Title 7 - Health and Sanitation

7.16.208 Abatement by City; Notice of Costs; Assessment and Collection.

1. A.
   If the Owner, occupant or agent fails to request a hearing and to self-abate the violation within the notice period, then the City may go onto the property to abate the violation in a reasonable manner. The City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to abate the violation. The City may use its own employees or contract for services to abate the violation.
2. B.
   If the City abates the violation, it shall provide a notice of costs to the Owner, occupant or agent by certified mail, return receipt requested, at the last known mailing address. If the property is vacant or unoccupied, the notice of costs shall also be posted on the property in a reasonable manner. The notice of costs shall state:

   1. 1.
      The common or legal description of the property, or both;
   2. 2.
      The nature of the violation, including relevant ordinances;
   3. 3.
      The nature of the work performed to abate the violation;
   4. 4.
      The costs incurred for the abatement in either a lump sum or in itemized form;
   5. 5.
      That the notice of costs is a demand for payment within 30 days from the date of the notice;
   6. 6.
      That failure to pay the entire amount within 30 days shall allow the City to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;
   7. 7.
      That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys' fees, and interest;
   8. 8.
      That payments shall be made by check or money order made payable to the City, with no post-dating of the check, and sent to the address stated within the notice of costs, with a written indication of the purpose for the payment and the address of the property where the violations occurred. (If the City offers payment by credit card, that information may also be provided.) Partial payments will not be accepted and shall be considered as non-payments.
3. C.
   If the payment of costs is not made within the thirty (30) day period, the City may file an affidavit of pending action with the Johnson County, Kansas Department of Records and Tax Administration with respect to the aforesaid costs. In addition, the City Clerk shall certify the aforesaid costs at the time of certifying other City taxes to the County Clerk, and the County Clerk shall extend the same on the tax roll of the County against the property, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as may be amended, by bringing an action in the appropriate court as a personal debt. The City may pursue both assessment and collection at the same time until the full cost, including applicable interests, court costs, attorneys' fees, and administrative costs have been paid in full.

(History: Ord. TP-3025 §11, 2014)

Effective on: 1/1/1901