ORDINANCE NO. G-449
AN ORDINANCE RELATING TO INSPECTION OF BUILDING AND STRUCTURES, AND PREMISES; AMENDING SECTION 10-223 AND SECTION 22-53 OF THE CITY CODE OF THE CITY OF HARPER, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HARPER, KANSAS:
SECTION 1: Section 10-223 of the City Code of the City of Harper, Kansas shall be amended as follows:
10-223. – Inspection of buildings and structures, and premises.
a) For the purpose of determining compliance with the provisions of this housing code, the public officer or his authorized representative is hereby authorized to make inspections to determine the condition, use, and occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. This requirement is applicable to existing dwellings or buildings.
b) The public officer is not limited by the conditions in subsection (a) of this section where new construction or vacant premises are involved and may make such inspections at any appropriate time.
c) The owner, operator, and occupant of every dwelling, dwelling unit, and rooming unit shall give the public officer, or his authorized representative, during reasonable hours, free access to such dwelling, dwelling unit, and rooming unit, and its premises, for the purpose of such inspection, examination and survey after identification by proper credentials.
d) Every occupant of a dwelling shall give the owner thereof, or his authorized agent or employee, access to any part of such dwelling, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this housing code or with any rule or regulation adopted and promulgated, or any order issued pursuant to the provisions of this housing code.
e) If an inspection by the City’s building inspector is required to determine compliance with the City Code and the property is found to be in violation, the property owner shall be responsible for the cost of the inspection as determined by a schedule of fees maintained by the governing body and on file in the City Clerk’s office.
f) Any additional inspections required to verify correction of the violation shall also be the responsibility of the property owner.
g) The City Clerk shall provide notice to the property owner, by certified mail, of the cost of inspection and mailing. If the costs are not paid within 30-days of the date of receipt, the City Clerk shall cause any unpaid amount to be added to the property tax as a special assessment.
SECTION 2: Section 22-53 of the City Code of the City of Harper, Kansas shall be amended as follows:
22-53. – Enforcement standards.
No person shall be found in violation of this article unless the enforcing officer, after a reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood. Such evidence shall include conditions declared unlawful under section 22-82 but shall not include conditions which are not readily visible from any public place or from any surrounding property.
a) If an inspection by the City’s building inspector is required to determine compliance with the City Code and the property is found to be in violation, the property owner shall be responsible for the cost of the inspection as determined by a schedule of fees maintained by the governing body and on file in the City Clerk’s office.
b) Any additional inspections required to verify correction of the violation shall also be the responsibility of the property owner.
c) The City Clerk shall provide notice to the property owner, by certified mail, of the cost of inspection and mailing. If the costs are not paid within 30-days of the date of receipt, the City Clerk shall cause any unpaid amount to be added to the property tax as a special assessment.
SECTION 3: That Section 10-223 and Section 22-53 of the City Code of the City of Harper is hereby amended.
SECTION 4: This ordinance shall take effect and be in full force from and after its date of publication.
Passed by the City Council on this 9th day of March, 2026.
Approved by the Mayor on this 9th day of March, 2026.
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Eric Latta, Mayor
ATTEST
(SEAL)
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Tiffany M. Cooperrider, City Clerk
Approved as to form and legality:
/s/ Philip W. Unruh,
City Attorney
