Chapter VIII · Health and Welfare

ARTICLE 2. HEALTH NUISANCES

Sections 8-201 to 8-210 · 10 sections

8-201 Nuisances Unlawful; defined.

It shall be unlawful for any person to maintain or permit any nuisance upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied within the city as defined, without limitation, as follows:

(a)Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal, lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse, furniture, stoves, televisions, sinks, bicycles, lawn mowers, or other such items of personal property, or any other offensive or disagreeable thing or substance thrown or left or deposited;

(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;

(e)All grass or weeds or other unsightly vegetation. Any such weeds and grasses shall be presumed to constitute a nuisance if they exceed 10 inches on any premises and in streets and alleys in front of and abutting on any premises in the city; except for parcels actively utilized for agriculture, but not including the area located between the edge of the crop and the roadway;

(f)Nauseous substances;

(g)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;

(h)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;

(i)Deteriorated, dilapidated, or unsightly exteriors of any structure, accessory structure, fences, walls, or retaining walls;

(j)Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city;

(k)A motor vehicle nuisance being any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149, inclusive, as amended; or parked in violation of city ordinance; or in a junked, wrecked or inoperable condition. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable:

(1)Absence of a current registration plate upon the vehicle;

(2)Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;

(3)Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

Provided a motor vehicle nuisance shall not apply to:

(1)To any motor vehicle which is enclosed in a garage or other building;

(2)To the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or

(3)To any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children. However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.

(Ord. 1778-21)

8-202 Complaints; Inquiry and Inspection.

The Health Officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two 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 chief of police or the fire chief. The Health 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 Health Officer shall make a written report of findings.

(Ord. 1778-21)

8-203 Right of Entry.

(a)Whenever necessary to make an inspection of any building, structure or premises to determine if a nuisance exists, or whenever the Health Officer has cause to believe that there exists therein any condition which endangers the public health, the Health Officer is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the Health Officer under this code.

(b)The authority granted to the Health Officer by subsection (a) of this section is subject to the following:

(1)If the building, structure or premises is occupied, the Health Officer shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.

(2)If such property is unoccupied, the Health Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.

(3)If the Health Officer is refused admission or cannot locate the owner or occupant, the Health Officer shall refrain from entering until authorized to do so by proper judicial authority.

(Ord. 1778-21)

8-204 Order to Abate.

Upon receipt of the Health Officer’s report under Section 8-202, the Governing Body may direct the City Clerk to issue a written order the owner or agent of the owner of the property to remove and abate from the property the thing or things therein described as a nuisance within a specified time, not exceeding 10 days.

The order shall:

(1)state the condition(s) which is (are) in violation of section 8-201;

(2)direct the owner or agent of the owner to remove and abate the nuisance within the specified time;

(3)state that prior to the expiration of such period, the recipient may request a hearing before the Governing Body;

(4)state that the City shall grant one or more extensions of the 10 day period if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions in violation of section 8-201;

(5)failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-206 and/or abatement of the condition(s) by the city as provided by section 8-207.

(Ord. 1778-21)

8-205 Hearing.

If a hearing is requested within the period as provided in the order, such request shall be made in writing to the Governing Body. Failure to make a timely request for a hearing shall constitute a waiver of the right to contest the findings of the Health Officer before the Governing Body. The hearing shall be held at the next regular meeting of the Governing Body following the filing of the request therefore. At any such hearing, the person may be represented by counsel, and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. Following such hearing, the Governing Body may make findings of fact and either (1) uphold the determination and order of the Health Officer and order the Health Officer to proceed with abatement and/or penalties as provided in this article, or (2) overturn the determination and order of the Health Officer.

(Ord. 1778-21)

8-206 Failure to Comply; Penalty.

Failure to comply with the notice to abate the nuisance shall constitute a Class C misdemeanor. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Ord. 1778-21)

8-207 Abatement.

In addition to, or as an alternative to prosecution as provided in section 8-207, if the owner or agent fails to comply with the requirement of the order for a period longer than that named in the order, the City shall proceed to have the nuisance removed and abated from the property.

(Ord. 1778-21)

8-208 Costs Assessed.

If the City abates or removes the nuisance pursuant to section 8-207, the City shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the City. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage. If the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located, the City Clerk, at the time of certifying other City taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the City as other City taxes are collected and paid. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.

(Ord. 1778-21)

8-209 Notices.

Orders and notices under this Article shall be served on the owner or agent of the owner of such property by certified mail, postage prepaid, return receipt requested, or by personal service, or if the same is unoccupied and the owner is a nonresident, then by mailing a notice by certified mail, return receipt requested, to the last known address of the owner.

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 Article during the preceding twenty-four month period, the Governing Body 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.

(Ord. 1778-21)

8-210 Disposition of Vehicle.

Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be as provided by K.S.A. Supp. 8-1102, as amended.

(Ord. 1778-21)