COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 991155

Amending Chapter 56, Code of Ordinances of the City of Kansas City, Missouri, by repealing Section 56-541, Recovery of costs, and enacting in lieu thereof one new section of like number and subject matter modifying procedures for the recovery of costs of demolition of dangerous buildings.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 56, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Section 56-541, Recovery of costs, and enacting one new section, to read as follows:

Sec. 56-541. Recovery of costs.

(a) The costs incurred by the city in vacating, closing and securing, repairing or demolishing a dangerous building, including the cost of administering the provisions of this article, shall be certified by the director of neighborhood and community services to the director of finance as a special assessment represented by a special tax bill against the real property affected.

(b) No special tax bill shall be issued if the building or structure is demolished, secured or repaired by a contractor pursuant to an order issued by the city and such contractor files a mechanic's lien against the property where the dangerous building is located. The contractor may enforce this lien as provided in RSMo 429.010 to 429.360.

(c) No special tax bill shall be issued when federal funds are being used which are subject to a prohibition of recovery by a special assessment process. The proof of such exception shall be the burden of any person asserting it.

(d) The special tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid. The tax bill shall be payable within 60 days after the date of issuance without interest, and thereafter with interest from the date of its issue until paid at either the minimum rate of nine percent per annum or the rate payable on ten-year United States treasury notes as established at the last auction before the particular assessment is certified to the director of finance plus two percent, whichever is greater. The city may initiate actions to collect against the owner if payment in full is not received within 60 days. The lien may be enforced by any method appropriate for the enforcement of special assessments generally.

(e) The special tax bill may be paid in installments over a period of not more than ten years. When payments are current, the interest rate for installments on tax bills shall be equal to the rate on ten-year United States treasury notes as established at the last auction before the particular assessment is certified to the director of finance. When payments are not current, the interest rate

shall be two percent higher. Should any such installment become delinquent, the whole unpaid amount shall become due.

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Approved as to form and legality:

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Assistant City Attorney