ARTICLE 1. HEALTH NUISANCES
8-101. LEGISLATIVE FINDING OF FACT. The governing body has found that there exist within the city unsightly and hazardous conditions due to: health hazards; harborage of vermin; dilapidation, deterioration or disrepair structure exteriors; accumulations increasing the hazards of accidents or other calamities; uncleanliness; unsightly stored or parked material, equipment, supplies, machinery, vehicle parts. Such conditions are inimical to the general welfare of the community in that they have a blighting influence on the adjoining properties, the neighborhood and the city, or are injurious to the health and safety of the residents of the city. The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided. (Code 2009)
8-102. PURPOSE. The purpose of this Article is to protect, preserve, upgrade, and regulate the environmental quality of business, commercial and residential neighborhoods in this city, by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof. (Code 2009)
8-103. DEFINITIONS. The words and phrases listed below when used in this Article shall have the following meanings:
(a) Accessory Structure - a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.
(b) Building - any structure, whether public or private, that is adapted for occupancy as a residence, the transaction of business, the rendering of professional services, amusement, the display, sale or storage of goods, wares or merchandise or the performance of work or labor, including office buildings, public buildings, stores, theaters, markets, restaurants, workshops and all other houses, sheds and other structures on the premises used for business purposes.
(c) Commercial or Business - used or intended to be used primarily for other than residential or agricultural purposes.
(d) Compost Pile - means a mixture consisting of leaves, stems, grasses, dirt and other organic matter which shall be stored in an enclosure and used for garden soil conditioning purposes. Said enclosure shall be screened or placed in a manner which is not offensive to neighboring residents or the general public.
(e) Dilapidation, Deterioration or Disrepair - shall mean any condition characterized by, but not Limited to: boles, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, jack of maintenance, excessive use or weathering.
(f) Exterior - those parts of a structure which arc exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.
(g) Front Yard - means a yard across the full width of the Jot extending from the front line of the main building to the front lot line.
(h) Garbage - without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.
(i) Graffiti - any drawing, painting, writing, inscription, figure or mark, regardless of its content, of the type which is commonly known and referred to as “graffiti” which is written, drawn, painted, sprayed, scratched or otherwise places or affixed, regardless of the nature of the material used, on any wall, window, rock, building or portion thereof, fence, gate, sign, other structure, tree or other real or personal property, either publicly or privately owned, and that is visible from any adjacent public or private property or public or private right of way. “Graffiti” shall not include any permitted sign allowed to be erected by other city ordinances.
(j) Hearing Officer- the person appointed by the Governing Body to conduct the hearing pursuant to this Article.
(k) Occupant - the person that has the use of, controls or occupies any business building or any portion thereof, whether owner or tenant. In the case of vacant business buildings or any vacant portion of a business building, the owner, agent or other person having custody of the building shall have the responsibilities of an occupant of a building.
(I) Owner - the owner of any building or structure, whether individual, firm, partnership, corporation or LLC.
(m) Person - any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.
(n) Premises - any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.
(o) Refuse - garbage and trash.
(p) Residential - used or intended to be used primarily for human habitation.
(q) Structure - anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.
(r) Trash - combustible waste consisting of; but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and non-combustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or Street rubbish and sweepings.
(s) Weathered - deterioration caused by exposure to the elements.
(t) Yard - the area of the premises not occupied by any structure. Any unenclosed building or structure (i.e. carport, porch, deck, and pool) is considered yard for the purpose of this Article but are not counted in the total open space. (Code 2009)
8-104. PUBLIC OFFICER. The mayor shall designate the police chief to serve as public officer and to be charged with the administration and enforcement of this article. In the event the police chief is not available, other police department personnel shall act as assistant and serve notices of violations, issue citations, verify vehicle registration and/or investigate the violation. (Code 2009)
8-105. RIGHT OF ENTRY. 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 fix the purpose of making inquiry and inspection to determine if a nuisance exists. (Code 2009)
8-106. ENFORCEMENT STANDARDS. No person shall be found in violation of this Article unless a public officer, after a reasonable inquiry and inspection of the premises, finds evidence of conditions declared unlawful under 8-107, 8-108, 8-109. For 8-108 and 8-109, this shall not include conditions which are not readily visible from any public place or from any surrounding private property. (Code 2009)
8-107. HEALTH NUISANCES. 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 pr deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or premises whether vacant or occupied.
(b) All pools, spas, hot tubs and other bodies of water shall be properly maintained so as not to create a safety hazard, harbor insect infestation, be polluted, become stagnant, deteriorated or blighted.
(c) Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors and stenches.
(d) Nauseous substances, carcasses of dead animals not removed within 24 hours after death.
(e) Attractive nuisances dangerous to children and other persons including, but not limited to:
(1) Abandoned, broken, or neglected household appliances, equipment and machinery. Abandoned or unattended iceboxes, refrigerators or other container (over 1 1/2 cubic feet volume) that has an airtight door or lid not in actual use unless the door or lid thereof is removed therefrom, or
(2) Unfenced or unmaintained pools, unused basement and excavations; any open cistern, cesspool, well, or other dangerous opening. All such places shall be filled, securely covered or fenced in such a manner as to prevent injury to any person and any Cover shall be of such a design, size and weight that the cover cannot be removed by children.
(f) Wastewater or sanitary sewage not managed or disposed of as provided for in this Code.
(g) 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.
(h) Any condition which provides harborage or breeding environment for insects, mice, snakes or other vermin.
(i) All slop, foul or dirty water, filth, refuse or offal discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, premises, park, public square, public enclosure.
(k) Animals affected with disease or animal disease carriers, when the disease is one that may adversely affect the health of humans or other animals.
(I) Pollution or contamination of any water supply or water course by sewage, industrial, chemical, oil, junk, debris, or any other waste or product.
(m) Create or maintain any condition that obstructs or renders dangerous the use or passage of any park, stream, water course, sidewalk, parkway, public property, alley, Street, highway or easement.
(n) Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) which is determined by a Public Officer to constitute a fire or environmental hazard, or to be detrimental to human life, health or safety.
(o) Any other act, occupation, and use of property that in fact endangers or jeopardizes the public peace and safety.
8-108. YARD NUISANCE VIOLATIONS. It shall be unlawful for any person to allow to exist on any residential, commercial or business premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city. This shall not include conditions which are not readily visible from any public place or from any surrounding private property. A yard nuisance shall include, but not be limited to, the scattering over or the leaving, depositing or accumulation on the yard of any of the following:
(a) Lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, boxes, barrels, drums, packing crates or pallets, salvage materials, junk or refuse, or other materials except building materials to be used within ninety days for construction on the premises if properly authorized by a current building permit and except properly maintained compost piles as defined by this Article shall not constitute a nuisance.
(b) Indoor furniture, appliances, mattresses, bedding, stoves, refrigerators, televisions, sinks, lawn mowers, shopping carts, or other such items of personal property.
(c) In residential districts a maximum of four (4) cords of wood on one premises and only in rear yard and neatly stored.
(d All trees, hedges, signs, fences, or other obstructions that violate the sight triangle requirements in the City zoning ordinance.
(e) All limbs of trees which are less than 8 feet above the surface of any public sidewalk or 14feet above the surface of any street.
(f) Storing piles of dirt, rocks, gravel, sand, concrete, and other similar materials for more than 90 days unless the materials are part of a project for which a building permit has been issued.
(g) Property lacking appropriate landscaping, turf or plant material so as to cause excessive dust.
(h) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes.
(i) 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.
8-109. EXTERIOR STRUCTURE NUISANCES. It shall be unlawful for any person to allow to exist on any residential, commercial or business premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city, This shall not include conditions which are not readily visible from any public place or from any surrounding private property. Structure exterior nuisance conditions shall include, but not be limited to, deteriorated, dilapidated, or unsightly;
(a) exteriors of any structure;
(b) exteriors of any accessory structure; or
(c) fences, walls, or retaining walls;
(d) refuse or personal property placed on rooftops;
(e) buildings, fences, signs, or other structures that are or have been abandoned, boarded up, partially destroyed, or permitted to remain in a state of partial construction for a period of ninety (90) days or more, (180 days for partial construction) and where continuation of the condition is unsightly or is hazardous to the public health, safety, or welfare.
(f) exterior nuisance conditions shall also include graffiti on the above listed exteriors.
8-110. NOTICE OF VIOLATION; AUTHORITY TO ISSUE NOTICE TO APPEAR. Any person found by the public officer to be in violation of this Article 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 Article; and
(c) That the person in violation shall have 10 calendar days from the date of the Notice of Violation to alleviate any nuisance violation of this Article except an exterior structure nuisance shall have 30 calendar days; or in the alternative,
(1) That the person 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 will be served a Notice to Appear in municipal court; or in the alternative,
(2) That the person 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 8-212 before the hearing officer.
(d) That failure to alleviate the condition will result in either abatement of the condition by the city with the costs assessed against the property under 8-214, or the person being served a Notice to Appear in municipal court for adjudication of the violation. (Code 2009)
8-111. SERVICE OF NOTICES. (a) All written notices required to be given under the provisions of this Article 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 the owner if city abatement is assessed to the property; or
(3) By posting such notice on the premises in a conspicuous place.
(4) In the case of a hearing order or court order ordering abatement where 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 hearing order or court order shall be made by publishing the same once in the official city newspaper and by posting a copy of the hearing order or court order on the premises where such conditions exist.
8-112. HEARING BEFORE HEARING OFFICER; ORDER TO ABATE. If the recipient of the notice of violation submits a written request for a hearing within the notice period, then the city shall immediately schedule a hearing during a regular business day and not later than ten (10) calendar days from the receipt of the written request. The hearing shall be conducted by a designated hearing officer appointed by the City Council who shall not be an employee of the city. The hearing officer shall receive evidence, review the investigation and prepare a written order. The order shall be sent by certified mail to all relevant parties within five (5) calendar. days of the hearing, unless otherwise stated at the hearing and prior to the city taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific code provisions being relied upon should a violation be found, and state any such other stipulations, methods of abatement or orders as deemed necessary by the hearing officer. This includes the authority of the hearing officer to issue a Notice to Appear in municipal court for adjudication of the violation.(Code 2009)
8-113. 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 and who does not request a hearing as described in 8-210 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 Article shall upon conviction be punished by a fine of not less than $50.00 nor more than $100.00, or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for each offense. For the purposes of this Article, 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 as it shall deem appropriate to cause the nuisance to be abated. (Code 2009)
8-114. COSTS ASSESSED. If the city abates the conditions in violation of this Article, the cost of abatement shall be charged against the premises on which the conditions were located. The city clerk shall, at the time of certifying-other taxes to the county clerk, certify the costs as provided in this Article. 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 in lieu of or in Conjunction with, may use any other method of collecting the city’s cost of abatement as is allowed by law. (Code 2009)
8-115. EMERGENCY ABATEMENT. In order to enforce the provisions of this Article, when the Mayor or his/her duly authorized representatives find and determine that the severity of the violation warrants immediate action, he/she 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 this Article. 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 Article or any other applicable provisions of state law and local ordinances. (Code 2009)
8-116. 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 and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance. (Code 2009)