For the purpose of this article, certain terms and words are hereby defined as follows:

(a)   Structures: anything constructed or erected which required location on the ground or attached to something having a location on the ground.

(b)   Residential Structures: Any building, dwelling or structure, or part thereof, used and occupied for human habitation or intended to be used and including any appurtenances belonging thereto or usually enjoyed therewith.

(c)   Non Residential Structures: Any structure, which is used for other than residential purposes, or a part of such structure, or a structure a part of which is used for other than nonresidential purposes, and, where applicable, the premises on which such structures are situated.

(d)   Health and Safety Officer: That Person appointed by the Mayor and approved by the City Council as pursuant to Section 7-101, to exercise the authority and conduct proceedings in accordance with this Chapter.

(e)   Governing Body: The Council and Mayor of the City of Peabody, Kansas.

(Ord. 2004-05; Code 2016)

Whenever a petition is filed with the Health and Safety Officer by at least five (5) residents of the municipality charging that any structure is unfit for human use or habitation or that said grounds, yards or lots have accumulated junk, trash or are of unsightly appearance to the extent of being a public nuisance and eyesore and dangerous to the health and welfare of residents of the City, he or she shall, if preliminary investigation disclosed a basis for such charges, serve upon the owner, every mortgagee of record, and all parties in interest in such structure including persons in possession) a complaint stating the charges in that respect. Such complaint shall contain a notice that a hearing will be held before the Governing Body at a place therein fixed not less than twenty (20) days nor more than forty-five (45) days after the serving of said complaint; the owner, mortgagee, and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before said Governing Body.

If, after such notice and hearing, the Governing Body determines that the structure under consideration is unfit for human use or habitation or said yard, lot or grounds fail to comply with the standards herein set forth, they shall state in writing their findings of facts in support of such determination and shall issue and cause to be served upon the owner and other interested parties thereof an order which states:

(a)   If repair, alteration or improvements of the said structure can be made at a reasonable cost in relation to the value of the structure, which cost shall not exceed FIFTY PERCENT (50%) of the fair market value of such structure, said fair market value to be established by the Health and Safety Officer, the owner of said structure shall within the time specified in the order, repair, alter or improve such structure to render it fit for human use or habitation or shall vacate and close the structure until conformance with this article is met; or

(b)   If the repair, alteration, or improvement of the said structure cannot be made at a reasonable cost in relation to the value of the structure, that is to say FIFTY PERCENT (50%) or less of the fair market value of such structure, which percentage is hereby deemed to be a reasonable standard by which to require either repair, alteration or improvement, or removal or demolition, the owner shall within the time specified in said order remove or demolish such structure.

(c)   If the owner fails to comply with an order to remove or demolish the structure, the Governing Body may cause such structure to be removed or demolished.

(d)   The amount of the cost of such clean up, repairs, alterations or improvements or vacating and closing, or removal or demolition by the Governing Body, shall be a lien against the real property upon which such cost was incurred, and such lien, including as part thereof allowance of his costs and the necessary attorney fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens or real property; or shall be assessed as a special assessment against the lot or parcel of land on which the structure was located, and the City Clerk shall at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs and the County Clerk shall extend the same on the tax rolls of the County against said lot or parcel of land. If the structure is removed or demolished by the Governing Body, they may, at their discretion, sell the materials of such structure and shall credit the proceeds of such sale against the cost of the removal or demolition, and if there be any balance remaining, it shall be paid to the parties entitled thereto as determined by proper judicial proceedings instituted by the Governing Body after deducting the costs of such judicial proceedings, including its necessary attorney fees incurred therein as determined by the Court.

(Ord. 2004-05; Code 2016)

The Governing Body may determine that a structure is unfit for human use or habitation if it finds that conditions exist in such structure which is dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of the City, or which have a blighting influence on properties in the area. Such conditions may include the following, without limitations: defects therein increasing the hazard of fire, accident, or other calamities; lack of adequate ventilation, air pollution, light or sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness, overcrowding; inadequate ingress and egress; dead and dying trees, limbs or other unsightly natural growth; unsightly appearances that constitute a blight to adjoining property, the neighborhood or the City; walls, sidings or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies, machinery, truck or automobiles, or parts thereof; vermin infestation; inadequate drainage; failure to meet the minimum housing (structure) standards established by the Code of the City of Peabody, or any violation of health, fire, building or zoning regulations or any other laws or regulations relating to the use of land and the use and occupancy of buildings and improvements.

(Ord. 2004-05; Code 2016)

Complaints or orders issued by the Health and Safety Officer or the Governing Body pursuant to this article shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Health and Safety Officer in the exercise of reasonable diligence, and the Health and Safety Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two (2) consecutive weeks in the official newspaper of the City. A copy of such complaint or order shall also be posted in a conspicuous place on the premises affected by the complaint or order, and another copy of such complaint or order shall also be filed with the Clerk of the District Court of Marion County, Kansas, and such filing of the complaint or order shall have the same force and effect as other lis pendens orders provided by law.

(Ord. 2004-05; Code 2016)

Any person affected by an order issued by the Governing Body may petition the District Court of Marion County, Kansas, for an injunction restraining the Health and Safety Officer from carrying out the provisions of the order, and the Court may, upon such petition, issue a temporary injunction restraining the Health and Safety Officer, pending the final disposition of the cause; provided, however, that such person shall petition such Court within thirty (30) days after the posting and service of the order of the Governing Body. Hearings shall be held by the District Court on such petitions as provided by K.S.A. §17 4759 as amended. The remedies herein provided shall be exclusive remedies, and no person affected by an order of the Governing Body shall be entitled to recover any damages for action taken, pursuant to any order of the Governing Body or because of compliance or noncompliance by such person with any order of the Governing Body.

(Ord. 2004-05; Code 2016)