§ 30.01.060. Definitions.

(1)

'Boarded' means that some or all of the building's doors or windows have been covered with plywood, wood or metal sheeting, paneling or other similar materials, for the purpose of preventing entry into the building by persons, animals or the elements of weather.

(2)

'Building' means a building, accessory structure or other structure adapted to permanent or continuous occupancy or use for residential, public, institutional, business, industrial or storage purposes.

(3)

'City' means the City of Wichita, Kansas.

(4)

'Deterioration' means the condition or appearance of a building characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, excessive use or lack of maintenance.

(5)

'Dwelling' means any building, apartment building, mobile home or manufactured home which is wholly or partly used or intended to be used for living or sleeping by human occupants.

(6)

'Dwelling unit' means any room or group of rooms located within a building and forming a single habitable unit with facilities that are used or intended to be used for living, sleeping, cooking, and eating.

(7)

'Good state of repair' means sound, stable, free of deterioration, and performing the function for which intended.

(8)

'Good working condition' means the item is fully operable for the use for which it was intended.

(9)

'Neglected building' means a 'Neglected occupied building' and a 'Neglected unoccupied building'.

(10)

'Neglected occupied building' means an occupied building in which one or more of the following events have occurred within the preceding eighteen months:

a.

The building is the subject of two or more notices of violation of the provisions of Chapter 18, Chapter 20 or the provisions of this chapter of the Code of the City of Wichita and the owner has failed to demonstrate that due diligence is being exercised in abating the violation;

b.

The building has been declared to be a criminal nuisance pursuant to K.S.A. 22-3901, et seq;

c.

The owner has failed to appear and a warrant has been issued in municipal court for a violation of Chapter 18, Chapter 20, or the provisions of this chapter of the Code of the City of Wichita; or

d.

The owner has refused to accept service of notices of violations of Chapter 18, Chapter 20, or the provisions of this chapter of the Code of the City of Wichita.

e.

The building has sustained substantial deterioration due to lack of maintenance.

(11)

'Neglected unoccupied building' means an unoccupied building (whether or not boarded) in which one or more of the following events have occurred:

a.

Within the last eighteen months, the property is the subject of two or more notices of violation of the provisions of Chapters 18, Chapter 20 or the provision of this chapter of the Code of the City of Wichita and the owner has failed to demonstrate that due diligence is being exercised in abating the violation;

b.

The building is unsecured;

c.

The building has sustained significant fire, wind or water damage and is uninhabitable.

d.

The building has been declared a criminal nuisance pursuant to K.S.A. 22-3901, et. seq.

e.

The building has been boarded for a period of more than ninety days.

f.

The building has sustained substantial deterioration due to lack of maintenance.

g.

The owner has failed to appear and a warrant has been issued in municipal court for a violation of Chapter 18, or Chapter 20, of the Code of the City of Wichita; or

h.

The owner has refused to accept service of notices of violations of Chapter 18, or Chapter 20, of the Code of the City of Wichita.

(12)

'Occupancy' the purpose for which a building or portion thereof is utilized or occupied.

(13)

'Operator' means any person who has charge, care or control of a building, or part thereof, in which dwelling units or rooming units are let.

(14)

'Owner' means any person who is a holder of any legal or equitable interest in the premises, and alone or jointly or severally with others,

a.

Has record legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; or

b.

Has charge, care or control of any dwelling or dwelling unit which may include all persons who have an interest in a structure and any who are in possession or control thereof as owner or agent of the owner, contract purchaser, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.

In the absence of substantial evidence to the contrary, records of the Sedgwick County Clerk's Office, Registrar of Deeds, certified copies of court records or judgments of any court, copies of lease agreements, contracts for deed, mortgages, tax records, rental agreements and other financial documents related to the property shall be conclusive evidence of the ownership of the property.

(15)

'Person,' as used in this chapter, means any individual, firm, association, company, syndicate, partnership, or other legal entity, or a natural person for the purposes of the occupancy standards hereof.

(16)

'Premises' shall mean a lot, plot or parcel of land including the buildings and structures located thereon.

(17)

'Resident Agent' means a natural person residing within Sedgwick County, Kansas, or a company or agency with a manager or agent who resides in Sedgwick County, Kansas, who is authorized to make or order repairs, to order or oversee service to dwellings and dwelling units, and to receive notices on behalf of the owner.

(18)

'Safe and Sanitary' for purposes of this chapter shall mean free from conditions that are dangerous or could cause injury and free from elements such as filth or bacteria that endanger health.

(19)

'Structurally Sound' means free of imperfections and/or deterioration that affect the intended use of a structure or the integrity of the footing, foundation, wall, roof, chimney, arch, window, door or porch/deck support systems.

(20)

'Superintendent of Central Inspection' means the superintendent or person in charge of the Office of Central Inspection of the City or his/her authorized representative.

(21)

'Supplied' means paid for, furnished or provided by or under the control of the owner or operator.

(22)

'Unoccupied building' means a building that is unattended and is not actively used as a place of residence or business, or is frequently open or unsecured so that unauthorized admittance may be gained without damaging any portion of the property.

(23)

'Unsecured' means that access to the building may be obtained through open, unlocked, broken or missing doors or windows of such building.

(24)

'Workmanlike manner' means installation or repair which meets the minimum recommended installation and maintenance requirements of the product manufacturer and meets all applicable code requirements.

(Ord. No. 47-301, § 6, 11-21-06)