CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 3. HEALTH, WEED AND MOTOR VEHICLE NUISANCES

It shall be unlawful for any person to maintain or permit any health nuisance within the City as defined, without limitation, as follows:

(a)   Filth, excrement, lumber, rocks, dirt, cans, paper, metal, trash 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 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;

(t)  Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill, or any icebox or refrigerator not in actual use unless the door, opening or lid thereof is unhinged, or unfastened and removed therefrom;

(g)   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; or

(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.

(Ord. 1252; Code 2014)

It shall be unlawful for any owner, occupant or agent or other person having charge or control of any premises to permit weeds to remain upon such premises or any area between the property lines of such premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private.  All weeds as hereinafter defined are declared to be a nuisance and are subject to abatement.  For purposes of this article the term weeds means any of the following:

(a)   Kudzu (Pueraria lobata), field bind weed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba), Canada Thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense).

(b)   Brush and woody vines;

(c)   Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(d)   Weeds which may bear seeds of a downy or wingy nature;

(e)   Weeds which are located in an area which harbors rats, insects, animals, reptiles , or any other creature which either may or does constitute a menace to health, public safety or welfare;

(f) Weeds and indigenous grasses on or about residential property which, because of its’ height, has a blighting influence on the neighborhood (weeds and indigenous grasses in excess of 12 inches in height being presumed to be blighting).

(Ord. 1252; Code 2014)

(a)   The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the City because they:

(1)   Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

(2)   Are dangerous to person, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;

(3)   Are a ready source of fire and explosion;

(4)   Encourage pilfering and theft;

(5)   Constitute a blighting influence upon the area in which they are located;

(6)   Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.

(b)   As used in this article, unless the context clearly indicates otherwise:

(1)   Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;

(2)   Vehicle means, without limitation, any automobile, truck, tractor or motorcycle, which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(c)   It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the City.

(d)   A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to KS.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of City ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition.  Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable;

(1)   Absence of a current registration plate upon the vehicle;

(2)   Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;

(3)   Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

(e)   The provisions of this Section shall not apply to:

(1)   Any motor vehicle which is enclosed in a garage or other building;

(2)   To the parking or storage of an inoperable vehicle for a period of less than 30 consecutive days; provided, however, that such 30-day period shall not be abated by the moving of any such vehicle to another location where its parking or storage would similarly be a violation of this Section; or

(3)   To any person who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children;

Provided, however, that nothing herein shall be construed to authorize the maintenance of a public nuisance.

(Ord. 1252; Code 2014)

The designated Public Officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating that a nuisance exists in violation of Sections 8-301, 302 or 303 and describing the same and where located, or upon being informed that a nuisance may exist by the chief of police or the fire chief. The Public Officer may make such inquiry and inspection when he or she observes conditions, which appear to constitute such a nuisance condition. Upon making any inquiry and inspection, the Public Officer shall make a written report of findings.

(Ord. 1252; Code 2014)

(a)   Any person found by the Public Safety Officers to be in violation of Sections 8-301, 302 or 303 shall be served a notice of such violation in the form of a door hanger notification or by a letter from the public safety officer. Said person(s) shall have 10 days to correct said violations and provide notification of compliance to the City Clerk’s Office.

(b)   Should failure to complete necessary actions to resolve issues noted in the violation within the 10 days, a notice shall be served upon such person and upon the owner of record of the lot or parcel of ground as to which such conditions exist by certified mail, return receipt requested, or by personal service. If property is unoccupied and the owner is a nonresident, then notice shall be sufficient if mailed to the owner by certified mail, return receipt requested, to last known address of the owner; and, as to any weed notice, such notice shall be published once in the official City newspaper.

(c)   The notice shall state the conditions which are in violation of this article, and shall also inform the person:

(1)   That such person has 10 days from the date of serving the notice to abate the violating conditions or to submit to the City Clerk a written request for a hearing before the Governing Body as provided by Section 8-306;

(2)   That failure within the time allowed to either abate the violating conditions or to request a hearing may result in prosecution as provided by Section 8-306 and/or abatement of the conditions by the City as provided by Section 8-308; and

(3)   That, if the notice is as to a weed nuisance violation, no further notice shall be given during the calendar year as to any subsequent weed nuisance violations as to the described property prior to the City taking action to abate such nuisance conditions.

(d)   Failure to make a timely request for a hearing shall constitute a waiver of any right to contest the findings of the Public Officer.

(e)   After a notice as to a weed nuisance violation under Section 8-302 has been given once during the calendar year to the owner, occupant or agent of premises found to be in violation, it shall not be necessary to give any additional notices to such person or party as to any further violations of the weed nuisance provisions occurring upon such property during the same calendar year before action may be taken on behalf of the City to cut or remove such weeds and to abate on behalf of the City the nuisance created thereby, and to then charge and assess the costs thereof; provided, however, that if there is a change in the record owner of title to the property subsequent to the giving of the original notice the City may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds on such property unless the new record owner of title to such property is provided with an original notice as provided above.

(Ord. 1252; Ord. 1371; Code 2014; Ord. 1391)

The Governing Body may designate an individual or group of individuals to act in its stead at all such hearings required by this article. Further, if a timely request for a hearing is given to the City Clerk as provided in Section 8-305, the hearing shall be held by the Governing Body or it’s Designee/Designees as soon as can be arranged after the filing of the request, and the person requesting the hearing shall be advised of the time and place of the hearing at least five days in advance thereof At any such hearing, any interested party may be represented by counsel, and any interested party and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body or it’s Designee/Designees deem appropriate. Upon conclusion of the hearing, and if the Governing Body or it’s Designee/Designees find that any violating conditions are present, they shall issue written findings and orders specifying the violating conditions found to exist and the amount of time thereafter within which the conditions shall be removed or abated. A copy of the findings and orders shall be served in the same manner as set forth in Section 8-305, except that no publications thereof shall be required.

(Ord. 1252; Code 2014; Ord. 1391)

Should any person fail to either comply with the notice to abate the nuisance or request a hearing, or should any person following a requested hearing fail to comply with any abatement order which then is issued by the Governing Body within the time for abatement as prescribed by the Governing Body, the City Clerk, the chief of police or the Public Officer may file a complaint in the municipal court of the City against such person.  Conviction of any violation of provisions of this article shall be punishable by a fine in an amount not to exceed $100, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment.  Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Ord. 1252; Code 2014)

(a)   In addition to or as an alternative to prosecution as provided in Section 8-307, the Public Officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to Section 8-305 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time period specified, or if following a requested hearing there is a failure to comply with any abatement order which then is issued by the Governing Body within the time for abatement as prescribed by the Governing Body, the Public Officer may proceed to abate the conditions causing the violation .

(b)   Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be as provided by K.S.A. 8-1102, and any amendments thereto.

(Ord. 1252; Code 2014)

If the City abates any nuisance condition pursuant to this article, the cost of abatement and all costs associated with giving notices as prescribed in this article may be assessed against the lot or parcel of ground as to which such nuisance condition existed in the following manner. The City Clerk shall give written notice in the same manner as prescribed in Section 8-305 of the costs of such abatement and the costs of giving notices under these proceedings, including a statement that payment of such costs is due and payable within 30 days following receipt or deemed receipt of such notice.  If such costs are not paid within such time, the City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the costs as provided in this Section. 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 governing body may also direct the collection of such costs against the owners of such lot or parcel of ground on which such nuisances were located in the manner as prescribed in K.S.A. 12- 1,115 and any amendments  thereto.

(Ord. 1252; Code 2014)

Nothing in this article shall affect or impair the rights of the City under the provisions of Chapter 2, Article 12 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

(Ord. 1252; Code 2014)