For the purposes of this article, the following words and phrases shall have the following meanings:

(a)   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.

(b)   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.

(c)   Owner. The owner of any building or structure, whether individual, firm, partnership or corporation.

(d)   Rodent harborage. Any condition which provides shelter or protection for rodents, thus favoring their multiplication and continued existence in, under or outside a structure of any kind.

(e)   Rodent-stoppage. A form of rodent proofing to prevent the ingress of rodents into buildings from the exterior or from one (1) building to another, consisting essentially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by rodents from the ground by climbing or by burrowing, with material or equipment impervious to rodent-gnawing.

(Code 2004)

All buildings and structures located within the present or future boundaries of the city shall be rodent-stopped, freed of rodents and maintained in a rodent-stopped and rodent-free condition.

(Code 2004)

Upon receipt of written notice from the governing body, the owner of any building or structure specified therein shall take immediate measures for the rodent-stoppage of such building or structure. The work shall be completed in the time specified in the written notice, which shall be within 15 days, or within the time of any written extension thereof that may have been granted by the governing body.

(Code 2004)

If the owner fails to comply with such written notice or extension, then the governing body is authorized to take such action as may be necessary to completely rodent-stop the building or structure at the expense of the owner, and the city clerk shall submit bills for the expense thereof to the owner of the building or structure. If the bills are not paid within 60 days the city clerk shall certify the amount due to the city treasurer and the charge shall be a lien against the property where the work has been done, and the owner shall be promptly billed therefor. The expense thereof shall include the cost of labor, materials, equipment and any other actual expense necessary for rodent-stoppage.

(Code 2004)

It shall be unlawful for any occupant, owner, contractor, public utility company, plumber or any other person to remove the rodent-stoppage from any building or structure for any purpose and fail to restore the same in a satisfactory condition or to make any new openings that are not closed or sealed against the entrance of rodents.

(Code 2004)

Whenever the governing body notifies in writing the owner of any building or structure theretofore rodent-stoppage as hereinabove defined, that there is evidence of rat infestation of the building or structure, the owner shall immediately institute appropriate measures for freeing the premises so occupied of all rodents. Unless suitable measures for freeing the building or structure of rodents are instituted within five (5) days after the receipt of notice, and unless continually maintained in a satisfactory manner, the city is hereby authorized to free the building or structure of rodents at the expense of the owner thereof and the city clerk shall submit bills for the expense thereof to the owner of the building or structure and if the same are not paid, the city clerk shall certify the amount due from the owner to the city treasurer, and the owner shall be promptly billed therefor. The City may collect this amount by any lawful means. The expense thereof shall include the cost of labor, materials, equipment and any other actual expense necessary for the eradication measures.

(Code 2004)

(a)   All food and feed kept within the city for feeding animals shall be kept and stored in rodent-free and rodent-proof containers, compartments, or rooms unless kept in a rodent-stopped building.

(b)   It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage or trash in any building or premises so that the same shall afford food and harborage for rodents.

(c)   It shall be unlawful for any person to accumulate or to permit the accumulation on any premises or on any open lot any lumber, boxes, barrels, bricks, stone or similar materials that may be permitted to remain thereon and which are rodent harborages, unless the same shall be placed on open racks that are elevated not less than 12 inches above the ground, evenly piled or stacked.

(d)   Whenever conditions inside or under any building or structure provide such extensive harborage for rodents that the health department deems it necessary to eliminate such harborage, he or she may require the owner to install suitable cement floors in basements or to replace wooden first or ground floors or require the owner to correct such other interior rodent harborage as may be necessary in order to facilitate the eradication of rodents in a reasonable time and thereby to reduce the cost of such eradication.

(Code 2004)

The enforcement officer is empowered to make such inspections and re-inspections of the interior and exterior of any building or structure as in his or her opinion may be necessary to determine full compliance with this article.

(Code 2004)

Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and be fit for human habitation. The roof shall be maintained so as not to leak and all rainwater shall be drained therefrom so as not to cause dampness in the walls or ceilings. All floors, stairways, doors, porches, windows, skylights, chimneys, toilets, sinks, walls, and ceilings shall be kept in good repair and usable condition.

(Code 2004)

The designation of dwellings or dwelling units as unfit for human habitation and placarding of such unfit dwellings or dwelling units shall be carried out in compliance with the following requirements:

(a)   The Enforcement Officer may determine following inspection, or five (5) citizens may petition in writing for a determination by the enforcement officer, that any dwelling unit is unfit for human use or habitation if the director finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of the neighborhood, or which shall have a blighting influence on properties in the area.

(b)   Such Conditions may include the following without limitation:

(1)   Defects therein increasing the hazards of fire, accident, or other calamities.

(2)   Lack of:

(A)  Adequate ventilation.

(B)  Light.

(C)  Cleanliness.

(D)  Sanitary facilities.

(3)   Dilapidation.

(4)   Disrepair.

(5)   Structural defects.

(6)   Overcrowding.

(7)   Inadequate ingress and egress.

(8)   Unsightly appearance that constitute a blight to the adjoining property, the neighborhood or the city.

(9)   Air Pollution

(c)   Placarding – Order to Vacate. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the public works director shall be vacated within a reasonable time as so ordered.

(d)   Notice of Violation. Procedures as outlined in section 8-612 are applicable hereto.

(e)   Compliance Required before Reoccupancy. No dwelling or dwelling unit which has been condemned and placarded as unfit for human habitation shall again be used for human habitation until written approval is secured from, and such placard is removed by the public works director.

(1)   The enforcement officer shall remove any placard whenever the defect or defects upon which the condemnation and placarding action were based have been eliminated.

(2)   It shall be unlawful for anyone to let, lease, occupy or permit the occupancy, whether for a consideration or not, of any dwelling so posted and any violation of this provision shall constitute a public offense within the meaning of this code.

(3)   It shall be unlawful for any person to deface or remove the placard from any dwelling or dwelling unit which has been condemned as unfit for human habitation and placarded as such, except the public works director as herein provided, and any violation of this provision shall constitute a public offense within the meaning of this code.

(Code 2004)

The designation of unsightly and blighted premises and elimination thereof shall be carried out in compliance with the following requirements.

(a)   The enforcement officer may determine upon his or her own inspection and determination, or after five (5) citizens petition in writing, for a determination by the enforcement officer, that if the appearance of a premise is not commensurate with the character of the properties in the neighborhood or otherwise constitutes a blight to the adjoining property or the neighborhood or the city for such reasons as, but not limited to:

(1)   Dead trees or other unsightly natural growth.

(2)   Unsightly stored or parked material, equipment, supplies, machinery, trucks or automobiles or parts thereof; vermin infestation, inadequate drainage.

(3)   Violation of any other law or regulations relating to the use of land and the use and occupancy of the buildings and improvements.

(b)   Notice of Violation. Procedures as outlined in section 8-612 are applicable hereto.

(Code 2004)

(a)   Certain Blighted Conditions covered in section 8-608 through 8-609 concerning buildings and premises which are on the tax roll of the city are applicable to all non-residential buildings and premises.

(b)   Notice of Violation. Procedures of notification shall follow those prescribed in section 8-612.

(Code 2004)

(a)   For the Purpose of Determining Compliance with the provisions of this code, the enforcement officer or his or her authorized representative is hereby authorized to make inspections to determine the condition, use, and occupancy of dwellings, dwelling units, rooming units, and the premises upon which the same are located. This requirement is applicable to existing dwellings or buildings.

(b)   The Enforcement Officer is not limited by the conditions in the above paragraph (a) where new construction or vacant premises are involved and may make such inspection at any appropriate time.

(c)   The Owner, Operator, and Occupant of every dwelling, dwelling unit, and rooming unit shall give the public works director or his or her authorized representative, during reasonable hours, free access to such dwelling, dwelling unit and rooming unit, and its premises, for the purpose of such inspection, examination and survey after identification by proper credentials.

(d)   Every Occupant of a dwelling shall give the owner thereof, or his or her authorized agent or employee, access to any part of such dwelling, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this code or with any rule or regulation adopted and promulgated, or any order issued pursuant to the provisions of this code.

(Code 2004)

(a)   Informal Discussion. Whenever the public works director or his or her authorized representative determines that there has been a violation of any provision of this code, the enforcement officer will arrange with the owner of such property for an informal discussion of violations, and whether repair and correction is justified. Such informal discussion must occur within five (5) days, including weekends but not holidays observed by the City, of the request by the enforcement officer to meet to discuss such violations. Failure to meet with the enforcement officer within that time shall be deemed a waiver of the informal discussion step of this procedure.

(b)   Formal Hearing. If a satisfactory solution to the violations, either by correction, demolition or removal, or approved plan does not occur within ten (10) days following the occurrence of the Informal Discussion, then a legal notice of a formal hearing will be issued according to the following procedures:

(1)   Shall be in writing.

(2)   Shall list the violations alleged to exist or to have been committed.

(3)   Shall provide a reasonable time, but not less than 30 days in any event for the correction of the violations particularized.

(4)   Shall be addressed to and served upon the owner of the property, the operator of the dwelling, and the occupant of the dwelling unit or the rooming unit concerned, if the occupant is or may be responsible for violation.

(5)   If one (1) or more persons whom the notice is addressed cannot be found or served after diligent effort to do so, service may be made upon such person or persons by posting a notice in a conspicuous place in or about the dwelling affected by the notice, and notice shall occur one (1) time by publication in the official newspaper. The enforcement officer or his or her authorized representative shall include in the record a statement as to why such posting was necessary.

(6)   Delivery shall be by certified mail, return receipt requested, or by personal service. If service is made by certified mail, the public works director or his or her authorized representative shall include in the record a verified statement giving details regarding the mailing. Failure of any party to take service of such notice shall be noted in the record, and notice shall then occur one (1) time by publication in the official newspaper. Costs of publication may be assessed as court costs of administrative costs.

(Code 2004)

For the purpose of protecting the city against unsightly or blighted premises, also the health, welfare, and safety of the inhabitants of dwellings or dwelling units, the enforcement officer referred heretofore is hereby authorized, with the consent and prior knowledge of the governing body, to enforce provisions of this code and of other laws which regulate or set standards affecting buildings and premises.

(Code 2004)

The governing body is hereby authorized:

(a)   To Informally Review all alleged violations as provided in section 8-612(a) prior to notification prescribed in section 8-612(b).

(b)   To Take Action as prescribed in section 8-612(b).

(c)   To Hear Appeals where there is opposition to any order, requirement, decision or determination by the enforcement officer in enforcement of this code as outline in section 8-618.

(d)   Discretionary Authority may be exercised in specific cases where variance from the terms of the code:

(1)   Will not adversely affect the public health, safety or welfare of inhabitants of the city,

(2)   Is in harmony with the spirit of this code, and

(3)   Where literal enforcement of the code will result in unnecessary hardship.

(Code 2004)

At the time of the placarding and order to vacate specified by section 8-608(c) hereof, the public works director shall also issue and cause to be served upon the owner a notice advising of the option of removal or demolition in lieu of correction and/or repair following the procedures as outlined in section 8-612.

(Code 2004)

(a)   Failure to Comply with the order under section 8-615 hereof for the alteration or improvement of such structure, the public works director with the consent and prior knowledge of the governing body, may cause such condemned structure to be removed or demolished and the premises improved to eliminate the conditions outlined in section 8-609 of the code.

(b)   If the Structure is Removed or Demolished by the public works director he or she shall offer for bids and sell the structure or the materials of such structure. The proceeds of such sale shall be credited against the cost of the removal and demolition and, if there is any balance remaining, it shall be paid to the parties entitled thereto after deduction of costs or judicial proceedings, if any, including the necessary attorney’s fees incurred therein, as determined by the court, if involved. If the owner of such property is undetermined, proceeds shall be held in trust for such owner. If such proceeds are insufficient to cover the costs of abatement then the following provisions shall apply 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.

(c)   The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the public works director including all legal costs associated with enforcing the provisions of this Article and the costs of making the site safe, shall be reported to the city clerk.

(d)   The city shall give notice to the owner of the structure by certified mail of the cost of removing the structure, legal costs to the City, and making the premises safe and secure, and the duty of the owner to pay all such costs. The notice shall also state that payment of the costs is due and payable within 30 days following receipt of the notice, and may be collected by any lawful means.

(e)   If the costs remain unpaid after 30 days following receipt of notice, the city clerk may sell any salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing the structure and making the site safe. Any proceeds in excess of that required to recover the costs shall be paid to the owner of the premises upon which the structure was located.

(Code 2004)

(a)   Conflicts between the provisions of this code and with a provision of any zoning, building, fire, safety, or health ordinance or code of the city, existing on the effective date of this article, the provision shall prevail which establishes the higher standard.

(b)   Conflicts between this article with a provision of any other ordinance or code of the city existing on the effective date of this article which establishes a lower standard, the provisions of this article shall be deemed to prevail and such other laws or codes are hereby declared to be repealed to the extent that they may be found in conflict with this code.

(Code 2004)

(a)   Any person, firm, or corporation considering themselves aggrieved by the decision of the public works director and who desires to present a formal protest to the governing body shall in writing, request a hearing before the governing body within 10 days after receiving notice of the decision from the public works director as provided in section 8-612(b). Such protest and request for a hearing shall be filed with the office of the city clerk.

(b)   Upon receipt of a protest and request for a hearing, the city clerk shall notify in writing the governing body of such appeal.

(c)   The governing body shall, within 30 days of receipt of protest and request for a hearing, determine a date for the hearing.

(d)   Notice of the date for the hearing shall be sent to the appellant at least 10 days before the hearing.

(e)   Except where an immediate hazard exists as described in section 8-612 of this code, the filing of a protest and request for a hearing before the governing body as specified in subsection (a) shall operate as a stay of the enforcement of enforcement officer’s order until such time as the governing body has reached a decision on the matter.

(Code 2004)

After exhausting the remedy provided in section 8-618, any person aggrieved by an order issued by the enforcement officer and approved by the governing body after a hearing on the matter, may within 30 days from the date which the order became final petition the district court of the county in which the property is located to restrain the enforcement officer from carrying out the provisions of the order.

(Code 2004)