The Zoning Administrator is hereby designed as the “enforcing officer” of the city charged with the administration of the provisions of K.S.A. 12 1750, being an act relating to cities, authorizing cities to cause the repair or removal or to remove dangerous and unsafe structures.

That all excavations or former, basements and open pits situated upon land shall be filled up within 30 days after said excavation, basement or pit is uncovered.

The owner or his agent when filling in the basement shall not use any solid material from the surface grade to a depth of four feet (4’). Below four feet (4’) the owner or his agent may use the existing concrete or rock foundation for fill.

(Ord. 770)

Before the area is filled, the owner or his agent shall close and seal off the sewer line to said premises and shall cut off the water a e corporate valve.

Upon the failure of the owner or his agent to comply with the provisions of this article within the time mentioned in section 6-802, the City Council may, upon a finding that said pit, basement or other excavation is dangerous, proceed to cause the same to be filled or securely covered: and all expenses incurred therein shall be duly itemized, verified and delivered to the County Clerk, together with a description of the land where said pit, basement or other excavation is situated and the Clerk shall enter the same upon the tax rolls against the tract of land and the same shall become a lien upon said premises and shall be collected by the County Treasurer as other taxes and delivered to the City of Peabody, or City may, in the alternative, exercise any other rights or remedies as may be available to it.

Any person violating any of the provisions of this article shall, upon conviction thereof, be guilty of a Class B misdemeanor as defined in Chapter 10 of the Code of the City of Peabody.