Session of SENATE BILL No. 31. By Committee on Ethics, Elections and Local Government 1-17

Similar documents
Chapter 8 Buildings and Building Regulations Article VIII. Dilapidated Housing and Nuisance Abatement. Sec Nuisance abatement procedures.

CHAPTER 34 NUISANCES ARTICLE I. - IN GENERAL ARTICLE II. - GENERAL NUISANCE ABATEMENT PROCEDURE

TITLE. This article shall be known as the "Environmental Code." (Code 1997)

(4) Tense- Words of tense shall be construed to mean present or future, as may be applicable.

TITLE 13 PROPERTY MAINTENANCE REGULATIONS 1 CHAPTER 1 MISCELLANEOUS

Session of HOUSE BILL No By Committee on Judiciary 2-1

HOUSE AMENDED PRIOR PRINTER'S NOS. 1180, 1368, 1402, PRINTER'S NO THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL

NESCOPECK TOWNSHIP LUZERNE COUNTY, PENNSYLVANIA

BYLAW NO THE COUNCIL FOR THE CITY OF SWIFT CURRENT IN THE PROVINCE OF SASKATCHEWAN ENACTS AS FOLLOWS:

(4) The property has been determined to be a nuisance by the zoning officer in accordance with Section 5 of P.L.2003, c. 210 (N.J.S.A. 55:19-82).

Chapter 160A - Article 19

TITLE 13 PROPERTY MAINTENANCE REGULATIONS 1 CHAPTER 1 OVERGROWN AND DIRTY LOTS

TOWN OF PITTSFORD, NEW YORK Municipal Town Code. Chapter 66 Buildings and Property Maintenance (Adopted as Local Law #7 of 2014 on July 15, 2014

Session of SENATE BILL No By Committee on Ways and Means 3-20

PORTIONS OF ILLINOIS FORCIBLE ENTRY AND DETAINER ACT 735 ILCS 5/9-101 et. seq.

Nuisance Abatement Bylaw

146. AN ORDINANCE CONCERNING BLIGHT AND PUBLIC NUISANCE (INITIALLY APPROVED OCTOBER 8, 2003 AND FINALLY APPROVED NOVEMBER 3, 2003)

ORDINANCE #1324 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF NEW CARLISLE THAT:

REGISTRATION / RENEWAL FORM FOR VACANT AND ABANDONED PROPERTIES NEW UPDATE RENEWAL

As Amended by Senate Committee SENATE BILL No. 46

(Reprinted with amendments adopted on May 17, 2017) SECOND REPRINT S.B. 33. Referred to Committee on Judiciary

City of Saint Louis ARTICLE V. DANGEROUS BUILDINGS* Sec Dangerous building defined.

Special Session of SENATE BILL No. 1. By Committee on Ways and Means 6-23

CHAPTER 158: VACANT BUILDINGS

DANGEROUS BUILDINGS ORDINANCE

TITLE 13 PROPERTY MAINTENANCE REGULATIONS 1 CHAPTER 1 MISCELLANEOUS

Nuisance Abatement Bylaw

SENATE BILL No service, wireless telecommunications service, VoIP

PORTER TOWNSHIP CASS COUNTY, MICHIGAN PART 46 ORDINANCE 4-10

Chapter 18 HEALTH AND SANITATION* Premises kept free from discarded appliances, vegetation, etc.

(Use this form to file a local law with the Secretary of State.)

A. Declaration Of Policy: The purpose of this section is to protect the public health, safety, and welfare by enactment of this section which:

Tenn. Code Ann TENNESSEE CODE ANNOTATED 2011 by The State of Tennessee All rights reserved *** CURRENT THROUGH THE 2011 REGULAR SESSION ***

MINIMUM STANDARD FOR HOUSING AND PREMISES CODE ADOPTED BY COFFEYVILLE BOARD OF COMMISSIONERS OCTOBER 24, 2006 EFFECTIVE OCTOBER 27, 2006

Administrative Procedures

ABANDONED RESIDENTIAL BUILDING:

THE TOWN OF DEERPARK, ORANGE COUNTY, NEW YORK LOCAL LAW NO. 2 OF 2011

STATE OF MICHIGAN COUNTY OF HURON VILLAGE OF PORT AUSTIN ORDINANCE NO. 82 DANGEROUS BUILDINGS.

ORDINANCE NO. Township detailing property An ordinance. ordains : The Monroe Township Board of Supervisors hereby

ORDINANCE Borough of Metuchen County of Middlesex State of New Jersey

CHARTER TOWNSHIP OF RUTLAND BARRY COUNTY, MICHIGAN ORDINANCE NO RUTLAND CHARTER TOWNSHIP DANGEROUS BUILDINGS ORDINANCE

ORDINANCE NO. 918 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CHETOPA:

THE BOARD OF SUPERVISORS OF DOUGLAS COUNTY DOES ORDAIN AS FOLLOWS:

CHAPTER 4 BUILDINGS PART 1 DANGEROUS STRUCTURES PART 2 NUMBERING OF BUILDINGS PART 3 OCCUPANCY OF BUILDINGS

JOHNSON COUNTY CODE OF REGULATIONS FOR PRIVATE INFILTRATION AND INFLOW 2010 EDITION

[First Reprint] ASSEMBLY, No STATE OF NEW JERSEY. 217th LEGISLATURE INTRODUCED MAY 26, 2016

Substitute for SENATE BILL No. 323

I. Mortgaging of Trust or Restricted Land

Session of SENATE BILL No By Committee on Financial Institutions and Insurance 1-10

Town of Newton Code Enforcement Nanette Crift Code Enforcement Director

Office of the Chicago City Clerk

BE IT ORDAINED by the Township Committee of the Township of. Princeton, County of Mercer, and State of New Jersey, as follows:

Session of SENATE BILL No. 4. By Senator Hensley 12-19

Session of HOUSE BILL No By Committee on Federal and State Affairs 1-18

COMMONWEALTH OF KENTUCKY MASON FISCAL COURT ORDINANCE NO. 17- and KRS to enact ordinances to cause the abatement of nuisances; and,

Vacant Building Registration

WHEREAS, Within the Town of Beacon Falls there exist real properties containing vacant and blighted properties; and

Procedure for unsafe structures and equipment.

Chapter 10 BUILDINGS AND BUILDING REGULATIONS*

CHAPTER DANGEROUS BUILDINGS

HOLDING TANK ORDINANCE FOR THE TOWN OF HUDSON, MAINE

CHAPTER 3C UNSAFE BUILDINGS - PUBLIC NUISANCE

HOUSE BILL No page 2

CITY OF EAST LANSING ORDINANCE NO. 1360

STATE OF KANSAS SENATE CHAMBER. I move to amend SB 104, as amended by Senate Committee, on page 1, in line 8, before "Section"

Session of SENATE BILL No By Committee on Agriculture and Natural Resources 1-16

IN THE EIGHTEENTH JUDICIAL DISTRICT MUNICIPAL COURT OF DERBY, KANSAS

REPORT TO LAW & LEGISLATION COMMITTEE City of Sacramento

ORDINANCE N REGULATIONS ADDING ARTICLE XV VACANT PROPERTIES OF THE MUNICIPAL CODE OF THE VILLAGE OF GLENVIEW

{As Amended by House Committee of the Whole} As Amended by House Committee. As Amended by Senate Committee. SENATE BILL No. 50

Session of SENATE BILL No By Senator Holland 2-6

Senate Bill No. 72 Senators Care and Amodei

Session of SENATE BILL No. 49. By Senator Faust-Goudeau 1-20

Article 2: Administration and Enforcement

DRAFT ORDINANCE NO. XX-2013

CHAPTER 19 FAIR HOUSING

ORDINANCE NO

Referred to Committee on Transportation. SUMMARY Enacts provisions governing the seizure and storage of unmanned aerial vehicles.

Senate Bill No. 306 Senators Ford and Hammond

Embassy Park Architectural Control Committee, ACC. Memo on fencing procedures and requirements

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

ORDINANCE NUMBER 2382

ORDINANCE NO Adopted by the Sacramento City Council. February 9, 2010

ORDINANCE NO 100 CITY OF PATTISON, TEXAS SUBSTANDARD BUILDING ORDINANCE

UNSAFE STRUCTURES AND PROPERTIES ORDINANCE OF THE VILLAGE OF FLAT ROCK, NORTH CAROLINA

Nuisance Abatement Bylaw

Act upon building, construction and use applications which are under the jurisdiction of the Code Enforcement Officer.

ORDINANCE NO R

Referred to Committee on Judiciary. SUMMARY Revises provisions relating to the Foreclosure Mediation Program. (BDR 9-488)

CHAPTER ADMINISTRATION 1

As Introduced. 132nd General Assembly Regular Session H. B. No

Chapter 10. Health and Safety

[First Reprint] SENATE, No STATE OF NEW JERSEY. 215th LEGISLATURE INTRODUCED JULY 30, 2012

LIENS (770 ILCS 60/) Mechanics Lien Act.

STARK COUNTY PRIVATE SEWAGE DISPOSAL ORDINANCE

TOWNSHIP OF WEST EARL. Lancaster County, Pennsylvania ORDINANCE NO.

WHEREAS, Article II of Chapter 38 of the Code of Ordinances of the City of Hill Country Village has provisions in regard to nuisances; and

Ordinance # SECTION 1: General Provisions. A. Administration

RESOLUTION Nuisance and Dangerous Building Abatement Regulation of Linn County, Kansas

LUZERNE COUNTY COUNCIL PUBLIC HEARING May 10, 2016 Council Meeting Room Luzerne County Court House 200 North River Street Wilkes-Barre, Pa.

Transcription:

Session of 0 SENATE BILL No. By Committee on Ethics, Elections and Local Government - 0 0 0 AN ACT concerning cities; relating to the rehabilitation of abandoned property; amending K.S.A. 0 Supp. -0 and -a and repealing the existing sections; also repealing K.S.A. 0 Supp. - e. Be it enacted by the Legislature of the State of Kansas: Section. K.S.A. 0 Supp. -0 is hereby amended to read as follows: -0. As used in this act: (a) "Structure" means any building, wall or other structure. (b) "Enforcing officer" means the building inspector or other officer designated by ordinance and charged with the administration of the provisions of this act. (c) "Abandoned property" means: () 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 0 days; or () any residential real estate which has been unoccupied continuously by persons legally in possession for the preceding months and which has a blighting influence on surrounding properties, unless the exterior of the property is being maintained and the property is either the subject of a probate action, action to quiet title or other ownership dispute, or the property is subject to a mortgage; or () commercial real estate for which the taxes are delinquent for the preceding two years and which has a blighting influence on surrounding properties. "Commercial real estate" means any real estate for which the present approved use is other than one to four residential units or for agricultural purposes. (d) "Blighting influence" means conditions in such structure which are dangerous or injurious to the health, safety or morals welfare of the occupants of such buildings or other residents of the municipality or which have an adverse impact on properties in the area. Such conditions may include, but are not limited to, the following: Defects increasing the hazards of fire, accident, or other calamities; air pollution; light or lack of sanitary facilities; dilapidation; disrepair; structural defects; uncleanliness; dead and dying trees, limbs or other unsightly natural growth or unsightly appearances that constitute a blight to adjoining property, the

SB 0 0 0 0 neighborhood or the city; walls, sidings or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles or parts thereof; vermin infestation; inadequate drainage; or any violation of health, fire, building or property maintenance codes or zoning regulations which constitute a health or safety threat. (e) "Organization" means any nonprofit corporation organized under the laws of this state and which has among its purposes the improvement of housing and has been in existence for a period of three years or more. (f) "Rehabilitation" means the process of improving the property into compliance with applicable fire, housing and building codes. (g) "Parties in interest" means any owner or owners of record, judgment creditor, tax purchaser or other party having any legal or equitable title or interest in the property. (h) "Last known address" includes the address where the property is located, or the address as listed in the tax records. The provisions of subsection (c)() shall expire on July, 0. Sec.. K.S.A. 0 Supp. -a is hereby amended to read as follows: -a. (a) () An organization may file a petition with the district court for an order for temporary possession of property if: () (A) The property meets the definition of abandoned as set forth in K.S.A. -0, and amendments thereto; () (B) the organization intends to rehabilitate the property and use the property as housing or if the petition is filed prior to July, 0, for ancillary facilities relating to housing, including infrastructure, parks and parking facilities; and () (C) the organization has sent notice to the enforcing officer and the parties in interest of the property, by certified or registered mail, mailed to their last known address and posted on the property at least 0 days but not more than 0 days before the date the petition is filed, of the organization's intent to file a petition for possession under K.S.A. -0 through -e -d, and amendments thereto. () Prior to July, 0, the governing body of any city may file a petition with the district court for an order for temporary possession of property if: (A) The property meets the definition of abandoned in K.S.A. - 0, and amendments thereto; (B) the governing body of the city filing a petition under this section has designated an organization to rehabilitate the property; (C) such designated organization intends to rehabilitate the property and use the property as housing or for ancillary facilities related to housing, including, but not limited to, infrastructure, open space, parks or

SB 0 0 0 0 parking facilities; (D) the governing body of the city filing the petition under this section has sent notice to the enforcing officer and the parties in interest of the property, owners of property located within 00 feet of the property that is subject to the petition and any neighborhood improvement association or associations in which the property is located, by certified or registered mail, mailed to their last known address and posted on their property at least 0 days but not more than 0 days before the date the petition is filed, of the governing body's intent to file a petition for temporary possession under K.S.A. -0 through -d, and amendments thereto; and (E) the governing body of the city filing the petition under this section has formally approved the filing of the petition. (b) () The proceeding shall be commenced by filing a verified petition in the district court in the county in which the property is located. The petition shall state that the conditions specified in subsection (a) exist. All parties in interest of the property shall be named as defendants in the petition. () The petition shall include the following information: (A) The history of municipal utility service for the property for the preceding days or longer; (B) the history of property tax payments for the preceding three years or longer; (C) the history of code violations for the preceding two years or longer and efforts by the city to remedy the code violations; (D) the history of attempts to notify the last known owner or owners of any enforcement action or actions; and (E) the history of actions taken by other governmental entities regarding the property, including, but not limited to, tax liens or bankruptcy proceedings. () Summons shall be issued and service shall be made pursuant to K.S.A. 0-0, and amendments thereto. Service may be made by publication if the organization or the governing body of a city with due diligence is unable to make service of summons upon a defendant pursuant to subsection (a)() of K.S.A. 0-0(a)(), and amendments thereto. (c) Any defendant may file as part of such defendant's answer, as an affirmative defense, a plan for the rehabilitation of the property and evidence of capacity and resources necessary to complete rehabilitation of the property. The court shall grant the defendant 0 days to bring the property into compliance with applicable fire, housing and building codes and to pay all delinquent ad valorem property tax. For good cause shown, the court may extend the ninety-day compliance period for an additional 0 days. If the property is brought into such compliance within the ninety-

SB 0 0 0 0 day period or extension of time thereof, the petition shall be dismissed. If the defendant fails to bring the property into such compliance within the ninety-day period or extension of time thereof, or if the defendant's plan is otherwise insufficient, the defendant's affirmative defense shall be stricken. In no case shall the defendant's affirmative defense be stricken solely on the basis of delinquent property taxes. (d) At the hearing on the organization's a petition filed in accordance with, and as permitted by, subsection (a), the petitioning organization or governing body of a city shall submit to the court a plan for the rehabilitation of the property and present evidence that the organization has adequate resources to rehabilitate and thereafter manage the property. For the purpose of developing such a plan, representatives of the organization or the governing body of a city may be permitted entry onto the property by the court at such times and on such terms as the court may deem appropriate. (e) The court shall make its own determination as to whether the property is in fact abandoned consistent with the terms of K.S.A. -0 through -e -d, and amendments thereto. (f) If the court approves the petition, the court shall may enter an order approving the rehabilitation plan and granting temporary possession of the property to the petitioning organization or governing body of a city. The organization, subject to court approval, may enter into leases or other agreements in relation to the property. Whether the court approves or denies the petition, the organization shall provide the governing body of a city a copy of the order within 0 days of the organization's receipt or knowledge of such order. (g) () Not less than days nor more than 0 days after receiving temporary possession of property by an order of the court upon a petition for temporary possession, an organization shall seek quiet title to such property by petition to the court. The petitioner for quiet title shall send notice of intent to file the petition to the parties of interest of the property, by certified or registered mail, mailed to their last known address at least 0 days but not more than 0 days before the date the petition is filed. () Upon a finding by the court that the property has been rehabilitated in accordance with the approved rehabilitation plan, the court shall grant the petition for quiet title. If no petition for quiet title is filed as permitted by this subsection or a petition for quiet title is filed as permitted by this subsection but the court finds that the organization that filed the petition has not rehabilitated the property in accordance with the rehabilitation plan approved by the court, the property shall immediately be sold by either the board of county commissioners or the governing body of a city in the manner prescribed for sale of property at a judicial tax foreclosure sale pursuant to K.S.A. -0 et seq., and amendments

SB thereto. Sec.. K.S.A. 0 Supp. -0, -a and -e are hereby repealed. Sec.. This act shall take effect and be in force from and after its publication in the statute book.