CHAPTER IV. BUILDINGS AND CONSTRUCTION

Article 1. Fire Limits
Article 2. Building Code
Article 3. Electrical Code
Article 4. Mechanical
Article 5. Plumbing and Gas-Fitting Code
Article 6. Moving Buildings
Article 7. Dangerous and Unfit Structures

• FIRE LIMITS ESTABLISHED. The following shall be and are hereby declared to be the fire limits of the city:

The Corporate City Limits of the City of Goddard, Sedgwick County, Kansas

(Code 2001)

• DEFINITIONS. As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:
  • Whenever the word "Municipality" is used in this chapter, it shall be held to mean the City of Goddard, Kansas;
  • Whenever the term "Planning Commission" is used in this chapter, it shall be held to mean the City Planning Commission for Goddard, Kansas.
  • Whenever the term "Governing Body " is used in this chapter, it shall be held to mean the City Council and Mayor of the City of Goddard, Kansas.
  • Whenever the term "Building Official" as used in this chapter, it shall be held to mean the Sedgwick County Department of Code Enforcement or its authorized designee.
  • Whenever the term "Unincorporated Areas" as used in this chapter, it shall be held to mean that area within the corporate city limits of the City of Goddard, Kansas. (Code 2001)
• STANDARD CODE ADOPTED. The building, electrical, mechanical and plumbing codes known as the Uniform Building Code, 1991 Edition, as amended, as published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601, including the Appendix thereto, including certain provisions hereinafter declared to be omitted, changed, or added to is hereby adopted as the Building Code for the corporate limits of the City of Goddard, Kansas as if fully set out herein. The Building Code shall also include all appendices and codified supplements to the Uniform Building Code, 1991 Edition. No less than three copies of the Building Code incorporated by reference shall be on file with the City Clerk. The copies shall be marked or stamped "Official Copy" as incorporated by Ordinance No. 490 with all sections or portions thereof intended to be omitted clearly marked to show any such omissions. The copies shall have attached a copy of Ordinance No. 490 and shall be open to inspection and available to the public at all reasonable business hours. (Ord. 490, Secs. 1,3; Code 2001)
• AMENDMENTS. In addition to the standard code referenced above, this article also incorporates the omissions, changes, and additions to the above referenced code found in Sedgwick County, Kansas Resolution No. 267-1992 and contained in Chapter 6, Articles I-V of the Sedgwick County Code, as amended. The resolutions and code will be on file with the above referenced uniform building code in the office of the City Clerk. (Ord. 490, Sec. 2)
• ADDITIONAL PROVISIONS. Unless the contrary is clearly stated, each of the following sections of this article is in addition to, and not in lieu of, the provisions of the standard code incorporated by reference in section 4-202. (Code 2001)
• BUILDING OFFICIAL; POWERS; DUTIES. Pursuant to "Interlocal Agreement for Code Enforcement and Service for building, Electrical, Mechanical, and Plumbing Codes, as Codified in Chapter 6, Articles I-V, incl. Sedgwick County Code as Amended; by and between City of Goddard, Kansas and Sedgwick County," this and other articles of the city relating generally to building and structures shall be administered and enforced by the Sedgwick County Department of Code Enforcement. The Sedgwick County Department of Code Enforcement shall act as the Building Official and may assume the responsibilities for the issuance of building permits and the inspection of building work.
• CONTRACTOR; LICENSE REQUIRED; FEE. No person The provisions of Chapter 6, Articles I-V of the Sedgwick County Code, as amended, shall apply in a like manner to this article. (Code 2001)
• SAME; DUTIES. The Building Inspector shall have the following duties:
  • To enforce all regulations relating to construction, alteration, repair, removal and demolition of building and structures;
  • To examine all buildings in the process of erection, construction, alteration or relocation in the city for the purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;
  • To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during stated office hours, but shall not be removed from the office of the Building Official without its written consent. (Code 2001)
• SAME; POWERS. The Building Inspector shall have the following powers:
  • To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection, to perform the duties contained in this chapter;
  • To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;
  • May cause any work done in violation of this chapter to be discontinued until he or she shall have satisfactory evidence that the work will be done in accordance with the building regulations of the city, subject to the right of any builder or owner to appeal to the Governing Body. (Code 2001)
• SAME; RIGHT OF ENTRY. The Building Inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter. (Code 2001)
• CLARIFICATION; MODIFICATION.
  • The Governing Body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or require interpretation.
  • The Building Inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee, or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the Building Inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the Building Inspector and a signed copy shall be furnished to the applicant. (Code 2001)
• BUILDING PERMIT REQUIRED; APPLICATION; APPROVAL. It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected within the city without a building permit being first obtained therefor from the City Clerk, after approval by the Building Official. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal of any building begins. (Code 2001)
• SAME; APPLICATION INFORMATION REQUIRED.
  • A building permit shall be issued upon an application in writing to the office of City Clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:
    • The name of the owner of the lot or tract of ground;
    • The location of the building or structure;
    • The building work proposed;
    • The outside dimensions of the building by floors and dimensions of the basement (if any);
    • The class of occupancy;
    • The class of construction;
    • The kind of materials to be used for walls, floors, ceilings, roofs, and foundations;
    • The estimated cost of the work;
    • The date work will commence;
    • Expected date of completion;
    • Name and address of contractor or contractors doing the work;
    • Such other information as may be pertinent to the issuance of the required permit.
    
    
    

• An application for a building permit shall be signed by the owner, or his or her duly authorized agent, or a building contractor licensed by Sedgwick County, Kansas. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the Building Inspector for work performed.
• Upon approval of the completed application and a determination that a permit should be issued, the Building Official issue a permit to the owner or contractor authorizing the building work covered by the application.
• Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the building work authorized by such permit. Building work commenced for the purpose of this section shall mean the beginning of building work other than the preparation of plans or the staking out of the building location or the letting of a building contract. (Code 2001)
• SAME; PLANS AND SPECIFICATIONS. Whenever an application for a building permit is made, the Building Official may, if he or she finds it necessary to determine whether building work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed building as may be prepared for the purpose. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the Building Official may require the applicant to file complete architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority of the city to deny or issue a permit, or to inspect any building work for conformity with this article. (Code 2001)
• SAME; FEES. The fee for a building permit shall be as set forth in Chapter 6, Articles I-V of the Sedgwick County Code, as amended. The fee herein shall be paid to the City Clerk upon obtaining a building permit and the same shall be credited to the general operating fund of the city. (Code 2001)
• SAME; POSTING. A copy of the building permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The Building Inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. (Code 2001)
• CERTIFICATE OF APPROVAL. Upon the completion of any work under a building permit, the Building Official, the Building Inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner. (Code 2001)
• BUILDER'S OR BUILDING CONTRACTOR'S LICENSE REQUIRED. In lieu of assessing and collecting its own fees for contractor's licenses, the City of Goddard adopts Sedgwick County's requirements for licensing and permitting, and thereby defers such assessing and collecting to Sedgwick County by incorporating by reference Sedgwick County's requirements for contractor's licenses which are codified in the Sedgwick County Code, Chapter 6, Articles I-V, inclusive, Section 6-27, Uniform Building Code (UBC), Section 110.1, building contractor's license requirements.
• SEVERABILITY. If any section of the Uniform Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 2001)

ARTICLE 3. ELECTRICAL CODE

Section 1.         It is hereby adopted and incorporated by reference, as if fully set out herein, for the purpose of regulating and controlling the installation, construction, enlargement, alteration, repair, removal, maintenance, and use of electrical systems, conductors and equipment within or on private or public buildings or other structures and other premises that connect to the supply of electricity; providing for the issuance of permits and collection of fees therefor; establishing the Board of Electrical Examiners and Appeals; establishing for electrical contractors and mobile home serviceman electrical contractors, license requirements and penalties for violations thereof; and establishing for master and journeyman electricians and for mobile home serviceman electricians, certificates, the requirements and exceptions thereto, and for the process of suspension or revocation thereof; creating the office of Electrical Inspector; establishing truth in advertising requirements, the NFPA 70 National Electrical Code, 2002 Edition, including Article 80 (Admission and Enforcement), as published by the National Fire Protection Association, One Batterymarch Park, Quincy, Massachusetts 02269, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

Section 2.         It is hereby adopted and incorporated by reference for the purpose of amending the NFPA 70 National Electrical Code, 2002 Edition, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain “Resolution No. 198-03,” as adopted by the Board of County Commissioners of Sedgwick County, Kansas, on August 13, 2003 and published on August 18, 2003 in the official county newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

Section 3.         AUTHORIZATION TO ENTER INTO ENABLING INTERLOCAL AGREEMENTS.  The mayor of the City of Goddard, Kansas is hereby authorized to enter into such interlocal agreement or agreements that may be necessary to effectuate the purposes of this ordinance.

Section 4.         INTERPRETATION OF THE TERM “UNINCORPORATED AREAS.”  Any and all references to, and uses of, the terms “unincorporated areas of Sedgwick County” or “unincorporated areas” in the Sedgwick County Resolution adopted and incorporated by reference herein shall be deemed to mean and include areas within the corporate limits of the City of Goddard, Kansas.

Section 5:         SEVERABILITY. In the event any section or part of this ordinance is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining sections or provisions and such remaining sections or provisions shall remain valid and enforceable.

Section 6.         CONFLICTING ORDINANCES AND CODE PROVISIONS REPEALED.  Any previous or existing ordinances or provisions of the City Code of the City of Goddard, Kansas, that are in conflict with this ordinance are hereby repealed.

Section 7.         EFFECTIVE DATE.  This ordinance shall take effect and be in full force after its adoption by the Governing Body of the City of Goddard, Kansas and its publication once in the official newspaper of the City.

Adopted and passed by the Governing Body of the City of Goddard, Kansas, this 15th day of September, 2003.

 (Code 2003; Ord 590)

ARTICLE 4. MECHANICAL

Section 1.         It is hereby adopted and incorporated by reference, as if fully set out herein, for the purpose of providing for penalties and prosecution of violations thereof; regulating and controlling the design, construction, quality of material, erection, relocation, replacement, addition to, use or maintenance of heating, ventilating, cooling, refrigeration systems, incinerators, or other miscellaneous heat-producing appliance in the unincorporated area of Sedgwick County, Kansas; providing for the issuance of permits and collection of fees therefore; establishing the Board of Mechanical Examiners and Appeals; establishing for mechanical contractors, license requirements and penalties for violations thereof; and establishing for master and journeyman mechanics, certificates, the requirements and exceptions thereto and for the process of suspension and revocation thereof; creating the office of Mechanical Inspector; and establishing truth in advertising requirements, the Uniform Mechanical Code, 1997 Edition, as published by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

Section 2.         It is hereby adopted and incorporated by reference for the purpose of amending the Uniform Mechanical Code, 1997 Edition, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain “Resolution No. 231-98” and “Resolution No. 200-03,” as adopted by the Board of County Commissioners of Sedgwick County, Kansas, on December 30, 1998 and August 13, 2003, respectively, and published on January 4, 1999 and August 18, 2003, respectively, in the official county newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

Section 3.         AUTHORIZATION TO ENTER INTO ENABLING INTERLOCAL AGREEMENTS.  The mayor of the City of Goddard, Kansas is hereby authorized to enter into such interlocal agreement or agreements that may be necessary to effectuate the purposes of this ordinance.

Section 4.         INTERPRETATION OF THE TERM “UNINCORPORATED AREAS.”  Any and all references to, and uses of, the terms “unincorporated areas of Sedgwick County” or “unincorporated areas” in the Sedgwick County Resolutions adopted and incorporated by reference herein shall be deemed to mean and include areas within the corporate limits of the City of Goddard, Kansas.

Section 5:         SEVERABILITY. In the event any section or part of this ordinance is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining sections or provisions and such remaining sections or provisions shall remain valid and enforceable.

Section 6.         CONFLICTING ORDINANCES AND CODE PROVISIONS REPEALED.  Any previous or existing ordinances or provisions of the City Code of the City of Goddard, Kansas, that are in conflict with this ordinance are hereby repealed.

Section 7.         EFFECTIVE DATE.  This ordinance shall take effect and be in full force after its adoption by the Governing Body of the City of Goddard, Kansas and its publication once in the official newspaper of the City.

Adopted and passed by the Governing Body of the City of Goddard, Kansas, this 15th day of September, 2003.

 (Code 2003; Ord 592)

ARTICLE 5. PLUMBING AND GAS-FITTING CODE

Section 1.         It is hereby adopted and incorporated by reference, as if fully set out herein, for the purpose of providing for penalties and prosecution of violations thereof; regulating and controlling the erection, installation, alteration, addition, repair, relocation, replacement, maintenance or use of any plumbing system, except as otherwise provided for in the Uniform Plumbing Code, 2000 edition in the unincorporated area of Sedgwick County, Kansas; providing for the issuance of permits and collection of fees thereof; establishing the Board of Plumbing Examiners and Appeals; establishing license requirements for plumbing contractors, gas fitter contractors, drain layer contractors, and all specialty contractors; establishing certificates for master and journeyman plumbers, gas fitters, and drain layers, the requirements thereof and exceptions thereto, and for the process of suspension and revocation thereof; creating the office of Plumbing Inspector; and establishing truth in advertising, that publication known as the Uniform Plumbing Code, 2000 edition, as published by the International Association of Plumbing and Mechanical Officials, 20001 Walnut Drive South, Walnut, California 91789, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified, amended, or changed, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

Section 2.         It is hereby adopted and incorporated by reference for the purpose of amending the Uniform Plumbing Code, 2000 Edition, in the form of omissions, amendments, modifications, changes, and deletions thereto, that certain “Resolution No. 199-03,” as adopted by the Board of County Commissioners of Sedgwick County, Kansas, on August 13, 2003 and published on August 18, 2003 in the official county newspaper, such incorporation being authorized by K.S.A. 12-3009 through 12-3012, inclusive, as amended.

Section 3.         AUTHORIZATION TO ENTER INTO ENABLING INTERLOCAL AGREEMENTS.  The mayor of the City of Goddard, Kansas is hereby authorized to enter into such interlocal agreement or agreements that may be necessary to effectuate the purposes of this ordinance.

Section 4.         INTERPRETATION OF THE TERM “UNINCORPORATED AREAS.”  Any and all references to, and uses of, the terms “unincorporated areas of Sedgwick County” or “unincorporated areas” in the Sedgwick County Resolution adopted and incorporated by reference herein shall be deemed to mean and include areas within the corporate limits of the City of Goddard, Kansas.

Section 5:         SEVERABILITY. In the event any section or part of this ordinance is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining sections or provisions and such remaining sections or provisions shall remain valid and enforceable.

Section 6.         CONFLICTING ORDINANCES AND CODE PROVISIONS REPEALED.  Any previous or existing ordinances or provisions of the City Code of the City of Goddard, Kansas, that are in conflict with this ordinance are hereby repealed.

Section 7.         EFFECTIVE DATE.  This ordinance shall take effect and be in full force after its adoption by the Governing Body of the City of Goddard, Kansas and its publication once in the official newspaper of the City.

Adopted and passed by the Governing Body of the City of Goddard, Kansas, this 15^th day of September, 2003.

 (Code 2003; Ord 591)

ARTICLE 6. MOVING BUILDINGS

• BUILDING OFFICIAL; AUTHORITY. The Sedgwick County Department of Code Enforcement or its authorized designee shall be responsible for the administration and enforcement of this article and appointment of an inspector in accordance with sections 4-205:210 of this chapter, which apply in a like manner to this article. (Code 2001)
• PERMIT REQUIRED. No person, firm or corporation shall move, haul, or transport any house, building, derrick, or other structure of the height when loaded for movement of 16 feet or more from the surface of the highway, road, street or alley, or a width of eight feet or more or which cannot be moved at a speed of four miles per hour or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefore. (K.S.A. § 17-1914; Code 2001)
• SAME: APPLICATION FOR PERMIT. All applications for permits required under the provisions of this article shall be made in writing to the City Clerk specifying the day and hour said moving is to commence and the route through the citys streets over which the house, building, derrick or other structure shall be moved and stating whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables or other aerial equipment of any public or municipally-owned utility, and if so, the application shall also state the name of the public or municipally owned utility, and the time and location that the applicants moving operations shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities. (K.S.A.§ 17-1915; Code 2001)
• SAME; BOND, INSURANCE REQUIRED.
  • It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the Governing Body, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any such house or structure. The bond herein shall be in the sum of $5,000, or cash may be deposited in lieu of such surety bond.
  • A public liability insurance policy issued by an insurance company authorized to do business in the State of Kansas, in the amount of $100,000 per person, $300,000 per accident as to personal injury, and $50,000 property damage may be permitted in lieu of a bond. (Code 2001)
• SAME; FEE. Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee of not less than $5 to the City Clerk; plus the additional cost for the time for any city crews involved in such moving. (Code 2001)
• CONTRACTOR; LICENSE REQUIRED; FEE. The provisions of Section 4-217 of this chapter shall apply in a like manner to this article. (Code 2001)
• ROUTE; DUTIES OF BUILDING OFFICIAL. The City Clerk shall, upon filing of the above application, refer the same to the Building Official to check the proposed route and determine if it is practical to move such house or other structure over the route proposed. If it shall appear that such route is not practical and another route may be used equally well with less danger to street and travel, then he or she may designate such other route as the one to be used and shall notify the applicant of the same. The Building Official may also require the planking of any Street, bridge or culvert or any part thereof to prevent damage thereto. It shall also be the duty of the Building Official to inspect the progress of moving any house or other structure to see that the same is being moved in accordance with the provisions of this article. (Code 2001)
• NOTICE TO OWNERS.
  • Upon issuance of a moving permit the applicant shall give not less than 15 days written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of the intent to move the structure, giving the time and location that the applicants moving operation shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment.
  • The notice provision of subsection (a) shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.
  • Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than 24 hours advance notice of the actual operation. (K.S.A. § 17-1916; Code 2001)
• DUTY OF OWNERS.
  • It shall be the duty of the person or the city owning or operating such poles or wires after service of notice as provided herein, to furnish competent lineman or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit.
  • The owner of any wires, cables or other aerial equipment, after service of notice as provided in section 4-608, shall be liable to the permit holder for damages in an amount not to exceed $100 per day for each day the owner shall fail or refuse to accommodate the permit holders moving operations. (K.S.A. § 17-1917; Code 2001)
• INTERFERING WITH POLES; WIRES. It shall be unlawful for any person engaged in moving any house or other structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment. (K.S.A. § 17-1918; Code 2001)
• DISPLAY OF LANTERNS. It shall be the duty of any person moving any of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display red lanterns thereon in such a manner as to show the extreme height and width thereof from sunset to sunrise. (Code 2001)

ARTICLE 7. DANGEROUS AND UNFIT STRUCTURES

• PURPOSE. The Governing Body has found that there exist within the corporate limits of the city structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards of fire or accidents, structural defects or other conditions which render such structures unsafe, unsanitary or otherwise inimical to the general welfare of the city, or conditions which provide a general blight upon the neighborhood or surrounding properties. It is hereby deemed necessary by the Governing Body to require or cause the repair, closing or demolition or removal of such structures as provided in this article. (K.S.A. § 12-1751; Ord. 480, Sec. 1; Code 2001)
• DEFINITIONS. For the purpose of this article, the following words and terms shall have the following meanings:
  • "Enforcing Officer" means the Sedgwick County Department of Code Enforcement or its authorized representative.
  • "Structure" shall include any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground. (K.S.A. § 12-1750; Ord. 480, Sec. 2; Code 2001)
• ENFORCING OFFICER; DUTIES. The Enforcing Officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article, including the following:
  • Inspect any structure which appears to be unsafe, dangerous or unfit for human habitation;
  • Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. If entry is denied, the Enforcing Officer may seek an order for this purpose from a court of competent jurisdiction;
  • Report all structures which he or she believes to be dangerous, unsafe or unfit for human habitation to the Governing Body;
  • Receive petitions as provided in this article. (Ord. 480, Sec. 3; Code 2001)
• PROCEDURE; PETITION. Whenever a petition is filed with the Enforcing Officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the Enforcing Officer on his or her own motion that any structure is dangerous, unsafe or unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, report such findings to the Governing Body. (Ord. 480, Sec. 4; Code 2001)
• SAME; NOTICE. The Governing Body upon receiving a report as provided in section 4-704 shall by resolution fix a time and place at which the owner, the owners agent, any lienholder of records and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished. (K.S.A. § 12-1752; Ord. 480, Sec. 5; Code 2001)
• SAME; PUBLICATION.
  • The resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hearing.
  • A copy of the resolution shall be mailed by certified mail within three days after its first publication to each owner, agent, lienholder and occupant at the last known place of residence and shall be marked "deliver to addressee only." (K.S.A. § 12-1752; Ord. 480, Sec. 5; Code 2001)
• SAME; HEARING, ORDER.
  • If, after notice and hearing, the Governing Body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall cause the resolution to be published once in the official city newspaper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the Governing Body will cause the structure to be razed and removed.
  • If the repair, alteration, or improvement of the structure can be made at a cost which shall not exceed 50 percent of the fair market value of the structure, the owner of the property shall, within the time specified in the order, repair, alter or improve the structure to render it safe and fit for human use or habitation, or shall vacate and close the structure until such time as he has complied with the order.
  • If the repair, alteration or improvement of the structure cannot be made at a cost of 50 percent or less of its fair market value, the owner shall, within the time specified in the order, remove or demolish the structure. (Ord. 480, Sec. 6; Code 2001)
• DUTY OF OWNER. Whenever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the same secure and safe or to remove the same. (Ord. 480, Sec. 8; Code 2001)
• SAME; FAILURE TO COMPLY.
  • If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the Enforcing Officer may cause the structure to be repaired, altered, improved, or to be vacated and closed.
  • If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the structure, the Enforcing Officer may cause the structure to be removed and demolished. (Ord. 480, Sec. 9; Code 2001)
• SAME; MAKE SITE SAFE. Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition. If the owner fails to take such action, the Enforcing Officer may proceed to make the site safe. (Ord. 480, Sec. 10; Code 2001)
• ASSESSMENT OF COSTS.
  • The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the Enforcing Officer, including making the site safe, shall be reported to the City Clerk.
  • The city shall give notice to the owner of the structure by restricted mail of the cost of removing the structure and making the premises safe and secure. The notice shall also state that payment of the cost is due and payable within 30 days following receipt of the notice.
  • If the costs remain unpaid after 30 days following receipt of notice, the City Clerk may sell any salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing the structure and making the site safe. Any proceeds in excess of that required to recover the costs shall be paid to the owner of the premises upon which the structure was located.
  • If the proceeds of the sale of salvage is insufficient to recover the cost, or if there is no salvage, the City Clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the costs to the county clerk who shall extend the same on the tax roll of the county. (K.S.A. § 12-1755; Ord. 480, Sec. 11; Code 2001)
• IMMEDIATE HAZARD. When in the opinion of the Governing Body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the Governing Body may direct the Enforcing Officer to erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any action under this section shall be assessed against the property as provided in section 4-611. (K.S.A. § 12-1756; Ord. 480, Sec. 12; Code 2001)
• APPEALS FROM ORDER. Any person affected by an order issued by the Governing Body under this article may, within 30 days following service of the order, petition the district court of the county in which the structure is located for an injunction restraining the Enforcing Officer from carrying out the provisions of the order pending final disposition of the case. (Ord. 480, Sec. 13; Code 2001)
• SCOPE OF ARTICLE. Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city 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 article shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this article 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 through1756. (Ord. 480, Sec. 14; Code 2001)