Pursuant to the provisions of K.S.A. 12-3009 et seq., and K.S.A. 12-3301 et seq., the 2024 Edition of the International Property Maintenance Code (hereinafter referred to as the “Property Maintenance Code”) is hereby adopted by reference, as if said model or standard code were set out in full herein, save and except such sections, parts, or portions as may be omitted or deleted, modified, or changed elsewhere within the Code of the City of Andover, Kansas, including but not limited to Section 4-503 hereof.
(Ord. 1956)
The following Sections of the Property Maintenance Code, incorporated by reference in Section 4-501 herein, are repealed and deleted:
(a) Section 107-VIOLATIONS of the Property Maintenance Code is hereby repealed.
(b) Section 111-DEMOLITION of the Property Maintenance Code is hereby repealed.
(Ord. 1956)
The Property Maintenance Code, incorporated by reference in Section 4-501 herein, shall be amended as follows:
(a) “Section 102.3 Application of other codes.” shall be amended to read as follows:
Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Wichita/Sedgwick County Unified Building and Trade Code as adopted in Ordinance 1956 by reference.
(Ord. 1956)
(Ord. 1956)
It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
(Ord. 1956)
(a) The governing body or its designee, as
hereinafter named, shall serve upon the owner, any agent of the owner of the
property or any other person, corporation, partnership or association found by
the Building Official to be in violation of this article an order stating the violation. The order shall be
served on the owner or agent of such property by certified mail, return receipt
requested or by personal service. If the
property is unoccupied and the owner is a nonresident, then by mailing the
order by certified mail, return receipt requested, to the last known address of
the owner.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first-class mail. The order shall state:
(1) The condition which has caused the violation
of the ordinance; and
(2) That the person in violation shall have:
(A) 10 days from the date of the mailing of the
order to abate the exterior conditions (yard) violation; and/or
(B) 30 days from the date of the mailing of the
order to abate the exterior conditions (structure) violation; or in the
alternative to subsections (2)(A) and (2)(B) of this section;
(C) 10 days from the date of the mailing of the
order, plus any additional time granted under subsection (3), to request, as
provided in section 4-502.5, a hearing before the governing body on the matter.
(3) Provided, however, that the governing body or
its designee named herein shall grant one or more extensions to the time
periods stated in subsections (2)(A), (2)(B) and (2)(C), above, if the owner or
agent of the property demonstrates that due diligence is being exercised in the
abatement of the conditions which have caused the violation; and
(4) That failure to abate the condition or to
request a hearing may result in prosecution under section 4-502.3 and/or
abatement of the condition by the city according to section 4-502.4, with the
costs assessed against the property under section 4-502.7.
(c) The Building Official is hereby designated by
the governing body for the purposes of issuing the order required herein. Such order shall be issued by the Building
Official upon the filing of a written statement of a violation of this
article. The order shall be issued in
the name of the governing body shall be served as required in this article and
shall contain all notices and other information as required by this article and
K.S.A. 12-1617e and amendments thereto.
(Ord. 1956)
The Building Official
may file a complaint in the municipal court against any person found to be in
violation of this article, provided however, that such person shall first have
been sent a notice as provided in 4-502.2 and that the person has neither
alleviated the conditions causing the alleged violation nor requested a hearing
before the governing body within the time periods specified in 4-502.2. Upon such complaint in the municipal court,
any person found to be in violation of this article shall upon conviction be
punished by a fine of not less than $50 nor more than $500, or by imprisonment,
for not more than 30 days, or by both such fine and imprisonment, for each
offense. For the purposes of this
ordinance, a separate offense shall be deemed committed on each day during or
on which such violation is permitted to exist.
(Ord. 1956)
In addition to, or as an alternative to prosecution as provided in 4-502.3, the Building Official may seek to remedy violations of this ordinance in the following manner. If a person to whom an order has been served pursuant to 4-502.2 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in 4-502.2, the Building Official may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided 4-502.7.
A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in
violation;
(b) Certified mail, return receipt requested; or
(c) In the event the whereabouts of such person
are unknown and the same cannot be ascertained in the exercise of reasonable
diligence, an affidavit to that effect shall be made by the public officer and
filed with the city clerk, and the serving of the resolution shall be made by
publishing the same once each week for two consecutive weeks in the official
city newspaper and by posting a copy of the resolution on the premises where
such condition exists.
(d) If the owner or the agent of the owner of the
property has failed to accept delivery or otherwise failed to effectuate
receipt of a notice or order sent pursuant to this section during the preceding
twenty-four month period, the governing body of the city may provide notice of
the issuance of any further orders to abate or remove a nuisance from such
property or provide notice of the order by such methods including, but not
limited to, door hangers, conspicuously posting notice of such order on the
property, personal notification, telephone communication or first class
mail. If the property is unoccupied and
the owner is a nonresident, notice provided by this section shall be given by
telephone communication or first-class mail.
(Ord. 1956)
If a hearing is requested within the 10-day period as provided in 4-502.2 such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the Building Official. The hearing shall be held by the governing body or its designated representative as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the manner provided in 4-502.4.
(Ord. 1956)
Any person affected by
any determination of the governing body under 4-502.4 or 4-502.5 may appeal
such determination in the manner provided by K.S.A. 60-2101.
(Ord. 1956)
If the city abates or
removes the nuisance pursuant to section 11, the city shall give notice to the
owner of his or her agent by certified mail, return receipt requested, of the
total cost of the abatement or removal incurred by the city. The notice shall also state that the payment
is due within 30 days following receipt of the notice. The city also may recover the cost of
providing notice, including any postage, required by this section. The notice shall also state that if the cost
of the removal or abatement is not paid within the 30 day period, the cost of
the abatement or removal shall be collected in the manner provided by K.S.A.
12-1,115, and amendments thereto, or shall be assessed as special assessments
and charged against the lot or parcel of land on which the nuisance was located
and the city clerk, at the time of certifying other city taxes, shall certify
the unpaid portion of the cost and the county clerk shall extend the same on
the tax rolls of the county against such lot or parcel of land and it shall be
collected by the county treasurer and paid to the city as other city taxes are
collected and paid., The city may pursue
collection both by levying a special assessment and in the manner provided by K.S.A.
12-1,115, and amendments thereto, but only until the full cost and applicable
interest has been paid in full.
(Ord. 1956)
Penalties for
noncompliance with orders and notices shall be as set forth in Section 4-502.3.
(Ord. 1956)
It shall be unlawful
for the owner of any dwelling unit or structure who has received a compliance
order or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of such dwelling unit or structure to
another until the provisions of the compliance order or notice of violation
have been complied with, or until such owner shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any compliance order or notice
of violation issued by the Building Official and shall furnish to the Building
Official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such compliance order or
notice of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance order or
notice of violation.
(Ord. 1956)
Nothing in this ordinance 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 laws nor to prevent or punish violation thereof. The powers conferred by this ordinance shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.
(Ord. 1956)
Not less than one (1)
copy of the 2024 Edition of the International Property Maintenance Code
by reference in Section 4-501 shall be filed with the City Clerk. Such
copy(ies) shall be marked or stamped, “Official Copy
as incorporated by Ordinance No. 1956” with all section or portions thereof
intended to be omitted clearly marked to show any such omissions and all
provisions changing or adding to the incorporated provisions shall be clearly
marked or inserted. Such copy(ies) shall have attached a copy of this article
and shall be open to inspection and available to the public during all
reasonable business hours.
(Ord. 1956)