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 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 at a height of twelve (12) inches or more, not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;

(f)    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;

(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.

(K.S.A. 21-4106:4107; Ord. 838; Code 2012)

The following definitions shall apply in the interpretation and enforcement of this article:

(a)   Debris: Material which is incapable of immediately performing the function for which it was designed including, but not limited to: abandoned, discarded, or unused objections; junk comprised of equipment such as automobiles, boats, and recreation vehicles which are unregistered and missing parts, not complete in appearance and in an obvious state of disrepair; parts of automobiles, furniture, appliances, cans, boxes, scrap metal, tires, batteries, containers, and garbage which are in public view.

(b)   Decay: A wasting or wearing away, a gradual decline in strength, soundness or quality; to become decomposed or rotten.

(c)   Dilapidated: Decayed or rotten beyond repair.

(d)   Mechanical equipment: Any apparatus designed to operate by an internal combustion engine, or designed to be towed by any apparatus propelled by an internal combustion engine.

(e)   Natural field state: Areas where grass, weeds, and brush exist in their natural, unlandscaped state.

(f)    Naturally wooded state: Areas where trees and brush exist in their natural, unlandscaped state.

(g)   Person: Includes any man, woman, corporation, or other legal entity capable of owning real property.

(h)   Premises: A platted lot or part thereof or unplatted lot or parcel of land or plot of land, either occupied or unoccupied by any dwelling or non-dwelling structure and includes any such building, accessory structure or other structure thereon, or any part thereof. The term “premises”, where the context requires, shall be deemed to include any buildings, dwellings, parcels or land or structures contained within the scope of this article.

(i)    Structure: Any building, dwelling, fence, swimming pool, or similarly constructed object.

(Ord. 838; Code 2012)

The governing body shall designate a public officer to be charged with the administration and enforcement of this article.

(Ord. 838; Code 2012)

The enforcing officer shall make inquiry and conduct inspections of property or premises:

(a)   upon receiving a written complaint or complaints signed by an individual stating that a nuisance exists and describing the same and its location;

(b)   upon receiving information that a nuisance may exist from any governmental entity, officer or employee; or

(c)   when it appears to the enforcing officer that conditions constituting a nuisance exist.

The enforcing officer shall, upon making inspection and inquiry, make immediate written report of such officer’s findings in compliance with departmental policy and this code

(Code 2023)

It shall be a violation of this code to deny the public officer 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.

(Ord. 838; Code 2012)

(a)   The enforcing officer shall provide written notice to the owner or lawful agent in charge of any premises in the city upon which a nuisance condition exists in violation of this article. If the property is occupied by a non-owner, such occupant shall also receive notice of the violation. Such notice shall be served upon such owner, occupant or agent in charge by certified mail, return receipt requested, or by personal service, door hangers, conspicuously posting notice of such order on the property, personal notification, communication by telephone, 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 or first class mail, and shall include the following information:

(1)   Specific notice in the form of an administrative order that the property is being maintained in violation of this article.

(2)   An administrative order directing the owner or lawful agent in charge of the property to abate the nuisance condition within five (10) days of the date of the notice, such compliance date to be stated on the face of the notice.

(3)   Notice within the administrative order that the owner, or lawful agent of the owner may appeal the notice by requesting, before the compliance date in a written notice of appeal directed to the city clerk, an administrative hearing as provided for within this Article. A lawful agent may be identified by a valid power of attorney, or other similar legal designation. If the described nuisance has been determined by the compliance officer to represent a menace or immediate danger to the community, such nuisance condition shall be made safe pending the outcome of the administrative hearing. The Code Enforcement Officer shall either approve the temporary safety measures undertaken by the property owner, occupant, or agent in charge, or shall cause the nuisance condition to be made safe.

(4)   Notice within the administrative order that if the nuisance condition is not corrected, the city may proceed to abate such nuisance condition and assess the cost of the abatement, including any reasonable administrative fee as provided within K.S.A. 12-1617e(d) and K.S.A. 12-1,115.

(5)   Notice within the administrative order that an opportunity will be provided for payment of the assessment and, if the assessment is not paid, the city shall cause an amount equal to such assessment to be assessed against the property as a special assessment.

(6)   Notice within the administrative order that no further notice shall be given prior to removal of a nuisance condition upon such property after the five (10) day period provided herein. And,

(7)   Notice within the administrative order that the enforcing officer should be contacted immediately if there are any questions regarding compliance with the administrative order.

(b)   The owner, occupant, or agent in charge of the property shall provide proof to the enforcement officer of the completion of the abatement of the nuisances described within the notice provided pursuant to subsection (a).

(Code 2023)

(a)   In addition to, or in lieu of the administrative process described within 8-105, the enforcing officer is hereby authorized to issue to the owner, occupant or agent in charge of the property a uniform complaint and notice to appear in municipal court charging a violation of the applicable section of this article. Should such owner, occupant or agent in charge of such property contest the charge, the city shall not be precluded from otherwise abating the nuisance created thereby during the pendency of the case through administrative or civil action.

(b)   Any person found guilty, or entering a plea of guilty or nolo contendere to violating any section of this article shall be guilty of a misdemeanor. Each day that any violation of this article continues shall constitute a separate offense and is punishable under this chapter as a separate violation.

(c)   Any person convicted pursuant to this article shall also be assessed court costs and upon conviction of any violation of provisions of section 8-303, be fined in accordance with the fine schedule authorized by K.S.A. 12-4305 in an amount not to exceed $500 and not less than $50 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(d)   In addition to any fines, costs and cleanup fees; any owner who fails to comply with the order of the public officer shall have assessed against him or her an administrative fee of $100, for each order issued.

(Code 2023)

In addition to, or as an alternative to prosecution as provided in section 8-106, the public officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been sent pursuant to section 8-105 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in section 8-105, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution.

The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located. A copy of the resolution shall be served upon the person in violation in one of the following ways:

(a)   Personal service upon the person in violation;

(b)   Service by 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 public 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 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 or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four 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 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 or first class mail.

(Ord. 838; Code 2012)

(a)   If a hearing is requested within the 10 day period as provided in section 8-308, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative. 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 in the matter provided in section 8-107.

(b)   The governing body may appoint a hearing officer for the purpose of conducting the hearing under this section. In that event, all references to governing body in this section shall mean the hearing officer.

(Ord. 838; Code 2012)

If the city abates or removes the nuisance pursuant to section 8-107, 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 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, but only until the full cost and applicable interest has been paid in full.

(Ord. 838; Code 2012)

It shall be unlawful for any person to interfere or attempt to interfere with, or to prevent or attempt to prevent, the enforcing officer and/or the service agent, or any contractor authorized by the City to abate such nuisance, from entering upon any property, or from proceeding with abating any nuisance described in 8-101, or from accomplishing any other lawful purpose of this article. Any person violating this section shall be guilty of a misdemeanor and shall be subject to such fines and penalties as provided for in section 8-106.

(Code 2023)