8.75.040 Hearing.
(a) The Administrative Hearing Officer may administer oaths and affirmations, examine witnesses and receive evidence. The Hearing Officer may grant continuances where the officer finds that there is practical difficulty or undue hardship and that such extension is consonant with the general purpose to secure compliance with this chapter.
(b) If the Hearing Officer determines that: (1) the complaint was served in accordance with TMC 8.75.030; (2) the structure is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation or occupancy, such that it is unreasonable to repair the structure, the officer will provide findings to that effect, in writing, and shall issue an order which requires the owner to:
(1) Demolish and remove the structure within a prescribed period of time;
(2) Repair and/or make safe and sanitary the structure within a prescribed period of time if the structure is capable of being made safe by repairs;
(3) Board up the structure for future repair, subject to conditions; or
(4) Demolish or board up for future repair a structure under construction where construction has ceased for more than two years. Boarding the structure for future repair shall not extend beyond one year, unless approved by the Hearing Officer.
(c) Any order shall be served on the property owner pursuant to TMC 8.75.030 and a copy served personally or by first class mail to the other persons identified in TMC 8.75.030. Additionally, except for continuances, the order shall be posted in a conspicuous place on the premises and filed with the Register of Deeds and the clerk of the district court in which the property is located.
(d) Pursuant to K.S.A. 60-2101 and amendments thereto, any of the parties identified in TMC 8.75.030 may appeal to the Shawnee County District Court by doing all of the following:
(1) Submit a written notice of appeal to the City Clerk within 30 days of the determination. The notice shall include: (i) the person’s name, mailing address, email address and telephone number; (ii) the date of the order; and (iii) case number. The City Clerk shall memorialize the date of receipt of the notice by file-stamp or another method and return a copy to the person.
(2) Submit a written request to the City Clerk for one copy of all pertinent records relative to the proceeding including but not limited to any recording or transcript of the proceedings. The request shall be submitted to the City Clerk within 10 days of the date of receipt of the notice of appeal. Prepayment of all copying and other fees set forth in TMC 2.10.120 shall be required prior to production of the records.
(3) File with the Clerk of the Shawnee County District Court the pertinent records prepared by the City Clerk within 60 days from the date of receipt of the notice of appeal.
(4) Failure to file the records with the Clerk of the Shawnee County District Court within the 60-day period may result in the appeal being dismissed by the district court.
(5) Unless the person requests from the district court a stay of the hearing officer’s order within 70 days from the date of receipt of the notice of appeal, the City may proceed with demolition. (Ord. 20383 § 9, 11-1-22.)