Title 16 - Buildings and Construction

16.300.100 Building Code - Incorporation

16.300.114.5

Section 114.5 of the International Building Code is hereby added to read as follows:

114.5 Abatement of Violations. If the owner or any other person provided with a notice of violation under Section 114.2 fails to timely comply with the notice of violation, the building official may (but is not required to) take such action as is reasonably necessary to correct or abate the violation. Neither the building official nor the City shall be responsible for damage to the building, structure or property due to any reasonable exercise of correction or abatement. The imposition of correction or abatement shall not preclude any appropriate prosecution or penalties, nor shall the imposition of any prosecution or penalties preclude the building official from instituting appropriate action to: (i) restrain, correct or abate a violation; (ii) prevent illegal occupancy of a building, structure or property; and/or (iii) stop an illegal act, conduct, business or utilization of the building, structure or property.

If the building official corrects or abates the violation, the building official shall serve the owner a notice of costs in a manner prescribed in Section 114.2 providing:

1.

A description of the real property sufficient for identification.
2.

A description of the violation and the correction or abatement work performed
3.

The correction or abatement costs incurred (including administrative costs).
4.

A demand for payment within 30 days from the date of notice.
5.

A statement that the failure to pay within 30 days will allow the City to file a special tax assessment against the property and/or to pursue litigation for the recovery of costs.

If unpaid after 30 days of the notice of costs, the correction or abatement costs (including administrative costs) shall be assessed as a special tax assessment against the property, and the city clerk shall at the time of certifying other city assessments, certify the unpaid portion of the costs, and the county clerk shall extend the same on the tax rolls of the County against the property. 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.

History: BC-3499 §18, 2026; BC-3286 §15, 2020; Ord. BC-2936 §15, 2012; BC-2635 §28, 2007; BC-2459 §24, 2004; BC-2237 §1, 2001)

Effective on: 1/1/1901