replacement cost of such structure, the owner of said structure 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 chapter is met; or

B. 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, 20 percent or less of the replacement cost of such structure, which percentage is hereby deemed to be a reasonable standard by which to require either repair, alteration or improvement, or removal or demolition, the owner shall, within the time specified in said order, remove or demolish such structure. If the owner fails to comply with an order to repair, alter or improve or to vacate and close the structure, the Public Officer may cause such structure to be repaired, altered or improved, or to be vacated and closed. If the owner fails to comply with an order to remove or demolish the structure, the Public Officer may cause such structure to be removed or demolished. 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 fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens or 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 costs and the County Clerk shall extend the same on 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/she 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 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 such judicial proceedings, including his/her necessary attorney fees incurred therein, as determined by the court. (Ord. 1947 § 1. Code 1990 § 9-503)

8.25.040 Structures in violation.

The Public Officer may determine that a structure is unfit for human use or habitation if he/she finds that conditions exist in such structures which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of the City, or which have a blighting influence on properties in the area. Such conditions may include the following, without limitations: defects therein increasing the hazard of fire, accident or other calamities; lack of adequate ventilation; air pollution; lack of 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. (Ord. 1191 § 4. Code 1990 § 9-504)

8.25.050 Serving of complaint.

Complaints or orders issued by the Public Officer pursuant to this chapter shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are 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 week for two consecutive weeks in the official City newspaper. A copy of such complaint or order shall also be posted in a conspicuous place on the premises affected by the complaint or order, and another copy of such complaint or order shall also be filed with the Clerk of the District Court of Johnson County, Kansas, and such filing of the complaint or order shall have the same force and effect as other lis pendens orders provided by law. (Ord. 1191 § 5. Code 1990 § 9-505)

8.25.060 Injunction restraining Public Officer.

Any person affected by an order issued by the Public Officer may petition the District Court of Johnson 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 such person shall petition such Court within 30 days after the posting and service of the order of the Public Officer. Hearings shall be had by the District Court on such petitions as provided by K.S.A. 17-4759 as amended. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the Public 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. (Ord. 1191 § 6. Code 1990 § 9-506)

8.25.070 Powers granted to Public Officer.

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 chapter, including the following powers, in addition to others herein granted:

A. To investigate the structure conditions in the City in order to determine which structures therein are unfit for human use or habitation;

B. To administer oaths, affirmations, examine witnesses and receive evidence;

C. To enter upon premises for the purpose of making examinations; provided, that such entry 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;

D. To appoint and fix the duties of such officers, agents and employees as he/she deems necessary to carry out the purpose of this chapter; and

E. To delegate any of his/her functions and powers under this chapter to such officers, agents and employees as he/she may designate. (Ord. 1191 § 7. Code 1990 § 9-507)

8.25.080 Powers of this chapter.

Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of the City of Gardner, Kansas, to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this chapter shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this chapter shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise or to exercise those powers granted specifically by K.S.A. 12-1750 through 12-1756, both sections inclusive, as amended. (Ord. 1191 § 8. Code 1990 § 9-508)

8.25.090 Unlawful to fail to comply – Penalties.

It shall be unlawful for any person, corporation, association, partnership or individual to fail to comply with any lawful orders issued pursuant to the provisions of this chapter. Any person convicted of a violation of this chapter shall, upon conviction, be fined not less than $5.00 nor more than $100.00, or be imprisoned for not less than five days nor more than three months; or be both so fined and imprisoned. Each day during or on which a violation occurs or continues shall constitute a separate offense. (Ord. 2267 § 18; Ord. 1191 § 9. Code 1990 § 9-509)