§ 9.08.100. Failure of occupant or owner of premises to comply with notice to abate or remove.

(a)

If the occupant or owner of the private property fails or refuses to abate such nuisance within the time specified in the notice, it shall be the duty of the Director or other officer authorized to enforce this code, to cause such nuisance to be abated.

(b)

If the City takes action to abate the violation, it shall provide a Notice of Costs to the property owner, representative, or tenant. The Notice of Costs shall be delivered by certified mail, return receipt requested, at the last known mailing address; or if the property is vacant or unoccupied, the Notice of Costs shall also be posted on the property in a reasonable manner. The recipient shall have thirty (30) days from the date of the Notice to make full payment. The Notice of Cost shall state:

(1)

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

(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 thirty days from the date of notice;

(6)

That failure to pay the entire amount within thirty days shall allow the City to file a tax lien against the property or 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 payment shall be made by check or money order made payable to the City of Wichita, Kansas, with no post-dating of the check, and sent to the address as 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 non-payments.

(c)

If the payment of costs is not made within the thirty-day period, the City may levy a special assessment for such costs against the lot or piece of land. The City Clerk, at the time of certifying other City 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. The costs shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as amended, by bringing an action in the appropriate court as a personal debt. The City may pursue both assessment and collection at the same time until the full cost, including applicable interests, court costs, attorney's fees, and administrative costs have been paid in full.

(Ord. No. 48-824, § 15, 9-21-2010)