12-1755.Same; salvage,
sale; assessment and collection of costs; procedure.
(a) If the owner of any structure has failed to commence the repair or
removal of such structure within the time stated in the resolution or has
failed to diligently prosecute the same thereafter, the city may proceed to
raze and remove such structure, make the premises safe and secure, or let
the same to contract. The city shall keep an account of the cost of such
work and may sell the salvage from such structure and apply the proceeds or
any necessary portion thereof to pay the cost of removing such structure
and making the premises safe and secure. All moneys in excess of that
necessary to pay such costs and the cost of publications of notice and
any postage for mailing of notice, after the payment of all costs, shall be
paid
to the owner of the premises upon which the structure was located.
(b) The city shall give notice to the owner of such structure by
restricted mail of the total cost incurred by the city in removing such
structure and making the premises safe and secure and the cost of
providing notice. Such notice also shall
state that payment of such cost is due and payable within 30 days following
receipt of such notice. If the cost is not paid within the thirty-day
period and if there
is no salvageable material or if moneys received from the sale of salvage
or from the proceeds of any
insurance policy in which the city has created a lien pursuant to K.S.A.
40-3901 et seq., and amendments thereto, are
insufficient to pay the cost of such work, the
balance shall be collected in the manner provided by K.S.A.
12-1,115, and amendments thereto, 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 at the time of
certifying other city taxes, shall certify the unpaid portion of the
costs and the county clerk shall extend the same on the tax rolls of the
county against such lot or parcel of land. 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 any applicable
interest has been paid in full.
Whenever any structure is removed from any premises under the
provisions of this act, the city clerk shall certify to the county appraiser
that such structure, describing the same, has been removed.
(c) If there is no salvageable material, or if the moneys received from the
sale of salvage or from the proceeds of any insurance policy in
which the city has created a lien pursuant to K.S.A. 40-3901 et seq., and
amendments thereto, are insufficient to pay the costs of the work and the
cost of providing notice, such costs or
any portion thereof in excess of that received from the sale of salvage
or any insurance proceeds may
be financed, until the costs are paid, out of the general fund or by
the issuance of no-fund warrants. Whenever no-fund warrants are issued
under the authority of this act the governing body of such city shall make
a tax levy at the first tax levying period for the purpose of paying such
warrants and the interest thereon. All such tax levies shall be in addition
to all other levies authorized or limited by law and shall not be subject
to the aggregate tax levy prescribed in article 19 of chapter 79 of the
Kansas Statutes Annotated, and amendments thereto. Such warrants shall be
issued, registered, redeemed and bear interest in the manner and in the
form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall
not bear
the notation required by that section and may be issued without the
approval of the state court of tax appeals. All moneys
received from special assessments levied under the provisions of this section
or from an action under K.S.A. 12-1,115, and amendments thereto, when
and if paid, shall be placed in the general fund of the city.
History: L. 1961, ch. 74, § 6; L. 1968, ch. 185, §
2;
L. 1985, ch. 73, § 3;
L. 1986, ch. 74, § 3;
L. 2008, ch. 109, § 33; July 1.
12-1755.Same; salvage,
sale; assessment and collection of costs; procedure.
(a) If the owner of any structure has failed to commence the repair or
removal of such structure within the time stated in the resolution or has
failed to diligently prosecute the same thereafter, the city may proceed to
raze and remove such structure, make the premises safe and secure, or let
the same to contract. The city shall keep an account of the cost of such
work and may sell the salvage from such structure and apply the proceeds or
any necessary portion thereof to pay the cost of removing such structure
and making the premises safe and secure. All moneys in excess of that
necessary to pay such costs and the cost of publications of notice and
any postage for mailing of notice, after the payment of all costs, shall be
paid
to the owner of the premises upon which the structure was located.
(b) The city shall give notice to the owner of such structure by
restricted mail of the total cost incurred by the city in removing such
structure and making the premises safe and secure and the cost of
providing notice. Such notice also shall
state that payment of such cost is due and payable within 30 days following
receipt of such notice. If the cost is not paid within the thirty-day
period and if there
is no salvageable material or if moneys received from the sale of salvage
or from the proceeds of any
insurance policy in which the city has created a lien pursuant to K.S.A.
40-3901 et seq., and amendments thereto, are
insufficient to pay the cost of such work, the
balance shall be collected in the manner provided by K.S.A.
12-1,115, and amendments thereto, 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 at the time of
certifying other city taxes, shall certify the unpaid portion of the
costs and the county clerk shall extend the same on the tax rolls of the
county against such lot or parcel of land. 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 any applicable
interest has been paid in full.
Whenever any structure is removed from any premises under the
provisions of this act, the city clerk shall certify to the county appraiser
that such structure, describing the same, has been removed.
(c) If there is no salvageable material, or if the moneys received from the
sale of salvage or from the proceeds of any insurance policy in
which the city has created a lien pursuant to K.S.A. 40-3901 et seq., and
amendments thereto, are insufficient to pay the costs of the work and the
cost of providing notice, such costs or
any portion thereof in excess of that received from the sale of salvage
or any insurance proceeds may
be financed, until the costs are paid, out of the general fund or by
the issuance of no-fund warrants. Whenever no-fund warrants are issued
under the authority of this act the governing body of such city shall make
a tax levy at the first tax levying period for the purpose of paying such
warrants and the interest thereon. All such tax levies shall be in addition
to all other levies authorized or limited by law and shall not be subject
to the aggregate tax levy prescribed in article 19 of chapter 79 of the
Kansas Statutes Annotated, and amendments thereto. Such warrants shall be
issued, registered, redeemed and bear interest in the manner and in the
form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall
not bear
the notation required by that section and may be issued without the
approval of the state court of tax appeals. All moneys
received from special assessments levied under the provisions of this section
or from an action under K.S.A. 12-1,115, and amendments thereto, when
and if paid, shall be placed in the general fund of the city.
History: L. 1961, ch. 74, § 6; L. 1968, ch. 185, §
2;
L. 1985, ch. 73, § 3;
L. 1986, ch. 74, § 3;
L. 2008, ch. 109, § 33; July 1.
12-1755.Same; salvage,
sale; assessment and collection of costs; procedure.
(a) If the owner of any structure has failed to commence the repair or
removal of such structure within the time stated in the resolution or has
failed to diligently prosecute the same thereafter, the city may proceed to
raze and remove such structure, make the premises safe and secure, or let
the same to contract. The city shall keep an account of the cost of such
work and may sell the salvage from such structure and apply the proceeds or
any necessary portion thereof to pay the cost of removing such structure
and making the premises safe and secure. All moneys in excess of that
necessary to pay such costs and the cost of publications of notice and
any postage for mailing of notice, after the payment of all costs, shall be
paid
to the owner of the premises upon which the structure was located.
(b) The city shall give notice to the owner of such structure by
restricted mail of the total cost incurred by the city in removing such
structure and making the premises safe and secure and the cost of
providing notice. Such notice also shall
state that payment of such cost is due and payable within 30 days following
receipt of such notice. If the cost is not paid within the thirty-day
period and if there
is no salvageable material or if moneys received from the sale of salvage
or from the proceeds of any
insurance policy in which the city has created a lien pursuant to K.S.A.
40-3901 et seq., and amendments thereto, are
insufficient to pay the cost of such work, the
balance shall be collected in the manner provided by K.S.A.
12-1,115, and amendments thereto, 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 at the time of
certifying other city taxes, shall certify the unpaid portion of the
costs and the county clerk shall extend the same on the tax rolls of the
county against such lot or parcel of land. 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 any applicable
interest has been paid in full.
Whenever any structure is removed from any premises under the
provisions of this act, the city clerk shall certify to the county appraiser
that such structure, describing the same, has been removed.
(c) If there is no salvageable material, or if the moneys received from the
sale of salvage or from the proceeds of any insurance policy in
which the city has created a lien pursuant to K.S.A. 40-3901 et seq., and
amendments thereto, are insufficient to pay the costs of the work and the
cost of providing notice, such costs or
any portion thereof in excess of that received from the sale of salvage
or any insurance proceeds may
be financed, until the costs are paid, out of the general fund or by
the issuance of no-fund warrants. Whenever no-fund warrants are issued
under the authority of this act the governing body of such city shall make
a tax levy at the first tax levying period for the purpose of paying such
warrants and the interest thereon. All such tax levies shall be in addition
to all other levies authorized or limited by law and shall not be subject
to the aggregate tax levy prescribed in article 19 of chapter 79 of the
Kansas Statutes Annotated, and amendments thereto. Such warrants shall be
issued, registered, redeemed and bear interest in the manner and in the
form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall
not bear
the notation required by that section and may be issued without the
approval of the state court of tax appeals. All moneys
received from special assessments levied under the provisions of this section
or from an action under K.S.A. 12-1,115, and amendments thereto, when
and if paid, shall be placed in the general fund of the city.
History: L. 1961, ch. 74, § 6; L. 1968, ch. 185, §
2;
L. 1985, ch. 73, § 3;
L. 1986, ch. 74, § 3;
L. 2008, ch. 109, § 33; July 1.