Terms Used In Kansas Statutes 12-1753

  • Abandoned property: means :

    (1) Any residential real estate for which taxes are delinquent for the preceding two years and which has been unoccupied continuously by persons legally in possession for the preceding 90 days; or

    (2) commercial real estate for which the taxes are delinquent for the preceding two years and which has a blighting influence on surrounding properties. See Kansas Statutes 12-1750

  • City: means any city in Kansas. See Kansas Statutes 12-1795
  • Enforcing officer: means the building inspector or other officer designated by ordinance and charged with the administration of the provisions of this act. See Kansas Statutes 12-1750
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Governing body: means the governing body of any municipality. See Kansas Statutes 12-17,115
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Rehabilitation: means the process of improving the property into compliance with applicable fire, housing and building codes. See Kansas Statutes 12-1750
  • Structure: means any building, wall or other structure. See Kansas Statutes 12-1750

On the date fixed for hearing or any adjournment thereof, the governing body shall hear all evidence submitted by the owner, the owner’s agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings by resolution. If the governing body of the city finds that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired or removed and the premises made safe and secure. If the governing body of the city finds that such structure is abandoned property, the governing body may authorize the rehabilitation of such property as provided by Kan. Stat. Ann. § 12-1756a. Such resolution shall be published once in the official city paper 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 repaired or razed and removed in the case of unsafe or dangerous structures or rehabilitated in the case of abandoned property.