It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows, K.S.A. 12-1617e:
1. Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal, tree limbs and or brush, 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;
2. All dead animals not removed within 24 hours after death;
3. Any place, structure or substance that emits or causes any offensive, disagreeable or noxious odors;
4. All stagnant ponds, pools or accumulations of water;
5. All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;
6. Abandoned freezers or refrigerators kept on the premises not in actual use must be secured immediately and removed within 24 hours. Freezers or refrigerator placed outside to be used as freezers or refrigerators must be secured;
7. All articles or things whatsoever caused, kept, maintained or permitted by any person that could or do result in the injury, annoyance or inconvenience of the public or of any neighborhood;
8. 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;
9. Any condition providing harbor or breeding space for rats, mice, snakes, mosquitoes or other vermin;
10. Improperly stored appliances, furniture, or other machinery that constitute a hazard to children;
11. Building materials stored outside. However, if a) there is a current building permit for the premises and b) materials are stored at least eighteen inches (18”) off the ground and not closer than forty-eight inches (48”) to a wall or fence (unless the Chief Building Official has approved a lesser distance), and c) the materials will be used within six (6) months, then material storage may be allowed.
12. Any place with any open cellars, open basements, cisterns, wells, ditches, holes or other excavations.
13. Sentence enhancement is appropriate refer to 10-507
The public officer shall make inquiry and inspection of premises upon receiving a complaint that a nuisance exists and describing the same and where located or is informed that a nuisance may exist. The public officer may make any inquiry and inspection when he or she observes conditions that appear to constitute a nuisance. Upon making an inquiry and inspection the public officer shall make a written report of findings.
The public officer, or an authorized assistant, shall notify in writing the owner, occupant or agent in charge of any premises or violation stored on public rights-of-way or parking lots in the city upon which a nuisance exists in violation of this ordinance, by certified mail return receipt or by personal service. Such notice shall include the following:
1. That the owner, occupant or agent in charge of the property is in violation of the city’s nuisance ordinance, with a description of such nuisance(s).
2. That the owner, occupant, or agent in charge of the property is ordered to abate the conditions in violation within ten (10) days from the date of personal service of notice, or three days in addition to the ten days if service is by certified mail return receipt (the three days to begin the day after the date of the letter). In the case where the owner of the nuisance has placed the item(s) on the public property the owner must remove them within 24 hours.
If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice sent pursuant to this section during the preceding twenty-four month period, the public officer may provide notice of the issuance of any further orders to abate or remove a nuisance. Except as specifically provided the public officer may 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. K.S.A. 12-1617e.
3. That the owner, occupant, or agent in charge of the property may request a hearing before the governing body or its designated representative within five (5) days of the receipt of notice. The governing body hereby designates the city manager or his/her designee as its representative for such hearing.
4. Should the person fail to comply with the notice 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 and upon conviction of any violation, be fined in an amount not to exceed one thousand dollars ($1,000) or be imprisoned not to exceed thirty (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.
5. As an alternative to prosecution, when an owner, occupant, or agent in charge of the property neglects or fails to comply with the requirements, the city or its authorized agent, may cause to have the nuisance removed as provided by K.S.A. Supp.8-1102, as amended. The cost of the removal of the nuisance, the cost of providing notice, publication in the official city newspaper, including postage, filing fee, and a $100 administration fee will be assessed against the owner, occupant, or agent in charge of the property.
6. If a nuisance exists that, in the opinion of the public officer, presents an immediate threat or danger to the health, safety, or welfare of any citizen, such nuisance or condition must be abated immediately and in no instance shall remain for more than 24 hours.
7. That the public officer should be contacted if there are any questions regarding the order.
8. Sentence enhancement is appropriate refer to 10-507
1. The public officer, or an authorized assistant, shall give notice to the owner, occupant, or agent in charge of the premises by certified mail of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within thirty (30) days following receipt of notice.
2. If the costs of removal or abatement remain unpaid after thirty (30) days following the receipt of notice, a record of the costs shall be certified to the city clerk. The city may levy a special assessment for such costs to be assessed against the particular lot or piece of land on which such nuisance was so removed as provided by K.S.A. 12-1617e. The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for placing on the tax rolls of the county.
The public officer, and their authorized assistants, employees, contracting agents or other representative are hereby given the right to enter onto private property at reasonable hours to inspect and make inquiry to determine if a nuisance exists or has been abated. If entry is denied, the public officer may seek an order for this purpose from a court of competent jurisdiction. The public officer is not authorized to enter residences or buildings.
It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or their authorized representative from entering upon any such lot or piece of ground or from proceeding with such nuisance removal. Such interference shall constitute a Class B misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $50 nor more than $500, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each separate day or part thereof shall constitute a separate offense.
The City Prosecutor shall have the authority to seek the enhancement of sentences as provided in this Ordinance by following the following procedure:
1. Enhancement is appropriate if the defendant has violated the same or similar Code at least two (2) times in the preceding five (5) years from the date of the charge of the current violation.
2. The City Prosecutor shall file a notice to enhance the sentence prior to the trial or plea in the current case, and shall provide the defendant notice of the enhancement at least 10 days prior to the plea or trial.
3. For each defendant the enhancement shall be as follows: for the first filing the enhancement shall be double the penalty provisions contained in this chapter; for second and subsequent filings for a defendant the enhancement shall be triple the penalties contained in this chapter.
4. Sentence enhancement is appropriate for violations of the following Sections: