Title 7 - Health and Sanitation

7.25.106.5 Abatement of violation

If the owner fails to timely comply with a notice of violation, the Code Official may (but is not required to) take such action as is reasonably necessary to abate the violation. Neither the Code Official nor the City shall be responsible for damage to the premises due to any reasonable exercise of abatement. The Code Official may use City's employees or contract for services to abate the violations.

106.5.1 Notice of Costs and Assessment. If a violation is abated, the Code Official shall, in the manner prescribed in Section 107.3, provide the owner or person responsible a notice of costs providing:

1. 1.
   A description of the real estate sufficient for identification.
2. 2.
   The nature of the violation and the abatement work performed.
3. 3.
   The abatement costs incurred (including administrative costs).
4. 4.
   A demand for payment within 30 days from the date of notice.
5. 5.
   A statement that the failure to pay within 30 days will allow the City to file a tax lien against the premises or to pursue litigation for the recovery of costs.

If unpaid after 30 days of the notice of costs, the abatement costs shall be assessed as a special assessment against the premises, and a lien shall be placed on the premises. Thereafter, 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 the premises. Assessments under this section shall be superior to all liens except general tax liens. Provided the City may collect such costs in the manner provided at K.S.A. 12-1,115, by bringing an action in the appropriate court as a personal debt, and the City may pursue both assessment and collection until the full cost, including applicable interest, court costs, attorney's fees and administrative costs have been paid in full.

106.5.3 Impact on prosecution. The imposition of abatement shall not preclude any appropriate prosecution or penalties, nor shall the imposition of any prosecution or penalties preclude the Code Official from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

(History: Ord. No. PM-3289 §10, 2020)

Effective on: 1/1/1901