Chapter 8 · Health and Welfare

Article 2a. Environmental Code

Sections 8-2a01 to 8-2a16 · 16 sections

8-2a01 Title.

This article shall be known as the “Environmental Code.”

(Code 2004)

8-2a02 Legislative finding of fact.

The governing body has found that there exist within the city unsightly and hazardous conditions due to: dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; accumulations increasing the hazards of accidents or other calamities; structural defects; uncleanliness; unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof. 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 2004)

8-2a03 Purpose.

The purpose of this article is to protect, preserve, upgrade, and regulate the environmental quality of industrial, 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 2004)

8-2a04 Rules of construction.

For the purpose of this article, the following rules of construction shall apply:

(a)Any part thereof – Whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”

(b)Gender – Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.

(c)Number – Words of number shall be construed to mean singular or plural, as may be applicable.

(d)Tense – Words of tense shall be construed to mean present or future, as may be applicable.

(e)Shall – The word shall is mandatory and not permissive.

(Code 2004)

8-2a05 Definitions.

The words and phrases listed below when used in this article shall have the following meanings:

(a)Abandoned Motor Vehicle — any motor vehicle which is not currently registered or tagged pursuant to K.S.A 8-126 to 8-149 inclusive as amended; or parked in violation of the code; or incapable of moving under its own power; or in a junked or wrecked condition.

(b)Accessory Structure — a secondary structure detached from the principle structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.

(c)Commercial or Industrial — used or intended to be used primarily for other than residential purposes.

(d)Dilapidation, Deterioration or Disrepair — shall mean any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.

(e)Exterior — those parts of a structure which are 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.

(f)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.

(g)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.

(h)Residential — used or intended to be used primarily for human habitation.

(i)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.

(j)Weathered — deterioration caused by exposure to the elements.

(k)Yard — the area of the premises not occupied by any structure.

(Code 2004)

8-2a06 Enforcement officer.

The enforcement officer is hereby charged with the administration and enforcement of this article as set forth in 8-202.

(Code 2004)

8-2a07 Enforcement standards.

No person shall be found in violation of this article unless the enforcement officer, after a reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood, (reasonable man standard). Such evidence shall include conditions declared unlawful under section 8-2A08 but shall not include conditions which are not readily visible from any public place or from any surrounding private property.

(Code 2004)

8-2a08 Unlawful acts.

It shall be unlawful for any person to allow to exist on any residential, commercial or industrial 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. For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:

(a)Exterior conditions (yard) shall include, but be limited to, the scattering over or the parking, leaving, depositing or accumulation on the yard of any of the following:

(1)lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;

(2)abandoned motor vehicles; or

(3)furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property.

(4)nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner.

(b)Exterior conditions (structure) shall include, but not be limited to, deteriorated, dilapidated, or unsightly:

(1)exteriors of any structure;

(2)exteriors of any accessory structure; or

(3)fences, walls, or retaining walls.

(Code 2004)

8-2a09 Order of violation.

The Order of Violation shall be issued in accordance with the provisions of 8-205, except that the time of compliance shall be modified as follows.

(a)That the person in violation shall have:

(1)10 days from the date of the mailing of the order to alleviate the exterior conditions (yard) violation; and/or;

(2)45 days from the date of the mailing of the order to alleviate the exterior conditions (structure) violation; or in the alternative to subsections (1) and (2) above,

(3)10 days from the date of the mailing of the order, plus any additional time granted under subsection (c), to request, as provided in section 8-2A12 a hearing before the governing body or its designated representative on the matter; and.

(K.S.A. 12-1617e; Code 2004)

8-2a10 Penalty.

The enforcement officer may file a complaint alleging a violation of this article in addition to or instead of any administrative action to abate the nuisance in conformance with the procedures set forth in 8-207.

(Code 2004)

8-2a11 Abatement.

In addition to, or as an alternative to prosecution as provided in section 8-2A10, the enforcement officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been served pursuant to section 8-2A09 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-2A09, the enforcement officer may request a resolution from the governing body for adoption authorizing the public works director or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution in conformance with the provisions of 8-208.

(Code 2004)

8-2a12 Hearing.

If a hearing is requested within the 10 day period as provided in section 8-2A09 such request shall be made in writing to the City Clerk pursuant to the provisions of 8-209.

(Code 2004)

8-2a13 Appeals.

Any person affected by any determination of the governing body under sections 8-2A11 through 8-2A12 may appeal such determination in the manner provided by K.S.A. 60-2101.

(Code 2004)

8-2a14 Costs assessed.

If the city abates or removes the nuisance pursuant to section 8-2A11, 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 stated 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)

8-2a15 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 2004)

8-2a16 Additional provisions.

The requirements and authority set forth in 8-211 through 8-214 shall apply to this Article as if fully set forth herein.