CITY OF ATTICA, KANSAS
ORDINANCE: G-1295-26-01 / BUILDING UPKEEP
AN ORDINANCE RELATING TO VACANT, ABANDONED, AND DILAPIDATED BUILDINGS; ESTABLISHING REGISTRATION REQUIREMENTS, MINIMUM MAINTENANCE STANDARDS, NUISANCE ABATEMENT PROCEDURES, AND PENALTIES; AND PROVIDING FOR ENFORCEMENT WITHIN THE CITY OF ATTICA, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ATTICA, KANSAS: SECTION 1. PURPOSE AND INTENT
The Governing Body finds that vacant, abandoned, and dilapidated buildings:
• Pose risks to public health, safety, and welfare
• Attract vandalism, criminal activity, and fire hazards
• Cause decline in surrounding property values
• Create unsafe conditions for emergency responders and the public
This ordinance is adopted pursuant to K.S.A. 12-1750 through 12-1756 and other applicable Kansas statutes to:
1. Identify and regulate such properties
2. Require owners to maintain or repair structures
3. Provide for repair, closure, or demolition when necessary
SECTION 2. DEFINITIONS
For purposes of this ordinance:
A. “Vacant Building” – Any structure unoccupied for 30 consecutive days or more and not actively used for lawful purposes.
B. “Abandoned Building” – A structure that:
• Is vacant for 90 consecutive days, AND
• Shows neglect, disrepair, or lack of utilities, OR
• Has delinquent taxes for one year or more
C. “Dilapidated Building” -Any structure which:
• Is unsafe, structurally unsound, or unfit for human occupancy
• Lacks weather protection, sanitation, or utilities
Is in violation of City codes to a degree that it is a public nuisance
D. “Owner” -Any person, partnership, corporation, or legal entity holding legal or equitable title.
E. “Responsible Party” – Owner, agent, property manager, or any party responsible for maintenance.
SECTION 3. DECLARATION OF NUISANCE
Any vacant, abandoned, or dilapidated building meeting the conditions listed herein is declared to be a public nuisance and subject to abatement by the City.
SECTION 4. REGISTRATION OF VACANT PROPERTY
A. Registration Required
Any property meeting the definition of a vacant building must be registered with the City Clerk within 30 days of vacancy.
B. Registration Information
Owner shall provide:
• Legal owner name and contact information
• Local agent or responsible party within 50 miles of Attica
• Emergency contact phone number
• Plan for rehabilitation, sale, or demolition
C. Annual Renewal
Registration shall be renewed annually until the property is reoccupied or demolished.
D. Registration Fee
The Governing Body shall set a fee by resolution. Fees may escalate annually for continued vacancy.
SECTION 5. MINIMUM MAINTENANCE REQUIREMENTS
All vacant or abandoned structures shall:
1. Be secured from unauthorized entry (doors/windows boarded or locked)
2. Have intact roof and exterior walls
3. Be free from loose debris, garbage, or hazardous materials
4. Maintain grass/weeds below 12 inches
5. Not have broken windows or openings
6. Maintain structural integrity to prevent collapse
7. Not have standing water or vermin infestation Failure to meet these standards constitutes a violation.
SECTION 6. INSPECTION AUTHORITY
The City may inspect any structure upon:
• Complaint
• Routine survey
• Emergency conditions
The Code Enforcement Officer or designated official shall have authority to:
• Document violations
• Photograph conditions
• Issue compliance orders
SECTION 7. NOTICE OF VIOLATION
When a violation is found, the City shall issue written notice to the owner stating:
• Description of the property
• Specific violations
• Required corrective actions
• Deadline for compliance (not less than 30 days, unless emergency) Notice shall be sent by certified mail and posted on the property. SECTION 8. FAILURE TO COMPLY – HEARING
If the owner fails to comply:
1. The Governing Body shall set a public hearing
2. Owner shall receive at least 10 days’ notice
3. Owner may present evidence or plan of repair The Governing Body may then order:
• Repair within a specified timeframe
• Closure and securing of the building
• Demolition and removal
SECTION 9. EMERGENCY ACTION
If a structure poses an immediate danger to life or property, the City may:
• Secure the structure immediately
• Order emergency demolition
• Take action without prior hearing Costs shall be assessed to the property. SECTION 10. CITY ABATEMENT
If the owner fails to comply with an order:
The city may:
• Repair, secure, or demolish the structure
• Remove debris and hazardous materials
• Mow, clean, or maintain the lot
All costs, including administrative and legal costs, shall be:
• Assessed as a special tax against the property, OR
• Collected through civil action
SECTION 11. LIEN AND SPECIAL ASSESSMENT
Costs incurred by the City shall:
• Become a lien on the property
• Be certified to the County Clerk
• Be collected as property taxes pursuant to Kansas law
SECTION 12. PENALTIES
Any person violating this ordinance shall be guilty of a municipal offense and may be fined:
• Not less than $50 and not more than $500 per day of violation
• Each day constitutes a separate offense
SECTION 13. APPEALS
Any owner aggrieved by an order of the Governing Body may appeal to the District Court of Harper County, Kansas as provided by law.
SECTION 14. CONFLICT WITH EXISTING ORDINANCES
This ordinance shall be supplemental to existing nuisance, unsafe structure, and property maintenance ordinances. Where conflict exists, the more restrictive provision shall apply.
SECTION 15. SEVERABILITY
If any section of this ordinance is found invalid, the remainder shall remain in effect.
SECTION 16. EFFECTIVE DATE
This ordinance shall take effect after publication in the official city newspaper (“the Attica Independent”).
PASSED AND APPROVED by the Governing Body of the City of Attica, Kansas, this 18th day of February, 2026.
______________
Mike Loreg, Mayor
ATTEST:______________
Lori Ryan, City Clerk
SEAL:
