Title 8 · Health and Safety

Chapter 8.12 Health Nuisances

11 sections

8.12.010. Nuisances unlawful; defined.

(a)It shall be unlawful for any person, or corporation, or entity to maintain or permit any nuisance within the city which consists in doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which act, omission, condition or thing:

(1)Injures or endangers the comfort, repose, health, or safety of others;

(2)Offends decency;

(3)Is offensive to the senses;

(4)Unlawfully interferes with, obstructs, tends to obstruct, or renders dangerous for passage any stream, public park, parkway, square, street, or highway in the municipality;

(5)In any way renders other person insecure in life or the use of property;

(6)Essentially interferes with the comfortable enjoyment of life and property; or

(7)Tends to depreciate the value of the property of others

(Ord. 699; Ord. 987; Code 2021; Ord. 1082)

8.12.015. Responsible party of nuisance defined.

When a nuisance exists upon property and is the outgrowth of the usual, natural or necessary use of the property, the landlord thereof, or his or her agent, the tenant, or the tenant’s agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the Responsible Party thereof and shall be equally liable therefor. Where any such nuisance shall arise from the usual or the unnecessary use to which such property may be put or from business thereon conducted, then the occupants and all other persons contributing to the continuance of such nuisance shall be deemed the Responsible Party thereof.

(Ord. 1082)

8.12.020. Public officer.

The Governing Body shall designate a public officer to be charged with the administration and enforcement of this ordinance.

(Ord. 699; Ord. 987; Code 2021)

8.12.030. Complaints; inquiry and inspection.

The 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 and describing the same and where located or is informed that a nuisance may exist by the board of health, 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 a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings.

(Ord. 699; Ord. 987; Code 2021)

8.12.040. Right of entry.

The public officer has 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. 699; Ord. 987; Code 2021)

8.12.050. Order of violation.

(a)The governing body shall serve upon the legal owner, any agent of the owner, any party in possession of the property, or any other person, corporation, partnership or association found by the public officer to be in violation of Section 8.12.010 an order stating the violation. The order shall be served on the legal owner of the property by certified mail, return receipt requested, or by personal service. The certified mail shall be sent to the owner’s address from the county tax records. The agent of the owner or any party in possession of the property shall also be served a copy of the order of violation by certified mail, return receipt requested, or by personal service.

(b)If the owner or the agent of the owner of the property or any party in physical possession 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, then 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. The governing body of the city may also post a notice in the legal section of the local newspaper.

(Ord. 699; K.S.A. 12-1617e; Ord. 987; Code 2021; Ord. 1082)

8.12.060. Same; contents.

The order shall state:

(a)The common or legal description of the property, or both;

(b)That the property is in violation of this chapter;

(c)A description of the violation that would reasonably allow the owner, occupant, or agent to determine the nature of the violation to allow for self-abatement;

(d)He, she or they shall have 10 days from the receipt of the order to abate the condition(s) in violation of Section 8.12.010; provided, however, that the governing body or its designee shall grant one or more extensions of the 10 day period if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions in violation of Section 8.12.010; or,

(e)He, she or they have 10 days from the receipt of the order, plus any additional time granted under subsection (d), to request a hearing before the governing body or its designated representative of the matter as provided by Section 8.12.090; and

(f)Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 8.12.070 and/or abatement of the condition(s) by the city as provided by Section 8.12.080.

(Ord. 699; Ord. 987; Code 2021)

8.12.070. Failure to comply; penalty.

Should the person, corporation, partnership, or association or other Responsible Party in legal or physical possession of the property fail to comply with the order to abate the nuisance or fail to request a hearing the public officer may file a complaint in the municipal court of the city against such person, corporation, partnership, or association or other Responsible Party. Upon conviction of any violation of the provision of Section 8.12.010, the fine shall be as follows: $250.00 for the first violation. The fine shall increase for subsequent nuisance violations within the same twelve month period. For the second nuisance violation within the same twelve month period, the fine shall be $500.000. For the third and each additional violation, the fine shall be $750.00. The fines shall be in addition to any costs incurred for court costs or any expenses incurred by the City to abate the nuisance.

(Ord. 699; Ord. 987; Code 2021; Ord. 1082)

8.12.080. Abatement.

In addition to, or as an alternative to prosecution as provided in Section 8.12.070, the public officer may seek to remedy violations of this ordinance in the following manner. If a person to whom an order has been served pursuant to Section 8.12.050 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in Section 8.12.060, 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 as provided in Section 8.12.100. 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; or

(b)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.

(Ord. 699; Ord. 987; Code 2021)

8.12.090. Hearing.

If a hearing is requested within the 10 day period as provided in 8.12.060, 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 or its designated representative 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 or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the manner provided in Section 8.12.080.

(Ord. 699; Ord. 987; Code 2021)

8.12.100. Costs assessed.

If the city abates or removes the nuisance pursuant to 8.12.080, 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. 699; Ord. 987; Code 2021)