It shall be unlawful for any person to cause, maintain or permit any nuisance within the city. For the purposes of this article “nuisance” shall be defined to mean:
(a) Filth, excrement, lumber, brush, 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 twenty-four (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) Unused, unattended, or abandoned iceboxes, refrigerators, freezers, washers, dryers, dishwashers, hot water heaters, or similar devices or equipment;
(g) Any thing or things that, by virtue of the place or manner in which it is or they are maintained, permitted, stored, positioned, placed or otherwise situated, injures, impedes, obstructs or hinders the public or 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.
(i) Any act or failure to act that causes or permits a condition to exist which injures or endangers the public health, safety or welfare.
(K.S.A. 21-4106:4107; Code 2004)
(a) For the purposes of and to affect this Chapter, the term “enforcement officer” means the Governing Body’s authorized agent All citations for violation of this code may be issued by the enforcement officer upon a standard complaint form.
(b) Law enforcement officers shall be authorized to take reports from citizen complainants, serve as witnesses to violations, and sign a complaint as a witness or victim.
(c) The enforcement officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article including, but not limited to:
(1) Inspect properties and premises to detect, confirm or investigate reported or actual violations of this article;
(2) Seek orders from a court of competent jurisdiction for the purpose of entering upon premises or property when such officer, when exercising the power and authority vested in such officer by this article, has been denied entry to premises or property when engaged in the performance of such officer’s duties under this article;
(3) Report to the governing body all nuisances said officer believes to exist within the city; and
(4) Receive such reports, complaints and petitions as may be provided for in this article.
(Code 2004)
The enforcement officer shall make inquiry and inspection of premises:
(a) upon receiving a complaint or complaints stating that a nuisance exists and describing the same and where located, or
(b) is informed that a nuisance may exist by the City Clerk, Chief of Police or the Fire Chief, or
(c) when the enforcement officer observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the enforcement officer shall make a written report of findings to be presented to the Governing Body.
(Code 2004)
The enforcement 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, and to affect any other purpose of this Article; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.
(a) The governing body shall cause to be served upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the enforcement officer to be in violation of section 8-201 an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
(b) If the owner or the agent of the owner of the property has failed to accept delivery of the notice described in (a), 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, publication, or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by publication one (1) time within the City’s newspaper. The city clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.
(K.S.A. 12-1617e; Code 2004)
The order shall state the condition(s) which is (are) in violation of section 8-201. The notice shall also inform the owner or the agent of the owner of the property that
(a) The owner or the agent of the owner of the property shall have ten (10) days from the date of serving the order, ten (10) days after notice has been published, to abate the condition(s) in violation of section 8-201; provided, however, that the governing body or the enforcing officer shall grant one (1) or more extensions of the ten 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; or,
(b) The owner or the agent of the owner of the property have 10 days from the date of serving the order, to request a hearing before the governing body of the matter as provided in section 8-209
(c) That failure to make a timely request for a hearing shall constitute a waiver of the person’s rights to administrative appeal of the findings of the enforcing officer;
(d) That failure to comply with the notice of abatement may result in the City abating the violation with the assessment of costs made against the property or by filing for judgment against the recipient;
(e) That failure to pay such assessments within 30 days of the notice of costs shall result in the filing of a tax lien against the property, or the filing for judgment against the recipient, or both;
(f) That such violations are subject to prosecution in addition to nuisance abatement actions per 8-207.
(Code 2004)
Should the owner or the agent of the owner of the property fail to comply with the order to abate the nuisance or request a hearing the enforcement 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 to exceed $100 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Code 2004)
In addition to, or as an alternative to prosecution as provided in section 8-207, the enforcement officer may seek to abate 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 8-206, the public works director may request a resolution from the governing body authorizing the public works director or other agents of the city to abate the conditions causing the violation at the end of ten (10) days after passage of the resolution The resolution shall further provide that the costs incurred by the City to remove and/or abate such nuisance shall be charged against the lot or parcel of ground on which the nuisance was located as provided in section 8-210. A copy of the resolution shall be served upon the party in violation in one (1) of the following ways:
(a) Personal service;
(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 enforcement 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 (2) 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 of this Resolution of Abatement, or otherwise failed to effectuate receipt of a notice or order sent by the City pursuant to any nuisance abatement action 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, publication, 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, publication, or first class mail. The city clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.
(Code 2004)
If a hearing is requested within the ten (10) day period as provided in section 8-206, 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 right to contest the findings of the enforcement officer. The hearing shall be held by the governing body as soon as possible after the filing of the request, and the person shall be advised by the city of the time and place of the hearing by telephone or regular mail at least five (5) days in advance thereof at the telephone number or address provided by the party requesting such hearing. At any such hearing, the person may be represented by counsel, and the person and the city attorney may introduce such witnesses and evidence as is deemed necessary and proper by such party. The hearing need not be conducted according to the formal rules of evidence. 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 regular mail at the address provided by the person for such purpose. Such resolution shall be created regardless of the determination of the governing body. If the resolution orders abatement, the party shall comply within the time set forth therein, or the public works director may abate as set forth in 8-208.
(Code 2004)
If the city abates or removes the nuisance pursuant to section 8-208, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of a 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, or by any other lawful means but only until the full cost and applicable interest has been paid in full.
(Code 2004)
Upon removal and abatement of any nuisance pursuant to this article or otherwise, the person, entity or owner shall take any and all action necessary to leave the premises in a safe condition. In the event the owner fails to take such actions as are prescribed by this section, the enforcing officer may proceed to make the site safe as part of the abatement process.
If the recipient of the notice of abatement fails to comply with the notice within the time prescribed, or fails to comply with any order or resolution after a hearing on the matter within the time prescribed, then the City may file an action in municipal court and/or go onto the property to abate the violation in a reasonable manner. The enforcing officer is hereby authorized to contract for and obtain such services and equipment, public or private, the officer deems necessary and appropriate to complete the tasks enumerated herein, and the enforcing officer shall adhere to and comply with all applicable laws, regulations, ordinances and city policies concerning procurement of services and equipment. The City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property.
(a) When the enforcing officer believes that any real or personal property constitutes an immediate health or safety hazard, the officer shall inform the Mayor. At the direction of the Mayor the enforcing officer is authorized to take immediate action to secure the property, and shall place the matter before the governing body at their next regularly scheduled meeting for a determination that a nuisance exists which constitutes an immediate hazard.
(b) When in the governing body’s opinion any nuisance exists which constitutes an immediate hazard requiring immediate action to protect the public or adjacent property, the governing body may direct the enforcing officer to take immediate action, without delay, to protect the safety of persons and properties including, but not limited to, the erection of barricades, or causing the property upon which the nuisance is located to be vacated or otherwise made safe. Such action by the governing body and enforcing officer may be taken without prior notice or hearing of the owners, agents, lien holders, occupants or other parties in interest. The costs of any action under this section shall be reported and documented, notice of costs shall be afforded and the costs shall be assessed in the same manner as provided in section 8-210.