ORDINANCE NO.   8074

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS GRANTING THE FIRE CHIEF OR HIS OR HER DESIGNEE CERTAIN AUTHORITY REGARDING THE DEMOLITION OF UNSAFE STRUCTURES THAT POSE AN IMMEDIATE HAZARD.

NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1.  Section 5-301 of the Code of the City of Lawrence, Kansas, 2006 Edition, and amendments thereto, is hereby amended to read as follows:

5-301 DESIGNATION OF ENFORCING OFFICER. 

The Codes Enforcement Manager is hereby designated as the primary enforcing officer for the purpose of administering K.S.A. 12-1750 through K.S.A. 12-1756, inclusive, and amendments thereto.  As such enforcing officer, he or she is further directed to consult with the Chief of the Fire Department and the Health Officer of the City, and file all reports of the officers in his or her office prior to removal of any structure located within the City.  If a structure is damaged by the means of fire or explosion the Fire Chief or his or her designee shall also be an enforcing officer for the purpose of ordering any action pursuant to K.S.A. 12-1756.

Section 2.  Section 8-305 of the Code of the City of Lawrence, Kansas, 2006 Edition, and amendments thereto, is hereby amended to read as follows:

8-305 REMOVAL OF STRUCTURE; EXCESS MONEYS. 

If the Codes Enforcement Manager enforcing officer, as defined in Section 5-301 of this Code, and amendments thereto, has proceeded under the provisions of K.S.A. 12-1750 et seq., as amended, all moneys in excess of that which is ultimately necessary to comply with the provisions for the removal of the building or structure, less salvage value, if any, shall be paid to the insured.

Section 3.  Section 8-306 of the Code of the City of Lawrence, Kansas, 2006 Edition, and amendments thereto, is hereby amended to read as follows:

8-306 SAME; DISPOSITION OF FUNDS.

If the Codes Enforcement Manager enforcing officer, as defined in Section 5-301 of this Code, and amendments thereto, with regard to a building or other structure damaged by fire, explosion, or windstorm determines that it is necessary to act under K.S.A. 12-1756, any proceeds received by the City Treasurer under the authority of Section 8-302(A) relating to that building or other structure shall be used to reimburse the City for any expenses incurred by the City in proceeding under K.S.A. 12-1756.  Upon reimbursement from the insurance proceeds, the Codes Enforcement Manager shall immediately effect the release of the lien resulting therefrom.  Should the expenses incurred by the City exceed the insurance proceeds paid over to the City Treasurer under Section 8-302(A), the Codes Enforcement Manager shall publish a new lien as authorized by K.S.A. 12-1756, in an amount equal to such excess expenses incurred.

Section 4.   Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 5.   Repeal of Prior Law.  All previous versions of the sections of the Code of the City of Lawrence, Kansas amended in this ordinance are hereby repealed.

Section 6.  Effective Date.  This ordinance shall take effect and be in full force and effect following its adoption and publication as provided by law.

Adopted this ________________ day of ________________, 2007.

PASSED:

Mike Amyx, Mayor

ATTEST:

Frank S. Reeb, City Clerk

APPROVED AS TO FORM AND LEGALITY:

Toni Wheeler, Interim Director of Legal Services