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

(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; K.S.A. 12-1617e; K.S.A. 12-1617f; Ord. 2004-05; Code 2016)

The Health and Safety Officer shall make inquiry and inspection of premises upon receiving a complaint that a nuisance exists. Said Officer may also make such inquiry and inspection when he or she observes conditions, which appear to constitute a nuisance.

(Ord. 2004-05; Code 2016)

(a)   Whenever necessary to make an inspection of any building, structure or premises to determine if a nuisance exists, or whenever the Health and Safety Officer has cause to believe that there exists therein any condition which endangers the public health, the Health and Safety Officer is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the Health and Safety Officer under this code.

(b)   The authority granted to the Health and Safety Officer by subsection (a) of this section is subject to the following:

(1)   If the building, structure or premises is occupied, the Health and Safety Officer shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.

(2)   If such property is unoccupied, the Health and Safety Officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.

(Ord. 2004-05; Code 2016; Ord. 04-2021)

(a)   Any person, corporation, partnership or association found by the Health and Safety Officer to be in violation of Section 7-201 shall be served a notice of such violation. The notice shall be served by certified mail, postage prepaid, return receipt requested; provided, that if the owner, occupant, agent or other person in charge of possession of the real property is a resident of Marion County, Kansas, the, notice may be personally served by the Health and Safety Officer or a law enforcement officer.

(b)   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 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 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.

(K.S.A. 12-1617e; Ord. 2004-05; Code 2016)

The notice shall state the condition(s) which is (are) in violation of Section 7-201. The notice shall also inform the person, corporation, partnership or association that

(a)   He, she, it or they have twenty (20) days from the date of serving the notice to abate the condition(s) in violation of Section 7-201; or

(b)   He, she, it or they have twenty (20) days from the date of serving the notice to request a hearing before the governing body of the matter as provided by Section 7-208;

(c)   Failure to abate the conditions(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 7-206 and/or abatement of the condition(s) by the City as provided in Section 7-207.

(Ord. 2004-05; Code 2016)

Should the person(s), corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing, the Health and Safety Officer may file a complaint in the municipal court of the city against such person(s), corporation, partnership or association and upon conviction of any violation of provisions of Section 7-201, be fined in an amount not to exceed ONE HUNDRED DOLLARS ($100.00). Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Ord 2004-05; Code 2016)

In addition to, or as an alternative to prosecution as provided in Section 7-206, the Health and Safety 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 7-204 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time period specified in Section 7-205, the Health and Safety Officer may present a resolution to the governing body for adoption authorizing the Health and Safety Officer or other agents of the city to abate the condition(s) causing the violation at the end of thirty (30) 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 as provided in Section 7-209. A copy of the resolution shall be served upon the person in violation in one (1) of the following ways:

(a)   Personal service upon the person in violation;

(b)   Service by certified mail, postage prepaid, 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 Health and Safety 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 newspaper and by posting a copy of the resolution on the premises where such condition exists.

(Ord. 2004-05; Code 2016)

If a hearing is requested within the twenty (20) day period as provided in Section 7-205, 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 Health and Safety Officer before the governing body. 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 of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing, counsel may represent the person, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person(s) in the manner provided in Section 7-207.

(Ord. 2004-05; Code 2016)

If the city abates the nuisance pursuant to Section 7-207, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The City Clerk, at the time of certifying other taxes to 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; or the City may collect all sums expended for abatement of said nuisance as otherwise authorized by law.

(Ord. 2004-05; Code 2016)