K.S.A. » Chapter 12
Kansas Statutes Annotated

K.S.A. § 12-1753 (2026)

Same; findings; resolution; contents; notice

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12-1753. Same; findings; resolution; contents; notice. On the date fixed for hearing or any adjournment thereof, the governing body shall hear all evidence submitted by the owner, the owner's agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the enforcing officer filing the statement and shall make findings by resolution. If the governing body of the city finds that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired or removed and the premises made safe and secure. If the governing body of the city finds that such structure is abandoned property, the governing body may authorize the rehabilitation of such property as provided by K.S.A. 12-1756a. Such resolution shall be published once in the official city paper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be repaired or razed and removed in the case of unsafe or dangerous structures or rehabilitated in the case of abandoned property.

History: L. 1961, ch. 74, § 4; L. 1994, ch. 242, § 4; July 1.

CASE ANNOTATIONS

1. Applied; failure to repair property after notice; city authorized to proceed with razing. Tingle v. City of Wichita, 211 Kan. 119, 120, 123, 505 P.2d 717.

2. City's failure to consider all relevant factors renders city's action arbitrary and capricious. Hickman Trust v. City of Clay Center, 266 Kan. 1022, 1041, 1043, 974 P.2d 584 (1999).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1999–2022 · leading case: Hickman Trust v. City of Clay Ctr., 974 P.2d 584 (Kan. 1999).
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Hickman Trust v. City of Clay Ctr., 974 P.2d 584 (Kan. 1999). · cites it 4× “” The procedural framework continues in K.S.A. 1998 Supp. 12-1753: “On the date fixed for hearing .”
Sadeghian v. City of Norton, 515 P.3d 296 (Kan. Ct. App. 2022). · cites it 4× “The heart of the statute provides directions for a city dealing with dangerous structures: "Such resolution shall be published once in the official city paper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.