ORDINANCE NO. 980930

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 that adopts state legislation regulating 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) A bill for 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 sent to the owner, with payment due in 60 days. The bill shall be a personal debt of the owner and the city may initiate actions to collect as such if payment in full is not received within 60 days.

(b) The director of neighborhood and community services shall certify the balance of bills unpaid after 60 days to the director of finance as a special assessment represented by a special tax bill against the real property affected, unless 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 mechanics 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. The tax bill from the date of its issuance shall be a lien on the property until paid. Exception: 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.

(c) The tax bill shall be payable within 60 days after the date of issuance without interest. The 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