§ 8-543. Notice of cost; assessment and collection.  


Latest version.
  • (a)

    If the unified government takes action to abate the violation, it shall provide a notice of cost to the property owner, representative or tenant. The notice of cost shall be personally served or delivered by regular mail, return receipt requested, to the address which is in violation or to the address listed with county for the purpose of paying taxes on the property. If the property is vacant or unoccupied, the notice of costs may also be posted on the property in a reasonable manner. The notice of cost shall state:

    (1)

    The common and/or legal description of the property;

    (2)

    The nature of the violation, including relevant ordinances;

    (3)

    The nature of the work performed to abate the violation;

    (4)

    The costs incurred for the abatement of the violations in either a lump sum or in itemized form;

    (5)

    That the notice is a demand for payment within 30 days from the date of the notice;

    (6)

    That failure to pay the entire amount within 30 days shall allow the unified government to file a tax lien against the property, to pursue litigation for the recovery of the costs, or both;

    (7)

    That such additional remedies to recover costs shall include additional amounts, including additional administrative costs, attorneys' fees, when applicable, and interest;

    (8)

    That payments shall be made by check or money order made payable to the unified government, with no post-dating of the check, and sent to the address stated within the notice with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as nonpayments.

    (b)

    If the payment of costs is not made within the 30-day period, the unified government may levy a special assessment for such cost against the lot or piece of land. The unified government clerk, at the time of certifying other unified government taxes to the county clerk, shall certify the aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground; such shall be collected by the county treasurer and paid to the unified government as other unified government taxes are collected and paid.

    (c)

    The unified government may collect the costs in the manner provided at K.S.A. 12-1115 by bringing an action in the appropriate court as a personal debt.

    (d)

    The unified government may pursue both assessment and collection at the same time until the full cost, including applicable interest, court costs, attorney's fees and administrative costs, has been paid in full.

(Code 1988, § 8-583; Ord. No. 65619, § 14, 4-19-1991; Ord. No. 65794, § 4, 4-1-1993)