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;
(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;
(f) Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill;
(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 as to obstruct the same, except as permitted by the laws of the City;
(K.S.A. 21-4106:4107; K.S.A. 12-1617e; K.S.A. 12-1617f; Ord. 587; Ord. 593; Code 2021)
The governing body shall designate a public officer to be charged with the administration and enforcement of this article. Other appropriate personnel of the City may also be designated to enforce this article.
(Ord. 593; Code 2021)
The public 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 any health official, chief of police, fire chief or state social worker. 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.
(Ord. 593; Code 2021)
It shall be a violation of this article to deny the public officer 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.
(Ord. 593; Code 2021)
Any person, corporation, partnership or association found by the public officer to be in violation of Section 8-101 shall be served a notice of such violation. The notice shall be served by one of the three following methods:
(a) Personal service upon the person in violation
(b) Service by certified mail, postage prepaid, return receipt requested; or
(c) In the event the property is not occupied and the owner is a nonresident, then service shall be by restricted mail to the last known address of the owner, postage prepaid, return receipt requested.
(K.S.A. 12-1617e; Ord. 587; Ord. 593; Code 2021)
The notice shall state the conditions(s) which is (are) in violation of Section 8-101. 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 notice to abate the conditions(s) in violation of Section 8-101; or
(b) He, she or they shall have 10 days from the date of serving the notice to request an extension of time to abate from the public officer of the matter as provided by Section 8-109, or to request a hearing before the Governing Body;
(c) Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 8-107 and/or abatement of the condition(s) by the City as provided by Section 8-109.
(Ord. 593; Code 2021)
Should the person, corporation, partnership or association fail to comply with the notice 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 8-101, be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Ord. 593; Code 2021)
In addition to or as an alternative to prosecution as provided in Section 8-107, the public officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to Section 8-105 has neither alleviated the condition(s) causing the alleged violation, or requested a hearing, the public 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 as provided in Section 8-110. Such resolution shall also state that payment of such costs is due and payable within 30 days following receipt of such notice. 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) Service by certified mail, postage prepaid, return receipt requested; or
(c) in the event the property is not occupied and the owner is a nonresident, then service shall be by restricted mail to the last known address of the owner, postage prepaid, return receipt requested.
The City may also initiate court proceedings to force the abatement of nuisances.
(Ord. 587; Ord. 593; Code 2021)
The public officer may grant a reasonable extension of time to comply with the nuisance abatement prior to leaving a complaint in municipal court pursuant to Section 8-107 presenting a resolution to the Governing Body for abatement, as provided in Section 8-108, providing a good faith effort is being made to abate the nuisance. Prior to adoption of the presented resolution, the Governing Body may grant a reasonable extension of time to abate the resolution.
(Ord. 593; Code 2021)
If the city abates the nuisance pursuant to Section 8-108, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. If the cost of removal or abatement and notice is not paid within the 30 day period, the City may recover such cost, to include the cost of providing notice and postage, in the manner provided by K.S.A. 12-1-115, and amendments thereto, or assess such charges against the lot or parcel of ground on which the nuisance was located. The City may also obtain a judgment against the person or entity to cover the cost of abating the nuisance. The City Clerk shall, at the time of certifying other City taxes to the County Clerk, certify the costs as provided in this section. The County Clerk shall extend the same on the tax roll 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 any applicable interest has been paid in full.
(Ord. 587; Ord. 593; Code 2021)
Should the person or entity fail to abate an item of property deemed to be a nuisance within the 10 day time frame, the City shall have the authority to impound such property. The City Clerk shall give notice to the person or entity by restricted mail that such property may be reclaimed within a time not less than 20 days not more than 30 days of the date of notice, provided all costs for removal and abatement are paid in full prior to release of the property. If the item of property is not claimed by the person or entity within 30 days of date of notice, the City shall claim possession of the item of property and may declare the property as surplus and dispose of it in accordance with City policy #8-3, Surplus Property.
(Ord. 587; Ord. 593)