Chapter VIII · Health and Welfare

Article 2. Nuisance Enforcement & Administration

Sections 8-201 to 8-216 · 16 sections

8-201 Public officer.

The City Manager shall designate a public officer(s) to be charged with the enforcement of this Chapter.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018)

8-202 Right of entry.

It shall be a violation of this Chapter 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. 3410; Code 2008; Ord. 3729; Code 2018)

8-203 Unlawful interference.

It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officer’s authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute a code violation.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018)

8-204 Enforcement standards.

No person shall be found in violation of this Chapter unless a public officer, after reasonable inquiry and inspection of the premises, finds evidence of nuisance conditions or other violations declared unlawful as outlined in this Chapter.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018)

8-205 Reserved for future use.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018)

8-206 Inquiry and complaints; inspection.

(a)The public officer shall make inquiry and inspection of premises that a nuisance may exist under the following circumstances:

(1)upon receiving a complaint or complaints that a nuisance exists; or

(2)the officer personally observes conditions which appear to constitute a nuisance;

(3)receiving written or documented information from any other employee or officer of the City, state or federal government having jurisdiction or knowledge to provide observation or notification of conditions which appear to constitute a violation.

(b)Upon making any inquiry and inspection, the public officer shall make a written report of findings.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018)

8-207 Notice of violation; authority to issue notice to appear.

Any person, corporation, partnership or association found by the public officer to be in violation of this Chapter shall be sent a Notice of Violation by the public officer. The Notice of Violation shall state:

(a)The address where the condition exists; and

(b)The condition which has caused the violation of this Chapter; and

(c)The person or entity in violation shall have 10 calendar days from the date of Notice of Violation to alleviate any nuisance violation of this Chapter except an exterior structure nuisance shall have 30 calendar days; or in the alternative,

(1)The person or entity in violation may enter into a written agreement with the City to alleviate the nuisance violation within a specified time limit if the public officer believes an extended period of time is warranted. Failure to eliminate the violation under the terms of the agreement waives the right to a hearing before the hearing officer and the person or entity in violation will be served a Notice to Appear in Municipal Court; or

(2)That the person or entity in violation may, within 10 calendar days from the date of the Notice of Violation, request in writing for a hearing on the matter as provided in Section 8-210.

(d)That failure to alleviate the condition will result in either,

(1)abatement of the condition by the City with the costs assessed against the property under Section 8-212; or

(2)the person or entity being served a Notice to Appear in Municipal Court for adjudication of the violation.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018)

8-208 Service of notices.

(a)Unless otherwise prescribed by Kansas statute, all written notices required to be given under the provisions of this Chapter may be served in the following manner:

(1)By personal delivery at such person’s residence—with an individual 18 years of age or older being a member of the family or cohabitant, or at such person’s place of business with an employee of the business; or

(2)By certified mail, return receipt requested to the person in violation and also to the owner, if the City abatement is assessed to the property; or

(3)If the owner or the agent of the owner of the property has failed to accept delivery, or has otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, 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.

(4)If in the event the whereabouts of such person is 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.

(b)In the case of notices issued for grass or weed nuisances, the City shall only provide one notice in a twelve (12) month period. All subsequent violations after the first notice, whether abated by the person in violation or by the City, will not require further notice in that calendar year before the City abates the grass or weed nuisance.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018; Ord. 3872)

8-209 Reserved for future use.

(Ord. 3410; Code 2008; Ord. 3729; Code 2018)

8-210 Hearing.

(a)If a hearing is requested within the 10 day period as provided in Section 8-207, such request shall be made in writing to the City Clerk. Failure to make a timely request for a hearing shall constitute a waiver of the person’s or entity’s right to contest the findings of the public officer.

(b)The hearing shall be held by the Governing Body, as soon as reasonably possible after the filing of the request and the person or entity shall be advised by the City of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person or entity may be represented by counsel, and both parties, the person or entity 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.

(c)Upon conclusion of the hearing, the findings of the Governing Body shall be prepared in resolution form, adopted by the Governing Body, and the resolution shall be served upon the person by the City in the manner provided in section 8-208.

(Code 2008; Ord. 3729; Code 2018)

8-211 Municipal court; penalty.

The public officer or City Prosecutor may file a complaint in the Municipal Court and serve a Notice to Appear against any person who receives a Notice of Violation and does not correct the violation(s) within the allotted time or against any person that has failed under the terms of an agreement to eliminate the nuisance. Upon such complaint in the Municipal Court, any person found to be in violation of this Chapter shall upon conviction be punished by a fine of not less than $50 nor more than $100 or by imprisonment for not more than 30 days, or by both such fine and imprisonment for each offense. For the purposes of this Chapter, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist. If upon conviction of a nuisance herein under and it appears to the Court that the nuisance complained of is continuing, the Court may enter such order and shall deem appropriate to cause the nuisance to be abated.

(Ord. 3729; Code 2018)

8-212 Abatement.

In addition to, or as an alternative to prosecution as provided in section 8-211, the public officer may seek to remedy violations of this Chapter in the following manner. If a person to whom an order has been sent pursuant to section 8-208 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time period specified in section 8-207, the public officer or other agents of the City may abate the conditions causing the violation at the end of 10 days after passage of the resolution.

(Ord. 3729; Code 2018)

8-213 Costs assessed.

If the City abates or removes the nuisance pursuant to section 8-212, 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, required by this section. The notice shall also state that 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 and 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. 3729; Code 2018)

8-214 Emergency abatement.

In order to enforce the provisions of this Chapter, when the public officer finds and determines that the severity of the violation warrants immediate action, the officer may cause the clean up or abate the violation thereof by any appropriate means. The cost of such emergency cleanup or abatement may be recovered by the City as provided in section 8-213. Such emergency cleanup or abatement will not relieve the person of further action which may be taken by the City including but not limited to, liability for any violations of this Chapter or any other applicable provisions of state law and local ordinances.

(Ord. 3729; Code 2018)

8-215 Reserved for future use.

(Ord. 3729; Code 2018)

8-216 Construction.

Nothing in this Article shall be construed to abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this Article shall be in addition to the supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.

(Ord. 3729; Code 2018)