§ 8.01.060. Notice to abate.

(a)

Whenever an officer, authorized to enforce violations of the provisions of this Code, determines that there has been a violation of any provisions of this Code, unless other notice requirements are set forth by the Code of the City of Wichita, he/she shall give notice to abate such violation to the person or persons responsible therefor, as herein provided.

(b)

The notice of abatement shall state:

(1)

A common or legal description of the property, or both;

(2)

The nature of the violation, including relevant ordinances, with sufficient information that would reasonably allow the recipient to determine the nature of the violation to allow for self-abatement;

(3)

That the condition creating the violation shall be abated within a designated time period, not exceeding 30 days from the date of the notice, provided that an extension of one 10-day time period shall be granted if the owner or agent of the owner of the property demonstrates that due diligence is being exercised in abating the nuisance;

(4)

That the recipient, upon written request, may obtain a hearing before a designated hearing officer, provided such request is received by the Superintendent of Central Inspection prior to the expiration of the designated waiting period.

(5)

That failure to comply with the notice of abatement shall result in the City abating the violation with the assessment of costs made against the property or by filing for judgment against the recipient;

(6)

That failure to pay such assessments within 30 days of the notice of costs shall result in the filing of a tax lien against the property; or the filing for judgment against the recipient, or both;

(7)

That such violations are subject to criminal prosecution.

(c)

Except as provided by subsection (d), the notice of abatement shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service, or if the same is unoccupied and the owner is a nonresident, then by mailing a notice of certified mail, return receipt requested, to the last known address of the owner.

(d)

If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of an order sent pursuant to this Section during the preceding 24-month period, the City may provide notice of the issuance of any further orders to abate or remove a nuisance from such property in the manner provided by subsection (c) or as provided in this subsection. The City may provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(e)

If the notice cannot be conveniently served as set forth in Subsections (b), (c) and (d) of this section, service of the notice is to be made upon such person or persons by at least one publication in the official newspaper of the City of Wichita, such publication to contain the conditions and reasons of the notice;

(f)

If the recipient of the notice of abatement makes a written request for hearing within the waiting period, then the City shall schedule a hearing within ten business days before the Superintendent of Central Inspection or a designated hearing officer. The hearing officer shall receive evidence, review the investigation, and prepare a written order. The order shall be sent by certified mail to all relevant parties within 10 days of the hearing, unless otherwise stated at the hearing, and prior to the City taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific Code provisions being relied upon should a violation be found, and state any such other stipulations, methods of abatement, or orders as deemed necessary by the hearing officer.

(g)

Any motor vehicle removed and abated from private property pursuant to this chapter shall be disposed of as provided by K.S.A. 8-1002, et seq., as amended.

(h)

Owners or persons entitled to the lawful custody of impounded or abandoned motor vehicles who wish to contest the validity of the motor vehicle tow may request a hearing for such purposes, pursuant to Section 11.97.040 of the Code of the City of Wichita.

(i)

If an officer authorized to enforce violations of this Code, determines that a violation of this Act exists, he or she may issue a Notice to Appear in Municipal Court for such violation. No other procedures or notice are required as a prerequisite to the issuance of a Notice to Appear.

(Ord. No. 45-319 § 6; Ord. No. 47-894, § 6, 5-20-08)