It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows
(a) filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;
(b) All dead animals not removed within 24 hours after death;
(c) Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;
(d) All stagnant ponds or pools of water or objects that tends to hold stagnant water.
(e) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes, or that obscures debris or locations of filth.
(f) Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill, or any icebox or refrigerator not in actual use unless the door, opening or lid thereof is unhinged, or unfastened and removed therefrom;
(g) All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood;
(h) Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so to obstruct the same, except as permitted by the laws of the city.
(i) Storing outside or in any structure having only a roof any material, article or things whatsoever normally deteriorated by exposure to the outside elements.
(j) Storing of leaving outside or in any structure having other than a covered porch furniture not constructed for outdoor use.
(k) Limbs and brush - Accumulation of limbs and brush that may contribute and enhance a fire hazard.
(l) Tires - Used tires must be stored in a covered containers.
(K.S.A. 21-4106:4107; Code 2007)
The mayor with the consent of the council shall designate a public officer to be charged with the administration and enforcement of this article. In addition to or as an alternative to the administrative procedure (8-205), the public officer at his discretion may immediately issue a notice to appear before the Municipal Court to any person or theft agent either as owner, lessee, tenant, or occupant of any building, house, lot or land within the city for observed violations or Article 2.
(a) The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints on a form prescribed by the city, signed by one or more persons stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, city law enforcement, or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings to the city clerk, and may immediately issue a citation to appear before the Municipal Court.
(b) It shall be unlawful for any person or theft agent either as owner, lessee, tenant, or occupant of any lot or land within the city to cause or permit a nuisance to exist in any building or on such lot or land.
(Ord. 894, Sec. 1; Code 2007)
The public officer has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.
(a) Whenever a written complain on a form prescribed by the city is made to the council or to the city clerk, or notice is given to or received by the city clerk of the existence of an apparent violation of this article, the city clerk shall cause an investigation to be made within seven days thereafter. The City Clerk may cause to be served upon the person in possession of the real property upon which such nuisance is located or the owner of the real property upon which such nuisance is located a written notice by certified mail, personal service, or residential service. Personal service shall be made by delivering or offering to deliver a copy of the notice to the person to be served. Residential service shall be made by leaving a copy of the notice at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion residing therein. If service cannot be made upon a person by personal or residential service, service may be made by leaving a copy of the notice at the person’s dwelling house or usual place of abode and mailing a notice that such copy has been left at such house or place of abode to the person by first class mail. The notice shall inform such person of the violation and direct that he or she take action within seven days of the date of the notice to comply with the provisions of this article or prosecution will be commenced for violation thereof. In the event such person fails to comply with the provisions of this article within such time, the city clerk shall notify the city attorney who shall commence prosecution under this article. Failure of any person to receive notice under this section shall not be defense in any prosecution hereunder.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
(Ord. 894, Sec. 2; Code 2007; K.S.A. 12-1617e; Code 2014)
When the Board of Health determines that the number of abatement procedures to be undertaken exceeds the present city resources they may assimilate a list of properties determined to be in violation of Article 1. This list will detail the order in which administrative procedures will be initiated against properties in violation of Article 1. The list of numerical properties in violation will be formulated by a random drawing directed; controlled and conducted by the entire Board of Health. Nothing shall prevent a property from being removed from the list if the Board of Health determines that a property comes into compliance with Article 1. The list is public record and addresses may be published in the official newspaper.
The order shall state the condition(s) which (are) in violation of section 8-201. The notice shall also inform the person, corporation, partnership or association that:
(a) He, she or they shall have 10 days from the date of serving the order to abate the condition(s) in violation of section 8-201; or
(b) He, she or they have 10 days from the date of serving the order to request a hearing before the governing body or its designated representative of the matter as provided by section 8-209;
(c) Failure to abate the condition or to request a hearing within the time allowed may result in prosecution as provided by section 8-208 and/or abatement of the condition(s) by the city as provided by section 8-209.
In addition to, or as an alternative to prosecution as provided in section 8-209, the code officer may seek to remedy violations of this article in the following manner: if a person to whom an order has been served pursuant to section 8-205 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-207, the code officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located.
A copy of the resolution shall be served upon the person in violation in one of the following ways;
(a) Personal service upon the person in violation;
(b) Certified mail, return receipt requested; or
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
(d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including but not limited to door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
Should the person, corporation, partnership or association fail to comply with the administrative order to abate the nuisance or request a hearing the public officer may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of section 8-201, be fined in an amount not less than $250.00 but not to exceed $1,000.00, or be imprisoned not to exceed 30 days, or to be both fined and imprisoned, and assessed court costs. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Code 2007; Ord. 995)