CHAPTER VIII: HEALTH AND WELFARE - Smith Center...CHAPTER VIII: HEALTH AND WELFARE Article 1. RESERVED 2. HEALTH NUISANCES 2A. ENVIRONMENTAL CODE 3. JUNKED MOTOR VEHICLES ON PRIVATE

CHAPTER VIII: HEALTH AND WELFARE

Article

1. RESERVED

2. HEALTH NUISANCES

2A. ENVIRONMENTAL CODE

3. JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY

4. WEEDS

5. MINIMUM HOUSING CODE

6. RODENT CONTROL

7. INSURANCE PROCEEDS FUND

8. RELEASES OR THREATENED RELEASES OFMATERIALS

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Smith Center - Health and Welfare2

ARTICLE 1: RESERVED

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ARTICLE 2: HEALTH NUISANCES

Section

8-201 Findings, purpose and intent8-202 Violations8-203 Nuisance prohibited8-204 Inspections and notice8-205 Final actions

§ 8-201 FINDINGS, PURPOSE AND INTENT.

(a) The Council of the city finds that certainconditions as hereinafter defined cause annoyance,inconvenience or damage to the public with respect tothe public’s comfort, health, safety, welfare andenjoyment of property. Pursuant to the authority foundin K.S.A. 12-1617e and K.S.A. 12-1617g, it is thepurpose and intent of the said City Council to defineand proscribe those conditions which are andproperty, or tends to depreciate the value of theproperty of another.

(b) Maintaining a nuisance is, by act or byfailure to perform a legal duty, intentionally causingor permitting a nuisance to exist.

(c) Permitting a nuisance to exist is knowinglypermitting lots, parcels or pieces of real propertyunder the control of the offender, including the streetsand alleys in front of and abutting such lots and piecesof land to be used or allowed to remain in suchcondition as to allow a nuisance condition to exist.

(d) The Inspection Officer shall be the CitySuperintendent or, in the event there is no CitySuperintendent, the Inspection Officer shall be any person or persons designated by the City Council, toinspect properties and report violations of this articleas set forth herein to the City Police.(Ord. 960, passed 12-14-2006)

§ 8-202 VIOLATIONS.

The maintaining or permitting to be or remain onany public or private property of any of the followingconditions is hereby declared to be and constitute anuisance; provided, however, this enumeration shallnot be deemed or construed to be conclusive, limitingor restrictive:

(a) Weeds and obnoxious vegetation when suchgrowths reach 12 inches in height;

(b) Placement, storage or accumulation ofgarbage, rubbish, trash, refuse, junk and othermaterials, metals, plumbing fixtures, appliances, autoparts, junked, wrecked or inoperable vehicles, lumberor other litter and furniture, stuffed furniture, clothingor other household items which creates an unsightlyappearance. This section applies without limitation tohomeowners, renters, landlords, tenants, antiquedealers, contractors, pawnbrokers, plumbers, preciousmetal dealers, secondhand goods dealers or any otherbusiness, whether or not outside storage of items andmaterials is authorized by the zoning ordinances of thecity and whether or not the building, land or propertyis occupied by human beings;

(c) Any condition which provides harborage forrats, mice, snakes and other vermin;

(d) All disagreeable or obnoxious odors andstenches, as well as the conditions, substances or othercauses, which give, rise to the emission or generationof such odors and stenches;

(e) The carcasses of animals or fowl notdisposed of within a reasonable time after death;

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(f) The pollution of any public well or cistern,stream, lake, canal or body of water by sewage, deadanimals, industrial wastes or other substances whichare injurious to overland flow or ground water;

(g) Any building, structure or other place orlocation where any activity which is in violation oflocal, state or federal law is conducted, performed ormaintained;

(h) Any accumulation of stagnant waterpermitted or maintained on any lot or piece of ground.Any open basement or dangerous holes orexcavations, which might pose a threat to human lifeor might possibly cause injury;

(i) Any building where exterior surfaces, otherthan decay resistant surfaces, are not protected fromthe weather, elements and decay by paint or otherprotective covering or treatment; and

(j) Any vacant or unoccupied structure, whichis not secured or is in a condition that, allows accessby any person.(Ord. 960, passed 12-14-2006)

§ 8-203 NUISANCE PROHIBITED.

No person, firm, corporation, partnership orother business entity shall, knowingly orunknowingly, maintain or permit a nuisance to exist.(Ord. 960, passed 12-14-2006)

§ 8-204 INSPECTIONS AND NOTICE.

(a) The designated Inspection Officer, who shallbe named and empowered by the City Council, shallhave the authority and it shall be the officer’s duty toinspect and examine at any and all times all buildings,lots, parcels or pieces of real property within the cityfor the purpose of determining the conditions whichmay affect the public health, safety, welfare as anuisance. If the inspecting officer finds a violation ofthis article, the officer shall cause the City Clerk tosend a notice of violation to the person owning thepremises, or inhabiting the premises, or causing theviolation. Said violation notice may be served:

(1) By delivery of the same to the ownerand/or inhabitant by a law enforcement officer by thesame methods and in the same manner as summonsare served under K.S.A. 60-303(d), and amendmentsthereto;

(2) By the City Clerk using return receiptdelivery by the same methods and in the same manneras summons are served under K.S.A. 60-303(c), andamendments thereto; or

(3) In the event service cannot be effectedby personal service or return receipt delivery, bypublication once in the official city newspaper.

(b) The violation notice shall contain:

(1) An order to abate the nuisance withinten calendar days (unless notice is by publication, inwhich event the period shall be 20 days) of the date ofthe violation notice or date of publication, as the casemay be, unless a hearing before the City Council isrequested, within ten calendar days of the date of theviolation notice or within 20 calendar days of the dateof publication, as the case may be. This request forhearing must be filed in writing in the office of theCity Clerk. A hearing shall be held on such request atthe convenience of the City Council and in no event,more than 30 days following the receipt of the requestfor hearing;

(2) The location of the nuisance, if suchnuisance is stationary;

(3) A description of what constitutes thenuisance; and

(4) A statement of acts necessary to abatethe nuisance.(Ord. 960, passed 12-14-2006)

§ 8-205 FINAL ACTIONS.

(a) If no hearing as aforesaid is requested or ifthe City Council, after a hearing held as requested,finds that a violation has occurred, the City Councilshall order that the violator have up to ten days to

Health Nuisances 7

abate the nuisance and if not abated in that period oftime, the city may enter the property and abate thenuisance. The city shall give notice to the owner oragent of the total cost of such abatement or removalincurred by the city. Such notice also shall state thatpayment of such cost is due and payable within 30days following receipt of such notice.

(b) Such notice of costs shall be given:

(1) By delivery of the same to the owner oragent by a law enforcement officer by the samemethods and in the same manner as summons areserved under K.S.A. 60-303(d), and amendmentsthereto;

(2) By the City Clerk using return receiptdelivery by the same methods and in the same manneras summons are served under K.S.A. 60-303(c) andamendments thereto; or

(3) In the event service cannot be effectedby personal service or return receipt delivery, bypublication once in the official city newspaper.

(c) The city also may recover the cost ofproviding notice, including any postage, required bythis section. If the cost of such removal or abatementand notice is not paid within the 30-day period, thecost shall be collected in the manner provided byK.S.A. 12-1,115, and amendments thereto, or shall beassessed and charged against the lot or parcel ofground on which the nuisance was located. If the costis to be assessed, the City Clerk, at the time ofcertifying other city taxes to the County Clerk, shallcertify such costs, and the County Clerk shall extendthe same on the tax roll of the county against the lot orparcel of ground, and it shall be collected by theCounty Treasurer and paid to the city as other citytaxes are collected and paid.

(d) The city may pursue collection both bylevying a special assessment and in the mannerprovided by K.S.A. 12-1,115, and amendmentsthereto, but only until the full cost and any applicableinterest have been paid in full.(Ord. 960, passed 12-14-2006)


ARTICLE 2A: ENVIRONMENTAL CODE

Section

8-2A01 Title8-2A02 Legislative finding of fact8-2A03 Purpose8-2A04 Rules of construction8-2A05 Definitions8-2A06 Public officer8-2A07 Enforcement standards8-2A08 Unlawful acts8-2A09 Order of violation8-2A10 Penalty8-2A11 Abatement8-2A12 Hearing8-2A13 Appeals8-2A14 Costs assessed8-2A15 Construction

§ 8-2A01 TITLE.

This article shall be known as the “EnvironmentalCode”.

§ 8-2A02 LEGISLATIVE FINDING OF FACT.

The governing body has found that there existswithin the city unsightly and hazardous conditions dueto: dilapidation, deterioration or disrepair of walls,siding, fences or structure exteriors; accumulationsincreasing the hazards of accidents or other calamities;structural defects; uncleanliness; unsightly stored orparked material, equipment, supplies, machinery,vehicles or parts thereof. Such conditions are inimicalto the general welfare of the community in that theyhave a blighting influence on the adjoining properties,the neighborhood and the city, or are injurious to thehealth and safety of the residents of the city. Thegoverning body desires to promote the public health,

safety and welfare by the repair, removal, abatementand regulation of such conditions in the mannerhereafter provided.

§ 8-2A03 PURPOSE.

The purpose of this article is to protect, preserve,upgrade and regulate the environmental quality ofindustrial, commercial and residential neighborhoodsin this city, by outlawing conditions which areinjurious to the health, safety, welfare or aestheticcharacteristics of the neighborhoods and to provide forthe administration and enforcement thereof.

§ 8-2A04 RULES OF CONSTRUCTION.

For the purpose of this article, the following rulesof construction shall apply.

(a) Any part thereof. Whenever the wordspremises, structure, building or yard are used, theyshall be construed as though they were followed bythe words “or any part thereof”.

(b) Gender. Words of gender shall be construedto mean neuter, feminine or masculine, as may beapplicable.

(c) Number. Words of number shall beconstrued to mean singular or plural, as may beapplicable.

(d) Tense. Words of tense shall be construed tomean present or future, as may be applicable.

(e) Shall. The word shall is mandatory and notpermissive.

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§ 8-2A05 DEFINITIONS.

For the purpose of this article, the followingdefinitions shall apply unless the context clearlyindicates or requires a different meaning.

ABANDONED MOTOR VEHICLE. Any motorvehicle that is not currently registered or taggedpursuant to K.S.A. 8-126 to 8-149 inclusive, asamended; or parked in violation of the ordinance; orincapable of moving under its own power; or in ajunked or wrecked condition.

ACCESSORY STRUCTURE. A secondarystructure detached from the principal structure but onthe same premises, including, but not limited to,garages, sheds, barns or outbuildings.

COMMERCIAL or INDUSTRIAL. Used orintended to be used primarily for other than residentialpurposes.

DILAPIDATION, DETERIORATION orDISREPAIR. Any condition characterized by, but notlimited to, holes, breaks, rot, decay, crumbling,cracking, peeling or flaking paint, rusting or otherevidence of physical damage, neglect, lack ofmaintenance, excessive use or weathering.

EXTERIOR. Those parts of a structure that areexposed to the weather or subject to contact with theelements; including, but not limited to, sidings,facings, veneers, masonry, roofs, foundations,porches, screens, shutters, windows, doors or signs.

GARBAGE. Without limitation, anyaccumulation of animal, fruit or vegetable wastematter that results from the handling, preparation,cooking, serving, delivering, storage or use offoodstuffs.

PERSON. Any individual, individuals,corporation, partnership, unincorporated association,other business organization, committee, board,trustee, receiver, agent or other representative whohas charge, care, control or responsibility for

maintenance of any premises, regardless of status asowner, renter, tenant or lessee, whether or not inpossession.

PREMISES. Any lot, plot or parcel of landincluding the structures thereon. PREMISES shallalso mean any lot, plot or parcel of land without anystructures thereon.

REFUSE. Garbage and trash.

RESIDENTIAL. Used or intended to be usedprimarily for human habitation.

STRUCTURE. Anything constructed or erectedwhich requires location on the ground or is attached tosomething having a location on the ground, includingany appurtenances belonging thereto.

TRASH. Combustible waste consisting of, butnot limited to, papers, cartons, boxes, barrels, wood,excelsior, furniture, bedding, rags, leaves, yardtrimmings or tree branches and non-combustible wasteconsisting of, but not limited to, metal, tin, cans,glass, crockery, plastics, mineral matter, ashes,clinkers, or street rubbish and sweepings.

WEATHERED. Deterioration caused byexposure to the elements.

YARD. The area of the premises not occupied byany structure.

§ 8-2A06 PUBLIC OFFICER.

The City Council shall designate a public officerto be charged with the administration and enforcementof this article.

§ 8-2A07 ENFORCEMENT STANDARDS.

No person shall be found in violation of thisarticle unless the public officer, after a reasonableinquiry and inspection of the premises, believes thatconditions exist of a quality and appearance not

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commensurate with the character of the neighborhood.Such belief must be supported by evidence of a levelof maintenance significantly below that of the rest ofthe neighborhood. Such evidence shall includeconditions declared unlawful under § 8-2A08, butshall not include conditions that are not readily visiblefrom any public place or from any surrounding privateproperty.

§ 8-2A08 UNLAWFUL ACTS.

(a) It shall be unlawful for any person to allowto exist on any residential, commercial or industrialpremises, conditions that are injurious to the health,safety or general welfare of the residents of thecommunity or conditions that are detrimental toadjoining property, the neighborhood or the city.

(b) For the purpose of fair and efficientenforcement and administration, such unlawfulconditions shall be classified as follows:

(1) Exterior conditions (yard) shall include,but not be limited to, the scattering over or theparking, leaving, depositing or accumulation on theyard of any of the following:

(A) Lumber, wire, metal, tires,concrete, masonry products, plastic products,supplies, equipment, machinery, auto parts, junk orrefuse;

(B) Abandoned motor vehicles;

(C) Furniture, stoves, refrigerators,televisions, sinks, bicycles, lawn mowers or othersuch items of personal property; or

(D) Nauseous substances, carcasses ofdead animals or places where animals are kept in anoffensive manner.

(2) Exterior conditions (structure) shallinclude, but not be limited to, deteriorated, dilapidatedor unsightly:

(A) Exteriors of any structure;

(B) Exteriors of any accessorystructure; or

(C) Fences, walls or retaining walls.

§ 8-2A09 ORDER OF VIOLATION.

(a) The governing body shall serve upon theowner, any agent of the owner of the property or anyother person, corporation, partnership or associationfound by the public officer to be in violation of§ 8-2A08 an order stating the violation. The ordershall be served on the owner or agent of such propertyby certified mail, return receipt requested, or bypersonal service. If the property is unoccupied and theowner is a nonresident, then by mailing the order bycertified mail, return receipt requested, to the lastknown address of the owner.

(b) If the owner or the agent of the owner of theproperty has failed to accept delivery or otherwisefailed to effectuate receipt of a notice or order sentpursuant to this section during the preceding 24-monthperiod, the governing body of the city may providenotice of the issuance of any further orders to abate orremove a nuisance from such property or providenotice of the order by such methods including, but notlimited to, door hangers, conspicuously posting noticeof such order on the property, personal notification,telephone communication or first class mail. If theproperty is unoccupied and the owner is a nonresident,notice provided by this section shall be given bytelephone communication or first class mail. Theorder shall state:

(1) The condition that has caused theviolation of this article; and

(2) That the person in violation shall have:

(A) Ten days from the receipt of theorder to alleviate the exterior conditions (yard)violation; and/or

(B) Forty-five days from the receipt ofthe order to alleviate the exterior conditions (structure)violation; or


(C) Ten days from the receipt of theorder, plus any additional time granted undersubsection (c) of this section, to request, as providedin § 8-2A12 a hearing before the governing body orits designated representative on the matter.

(c) Provided, however, that the governing body(or its designee named herein) shall grant one or moreextensions to the time periods stated in subsections(b)(2)(A) and (b)(2)(B) above, if the owner or agentof the property demonstrates that due diligence isbeing exercised in the abatement of the conditions thathave caused the violation of this article; and

(d) That failure to alleviate the condition or torequest a hearing may result in prosecution under §8-2A10 and/or abatement of the condition by the cityaccording to § 8-2A11 with the costs assessed againstthe property under § 8-2A14.(K.S.A. 12-1617e)

§ 8-2A10 PENALTY.

The public officer may file a complaint in theMunicipal Court against any person found to be inviolation of § 8-2A08, provided however, that suchperson shall first have been sent an order of violationas provided in § 8-2A09 and that the person hasneither alleviated the conditions causing the allegedviolation nor requested a hearing before the governingbody within the time periods specified in § 8-2A09.Upon such complaint in the Municipal Court, anyperson found to be in violation of § 8-2A08 shall uponconviction be punished by a fine of not less than $50nor more than $100, or by imprisonment, for notmore than 30 days, or by both such fine andimprisonment, for each offense. For the purposes ofthis article, a separate offense shall be deemedcommitted on each day during or on which suchviolation is permitted to exist.

§ 8-2A11 ABATEMENT.

(a) In addition to, or as an alternative toprosecution as provided in § 8-2A10, the publicofficer may seek to remedy violations of this article in

the following manner. If a person to whom an orderhas been served pursuant to § 8-2A09 has neitheralleviated the conditions causing the alleged violationnor requested a hearing before the governing bodywithin the time periods specified in § 8-2A09, thepublic officer may present a resolution to thegoverning body for adoption authorizing the publicofficer or other agents of the city to abate theconditions causing the violation at the end of ten daysafter passage of the resolution. The resolution shallfurther provide that the costs incurred by the city shallbe charged against the lot or parcel of ground onwhich the nuisance was located as provided in §8-2A14.

(b) A copy of the resolution shall be servedupon the person in violation in one of the followingways:

(1) Personal service upon the person inviolation;

(2) Certified mail, return receipt requested;or

(3) In the event the whereabouts of suchperson are unknown and the same cannot beascertained in the exercise of reasonable diligence, anaffidavit to that effect shall be made by the publicofficer and filed with the City Clerk, and the servingof the resolution shall be made by publishing the sameonce each week for two consecutive weeks in theofficial city newspaper and by posting a copy of theresolution on the premises where such conditionexists.

(c) If the owner or the agent of the owner of theproperty has failed to accept delivery or otherwisefailed to effectuate receipt of a notice or order sentpursuant to this section during the preceding 24-monthperiod, the governing body of the city may providenotice of the issuance of any further orders to abate orremove a nuisance from such property or providenotice of the order by such methods including, but notlimited to, door hangers, conspicuously posting noticeof such order on the property, personal notification,

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telephone communication or first-class mail. If theproperty is unoccupied and the owner is a nonresident,notice provided by this section shall be given bytelephone communication or first-class mail.

§ 8-2A12 HEARING.

If a hearing is requested within the ten-day periodas provided in § 8-2A09, such request shall be madein writing to the governing body. Failure to make atimely request for a hearing shall constitute a waiverof the person’s right to contest the findings of thepublic officer. The hearing shall be held by thegoverning body or its designated representative assoon as possible after the filing of the request therefor,and the person shall be advised by the city of the timeand place of the hearing at least five days in advancethereof. At any such hearing, the person may berepresented by counsel, and the person and the citymay introduce such witnesses and evidence as isdeemed necessary and proper by the governing bodyor its designated representative. The hearing need notbe conducted according to the formal rules ofevidence. Upon conclusion of the hearing, the findingsof the governing body or its designated representativeshall be prepared in resolution form, adopted by thegoverning body, and the resolution shall be servedupon the person in the manner provided in § 8-2A11.

§ 8-2A13 APPEALS.

Any person affected by any determination of thegoverning body under §§ 8-2A11 and 8-2A12 mayappeal such determination in the manner provided byK.S.A. 60-2101.

§ 8-2A14 COSTS ASSESSED.

If the city abates or removes the nuisancepursuant to § 8-2A11, the city shall give notice to theowner or his or her agent by certified mail, returnreceipt requested, of the total cost of the abatement orremoval incurred by the city. The notice shall alsostate that the payment is due within 30 days followingreceipt of the notice. The city also may recover thecost of providing notice, including any postage,

required by this section. The notice shall also statethat if the cost of the removal or abatement is not paidwithin the 30-day period, the cost of the abatement orremoval shall be collected in the manner provided byK.S.A. 12-1,115, and amendments thereto, or shall beassessed as special assessments and charged againstthe lot or parcel of land on which the nuisance waslocated and the City Clerk, at the time of certifyingother city taxes, shall certify the unpaid portion of thecosts and the County Clerk shall extend the same onthe tax rolls of the county against such lot or parcel ofland and it shall be collected by the County Treasurerand paid to the city as other city taxes are collectedand paid. The city may pursue collection both bylevying a special assessment and in the mannerprovided by K.S.A. 12-1,115, and amendmentsthereto, but only until the full cost and applicableinterest has been paid in full.

§ 8-2A15 CONSTRUCTION.

Nothing in this article shall be construed toabrogate or impair the powers of the courts or of anydepartment of the city to enforce any provisions of itslaws nor to prevent or punish violations thereof. Thepowers conferred by this article shall be in addition toand supplemental to the powers conferred by the StateConstitution, by any other law or by ordinance.


ARTICLE 3: JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY

Section

8-301 Unlawful placement, storage ordeposit

8-302 Definitions8-303 Presumption of inoperability or

abandonment8-304 Declaration of nuisance8-305 Penalty

§ 8-301 UNLAWFUL PLACEMENT,STORAGE OR DEPOSIT.

It shall be unlawful for any person, or suchperson's agent, either as owner, lessee, tenant oroccupant of any real property within the city to park,store or deposit or permit to be parked, stored ordeposited thereon for longer than 30 days aninoperable and/or abandoned vehicle or piece ofequipment unless the inoperable vehicle and/orequipment is enclosed in a garage or other building, oris completely screened from view by an appropriatefence of not less than six feet in height, which fenceshall be neat, of solid neutral color, well maintained,and compatible to the area in which it is located and isconstructed in compliance with the zoning ordinancesfor the city. Unless said vehicle or equipment isenclosed in a garage or other building, the grass andweeds surrounding said vehicle or equipment shall bemowed to a height of not more than six inches.Nothing contained in this provision shall permit a useof premises inconsistent with the zoning ordinance ofthe city; provided, however, that, nothing in thissection shall be applied or construed to authorize themaintenance of a public nuisance.(Ord. 978, passed 8-13-2009)

§ 8-302 DEFINITIONS.

For the purpose of this article, the followingdefinitions apply unless the context clearly indicates orrequires a different meaning.

EQUIPMENT. Any item of tangible personalproperty intended to be operated in conjunction witha motorized vehicle, including, but not being limitedto, agricultural equipment, construction equipment,dirt-moving equipment and trailers.

INOPERABLE. A condition of being junked,wrecked, wholly or partially dismantled, discarded orunable to perform the functions or purposes for whichit was originally constructed, or for which it wasoriginally constructed, or for which it may have beensubsequently modified.

VEHICLE. Any automobile, truck, tractor,aircraft or motorcycle, or motorized wheeled vehiclewhich as originally built, contained an engine, or wasdesigned to contain an engine, regardless of whetherit contains an engine at any other time.(Ord. 978, passed 8-13-2009)

§ 8-303 PRESUMPTION OF INOPERABILITYOR ABANDONMENT.

Any one of the following conditions shall raise apresumption that such vehicle and/or equipment isinoperable and/or abandoned:

(a) For all vehicles and equipment originallydesigned for operation on streets and highways, theabsence of an effective and current registration plateupon such vehicle or piece of equipment;

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(b) Placement of the vehicle and/or equipmentor parts thereof, upon jacks, blocks, chains or othersupports;

(c) Absence of one or more parts of the vehiclenecessary for the lawful operation of the vehicle uponthe streets and highways; and

(d) The inability of the equipment toimmediately perform the functions for which it wasdesigned and for the capability of the equipment to bemoved from the premises within five minutes' time atany given time by the same means in which theequipment was intended to be operated.(Ord. 978, passed 8-13-2009)

§ 8-304 DECLARATION OF NUISANCE.

Any inoperable vehicle or piece of equipmentparked, stored or deposited in a manner other thanthat permitted under this article is hereby declared anuisance and may be abated under the same authorityand procedure for the abatement of nuisances as setforth by state statutes.(Ord. 978, passed 8-13-2009)

§ 8-305 PENALTY.

(a) A law enforcement officer of the city shallinitially determine whether a vehicle or item ofequipment is parked, stored or deposited in violationof this article, and upon making such determination,the law officer may issue a citation for such violationto the owner of said vehicle or equipment, or to suchother person(s) as are responsible for parking, storingor depositing the same, directing them to appear inMunicipal Court to answer for such violation. Theguilt or innocence of the accused shall be determinedin the same manner and under the same procedure asany other alleged violation of the ordinances of thecity.

(b) (1) Any person(s) found guilty of violatingthe provisions of this article shall be guilty of amisdemeanor and shall be fined not less than $50 ormore than $500.

(2) Upon a conviction for violation of thearticle, the Court shall order the defendant(s) to eitherremove said vehicle or equipment from the city, or tocause the same to be stored in compliance with therequirements of this article, within a specified timefrom the date of conviction, but not to exceed ten daysunless the Court finds there are extraordinarycircumstances requiring a longer period. Failure of thedefendant(s) to timely comply with such order shallconstitute a new and separate violation of thisordinance for every day following the date set for suchremoval or proper storage, subjecting defendant(s) toseparate fines for each such violation. Upon suchconviction and failure to comply with such order, theCourt may further enter an order permitting the city toremove said vehicle or equipment from the city. Thedefendant(s) shall be responsible for all of theexpenses of such removal by the city, which may becollected by the city as any other debt.(Ord. 978, passed 8-13-2009)

ARTICLE 4: WEEDS

Section

8-401 Weeds to be removed8-402 Definitions8-403 Public officer; notice to remove8-404 Abatement; assessment of costs

required8-405 Right of entry8-406 Unlawful interference8-407 Noxious weeds

§ 8-401 WEEDS TO BE REMOVED.

It shall be unlawful for any owner, agent, lessee,tenant or other persons occupying or having charge orcontrol of any premises to permit weeds or grass inexcess of 12 inches in height to remain upon saidpremises or any area between the property lines ofsaid premises and the centerline of any adjacent streetor alley, including, but not specifically limited to,sidewalks, streets, alleys, easements, rights-of-wayand all other areas, public or private. The vegetationhereinafter described is hereby declared a nuisanceand is subject to abatement as hereinafter provided.(Ord. 956, passed 6-8-2006)



CALENDAR YEAR. The period of timebeginning January 1 and ending December 31, of thesame year.

WEEDS AND PROHIBITED VEGETATION.Any of the following:

(1) Brush and woody vines shall beclassified as weeds;

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

(3) Weeds shall bear or may bear seeds ofa down or winged nature;

(4) Weeds which are located in an areawhich harbors rats, insects, reptiles or any othercreature which either may or does constitute a menaceto health, public safety or welfare; and

(5) Weeds and/or grasses on or aboutresidential property which, because of its height, hasa blighting influence on the neighborhood. Any suchweeds and/or grasses shall be presumed to beblighting if they exceed 20 inches in height.(Ord. 956, passed 6-8-2006)

§ 8-403 PUBLIC OFFICER; NOTICE TOREMOVE.

(a) (1) The City Clerk shall be the publicofficer charged with the administration andenforcement of this article.

(2) The City Clerk shall notify in writing,by restricted mail or personal service, the owner,occupant or agent in charge of any premises in the cityupon which vegetation exists in violation of thisarticle, once per calendar year.

(3) If the owner is unknown, a non-residentof the city and there is no resident agent, notice maybe published once in the official city newspaper.

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(b) Such notice shall include the following:

(1) The owner, occupant or agent in chargeof the property is in violation of the city’s weed andvegetation control law;

(2) The owner, occupant or agent in chargeof the property is ordered to cut such vegetationwithin five days of the receipt of notice, or within tendays if notice is given by publication;

(3) The owner, occupant or agent in chargeof the property may request a hearing before thegoverning body or its designated representativeswithin five days of the receipt of notice;

(4) If the owner, occupant or agent incharge of the property does not cut such vegetationwithin five days following receipt of notice or withinten days of publication, the city or its authorized agentwill cut the vegetation and assess the cost of thecutting, including a reasonable administrative fee,against the owner, occupant or agent in charge of theproperty;

(5) The owner, occupant or agent in chargeof the property will be given an opportunity to pay theassessment and, if it is not paid, it will be added to theproperty tax as a special assessment;

(6) No further notice shall be given prior toremoval of vegetation during the current calendaryear; and

(7) The public officer shall be contacted ifthere are any questions regarding the order.

(c) If there is a change in the record owner oftitle to property subsequent to the giving of noticepursuant to this division (c), the city may not recoverany costs or levy an assessment for the costs incurredby the cutting or destruction of vegetation on suchproperty unless the new record owner of title to suchproperty is provided notice as required by this section.(Ord. 956, passed 6-8-2006)

§ 8-404 ABATEMENT; ASSESSMENT OFCOSTS REQUIRED.

(a) Upon the expiration of five days after thereceipt of the notice or ten days following publication,if publication notice is given, and in the event that theowner, occupant or agent in charge of the premisesshall neglect or fail to comply with the requirementsof § 8-401, the City Clerk or an authorized assistantshall cause to be cut, destroyed and/or removed allsuch vegetation, and abate the nuisance createdthereby at any time or times during the currentcalendar year.

(b) The public officer or an authorized assistantshall give notice to the owner, occupant or agent incharge of the premises by restricted mail of the costsof abatement of the nuisance. The notice shall statethat payment of the costs is due and payable within 30days following receipt of the notice of payment due.

(c) If the costs of removal or abatement remainunpaid after 30 days following receipt of notice, arecord of the costs of cutting and destruction and/orremoval shall be certified to the City Clerk who shallcause such costs to be assessed against the particularlot or piece of land on which such vegetation was soremoved, and against such lots or pieces of land infront of or abutting on such street or alley on whichsuch weeds were so removed, as provided in K.S.A.12-1617f and amendments thereto. The City Clerkshall certify the assessment to the County Clerk at thetime other special assessments are certified forspreading on the tax rolls of the county.

(d) In addition to, or as an alternative to,assessment of such costs of removal or abatementagainst the property, the city may collect such costsand interest thereon from the owner as provided inK.S.A. 12-1,115 and amendments thereto.(Ord. 956, passed 6-8-2006)

§ 8-405 RIGHT OF ENTRY.

The City Clerk and the City Clerk’s authorizedassistants, employees, contracting agents or other

Weeds 19

representatives are hereby expressly authorized toenter upon private property at all reasonable hours forthe purpose of cutting, destroying and/or removingsuch vegetation in a manner not inconsistent with thisarticle.(Ord. 956, passed 6-8-2006)

§ 8-406 UNLAWFUL INTERFERENCE.

It shall be unlawful for any person to interferewith or attempt to prevent the City Clerk or the CityClerk’s authorized representative from entering uponany such lot or piece of ground or from proceedingwith such cutting and destruction. Such interferenceshall constitute an ordinance violation.(Ord. 956, passed 6-8-2006)

§ 8-407 NOXIOUS WEEDS.

(a) Nothing in this article shall affect or impairthe rights of the city under the provision of K.S.A.Ch. 2, Art. 13, relating to the control and eradicationof certain noxious weeds.

(b) For the purpose of this section, the termNOXIOUS WEEDS shall mean kudzu (Puerarialobata), field bindweed (Convoivuius arvensis),Russian knapweed (Centaurea picris), hoary cress(Lepidium draba), Canada thistle (Cirsium arvense),quackgrass (Agopyron repens), leafy spurge(Euphorbia esula), burragweed (Franseria tomentosaand discolor), pignut (Hoffmannseggia densiflora),musk (nodding) thistle (Carduus nutans L), andJohnson grass (Sorghum halepense).(Ord. 956, passed 6-8-2006)


ARTICLE 5: MINIMUM HOUSING CODE

Section

8-501 Title8-502 General8-503 Declaration of policy8-504 Definitions8-505 Duty of occupant or owner of

occupied or unoccupied building andits premises or vacant premises

8-506 Regulations for the use and occupancyof dwellings

8-507 Maintenance and repair; dwellings8-508 Designation of unfit dwellings8-509 Designation of blighted premises

(residential and nonresidential)8-510 Designation of blighted buildings and

premises (nonresidential)8-511 Inspection of buildings, structures and

premises8-512 Notice of violations; procedures8-513 Public officer; authority8-514 Governing body; authority8-515 Order to correct and/or repair,

remove or demolish8-516 Demolition by public officer;

procedure and costs8-517 Conflict of laws; effect or partial

invalidity8-518 Governing body; appeals8-519 Right of petition

§ 8-501 TITLE.

This article shall be known as the “MinimumStandard for Housing and Premises Code”, and willbe referred to herein as “this code”.

§ 8-502 GENERAL.

Buildings used in whole or in part as a home orresidence of a single family or person and everybuilding used in whole or in part as a home orresidence of two or more persons or families living inseparate apartments and all premises, either residentialor nonresidential, shall conform to the requirements ofthis code.

§ 8-503 DECLARATION OF POLICY.

The governing body declares the purpose of thiscode is to protect, preserve and promote the physicaland mental health of the people; investigate andcontrol communicable diseases; regulate privately- andpublicly-owned structures or dwellings and allpremises for the purpose of sanitation, public healthand general appearance; protect the safety of thepeople; and promote the general welfare by legislationthat shall be applicable to all dwellings, structures andpremises now in existence or hereafter constructed ordeveloped and which legislation:

(a) Establishes minimum standards for basicequipment and facilities for light, ventilation andheating, for safety from fire, for the use and locationand amount of space for human occupancy, and forsafe and sanitary maintenance;

(b) Establishes standards concerning unsightlyand blighted buildings and premises, both residentialand nonresidential structures;

(c) Determines the responsibilities of owners,operators and occupants; and

21


(d) Provides for the administration andenforcement thereof.


For the purpose of this article, the followingdefinitions shall apply unless the context clearlyindicates or requires a different meaning. Thefollowing definitions shall apply to the enforcement ofthis code.

BASEMENT. A portion of a building locatedpartly underground, but having less than half its clearfloor-to-ceiling height below the average grade of theadjoining ground.

CELLAR. A portion of a building located partlyor wholly underground, and having half or more thanhalf of its clear floor-to-ceiling height below theaverage grade of the adjoining ground.

DWELLING. Any building that is wholly orpartly used or intended to be used for living orsleeping by human occupants; provided, thattemporary housing hereinafter defined shall not beregarded as a DWELLING.

DWELLING UNIT. Any room or group ofrooms located within a dwelling and forming a singlehabitable unit with facilities that are used, or intendedto be used for living, sleeping, cooking and eating.

HABITABLE DWELLING. Any structure orpart thereof that shall be used as a home or place ofabode by one or more persons.

HABITABLE ROOM. A room designed to beused for living, sleeping, eating or cooking purposes,excluding bathrooms, toilet rooms, closets, halls andstorage places, or other similar places, not used bypersons for extended periods.

INFESTATION. The presence, within or arounda dwelling, of insects, rodents or other pests.

MULTIPLE DWELLING. Any dwellingcontaining more than two dwelling units.

OCCUPANT. Any person, over one year of age,living, sleeping, cooking or eating in, or having actualpossession of, a dwelling unit or rooming unit.

OPERATOR. Any person who has charge, care,owns or has control of a premises or of a building orstructure or part thereof, in which dwelling units orrooming units are let.

OWNER. Any person, firm or corporation, whojointly or severally along with others, shall be inactual possession of, or have charge, care and controlof any structure or dwelling unit or premises withinthe city as owner, employee or agent of the owner, oras trustee or guardian of the estate or person of thetitle holder, and such person shall be deemed andtaken to be the owner or owner of such propertywithin the true intent and meaning of this code andshall be bound to comply with the provisions of thisarticle to the same extent as the record owner andnotice to any such person shall be deemed and takento be a good and sufficient notice as if such person orpersons were actually the record owner or owner ofsuch property.

PERSON. Includes any individual, firm,corporation, association or partnership.

PLUMBING. Includes all of the followingsupplied facilities and equipment: gas or fuel pipes;gas or fuel burning equipment; water pipes; garbagedisposal units; waste pipes; water closets; sinks;installed dishwashers; lavatories; bathtubs; showerbaths; installed clothes-washing machines; catchbasins; drains; vents; and any other similar suppliedfixtures, together with all connections to water, sewer,gas or fuel lines.

PREMISES. Any lot or land area, eitherresidential or nonresidential, not covered by astructure and which is subject to a city tax in part orin whole.

PUBLIC OFFICER. The person designated bythe City Council.

Minimum Housing Code 23

ROOMING HOUSE. Any dwelling, or that partof a dwelling containing one or more rooming units inwhich space is let by the owner or operator to three ormore persons who are not husband and wife, son ordaughter, mother or father, or sister or brother of theowner or operator.

ROOMING UNIT. Any room or group of roomsforming a single habitable unit used or intended to beused for living and sleeping, but not for cooking oreating purposes.

REFUSE. For the purpose of this article,REFUSE shall include garbage and trash.

(1) GARBAGE. Any accumulation ofanimal, fruit or vegetable waste matter that attends thepreparation of, use of, cooking of, delivering of, orstorage of meats, fish, fowl, fruit or vegetable.

(2) TRASH (COMBUSTIBLE). For thepurpose of this article, COMBUSTIBLE TRASH shallmean waste consisting of papers, cartons, boxes,barrels, wood and excelsior, tree branches, yardtrimmings, wood furniture, bedding and leaves, orany other combustible materials.

(3) TRASH (NON-COMBUSTIBLE). Forthe purpose of this article, NON-COMBUSTIBLETRASH shall mean waste consisting of metals, tincans, glass, crockery, other mineral refuse and ashesand street rubbish and sweepings, dirt, sand, concretescrap or any other non-combustible material.

STRUCTURE. Anything constructed or erectedon the ground or attached to something having alocation on the ground.

SUPPLIED. Paid for, furnished or provided byor under the control of, the owner or operator.

TEMPORARY HOUSING. Any tent, trailer orother structure used for human shelter that is designedto be transportable and that is not attached to theground, house or building or another structure, or toany utilities system on the same premises for more

than 30 consecutive days, except when located in amobile home court duly licensed under laws of thecity.

WORDS, MEANINGS. Whenever the words“dwelling”, “dwelling unit”, “rooming house”,“rooming unit”, “premises” are used in this article,they shall be construed as though they were followedby the words “or any part thereof”.

§ 8-505 DUTY OF OCCUPANT OR OWNEROF OCCUPIED OR UNOCCUPIED BUILDINGAND ITS PREMISES OR VACANT PREMISES.

(a) It shall be the duty of the owner of everyoccupied or unoccupied dwelling, building andpremises, or vacant premises, including all yards,lawns and courts to keep such property clean and freefrom any accumulation of filth, rubbish, garbage orany similar matter as covered by §§ 8-508 and 8-509.

(b) It shall be the duty of each occupant of adwelling unit to keep in clean condition the portion ofthe property that he or she occupies and of which heor she has exclusive control, to comply with the rulesand regulations, and to place all garbage and refuse inproper containers. Where care of the premises is notthe responsibility of the occupant, then the owner isresponsible for violations of this code applicable to thepremises.

(c) If receptacles are not provided by the owner,then the occupant shall provide receptacles as may benecessary to contain all garbage and trash.

(d) Every occupant of a dwelling containing asingle-dwelling unit shall be responsible for theextermination of any insects, rodents or other peststherein or on the premises; and every occupant of adwelling unit in a dwelling containing more than onedwelling unit shall be responsible for suchextermination whenever his or her dwelling unit is theunit primarily infested.

(e) Notwithstanding the foregoing provisions ofthis section, whenever infestation is caused by failure


of the owner to maintain a dwelling in a vermin-proofor reasonable insect-proof condition, exterminationshall be the responsibility of the owner and operator.

(f) Whenever infestation exists in two or moreof the dwelling units in any dwelling, or in the sharedor public parts of any dwelling containing two or moredwelling units, extermination thereof shall be theresponsibility of the owner.

§ 8-506 REGULATIONS FOR THE USE ANDOCCUPANCY OF DWELLINGS.

(a) No person shall occupy as owner-occupantor let to another for occupancy any dwelling ordwelling unit for the purpose of living, sleeping,cooking or eating therein, that does not comply withthe following requirements.

(b) The following requirements are herebydeclared essential to the health and safety of theoccupants of such dwelling or dwelling unit.

(1) Attached garages or non-dwellingareas. All non-dwelling occupancies shall be separatedfrom the dwelling unit by a fire-resistant wall and ifthe dwelling and garage are covered by a common orconnecting roof, then the ceiling also must have a fireresistance rating of not less than one hour as definedin the Building Code.

(2) Basement or cellar. The basement orcellar of any dwelling shall be reasonably dry andventilated and shall be kept free from rubbishaccumulation.

(3) Basement dwelling units. The use ofbasements or cellars for dwelling units is prohibitedunless they comply with division (b)(18) belowgoverning ventilation, provided however, if occupiedat the time of the passage of this code and if itcomplies with all other provisions of this code, thepublic officer may approve less than the requiredwindows, if in his or her opinion, the window area isnot detrimental to the occupants.

(4) Bathing facilities. Every dwelling unitshall contain within a room which affords privacy toa person in the room, a bathtub or shower in goodworking condition and properly connected to anapproved water and sewer system.

(5) Boarding and rooming houses. No roomshall be used for sleeping purposes unless the ceilingheight is at least seven feet and there are at least 400cubic feet of air space for each occupant over sixyears of age. For sleeping rooms with slopingceilings, the ceiling height shall be at least seven feetover at least 50% of the floor area.

(A) Bathing facilities shall be providedin the form of a tub or shower for each eightoccupants. Separate facilities shall be provided foreach sex and plainly marked.

(B) A flush water closet shall beprovided for each six occupants and shall be separatedwith the separate access from bathing facilities if morethan four occupants are served by each. Separatefacilities shall be provided for each sex and shall beplainly marked.

(6) Drainage. All courts, yards or otherareas on the premises of any dwelling shall be sograded and drained that there is no pooling of thewater thereon. Properly constructed wading andswimming pools and fish ponds are excepted from thissection.

(7) Entrances.

(A) There shall be for each dwellingunit a normally used separate access either to ahallway, stairway or street that is safe and in goodrepair.

(B) A secondary exit to the groundshall be available in case of fire through windows,porch roofs, ladders or any combination that is free ofhazard or egress.


(8) Floor area. Every dwelling unit shallcontain at least 150 square feet of floor space for thefirst occupant thereof and at least 100 additionalsquare feet of floor space for every additionaloccupant thereof. The floor space shall be calculatedon the basis of total habitable room area, insidemeasurements. No floor space shall be included indetermining habitable room area over which theceiling is less than seven feet above the floor for thepurpose of this division (b)(8).

(9) Garbage and trash receptacles. Everydwelling and every dwelling unit shall be providedwith such receptacles, not exceeding 32-galloncapacity, as may be necessary to contain all garbageand trash and such receptacles shall at all times bemaintained in good repair.

(10) Heating. Every dwelling and everydwelling unit shall be so constructed, insulated andmaintained and be provided by owner or occupantwith heating units so that it is capable of reaching anair temperature of 70°F under ordinary winterconditions. The chimney of the dwelling or dwellingunit shall be maintained in good order and the ownerof the approved heating equipment shall maintain it ingood order and repair.

(11) Kitchen sink. In every dwelling unitcontaining two or more rooms, there shall be at leastone kitchen sink with public water under pressure andconnected to the public sewer, or if that sewer systemis not available, to a sewage disposal system approvedby the City Health Department.

(12) Lavatory facilities. Every dwelling unitshall contain within its walls a lavatory basin in goodworking condition and properly connected to anapproved water and sewer system and located in thesame room as the required flush water closet or asnear to the room as practicable.

(13) Lighting. Every habitable room shallhave a ceiling electric outlet and a duplex outlet inwall or floor, or at least two wall or floor outlets.

(14) Lighting of toilets and bathrooms.Every toilet and every bathroom in every dwellingshall have at least one electric light in either theceiling or on the wall.

(15) Plumbing. All plumbing, water closetsand other plumbing fixtures in every dwelling ordwelling unit shall be maintained in good workingorder.

(16) Privies. All pit privies, privy vaults,“dry hopper” sewer-connected privies and frost-proofclosets are hereby declared to be a public nuisance.

(17) Toilet facilities. There shall be at leastone flush water closet in good working condition foreach dwelling unit, which flush water closet shall belocated within the dwelling and in a room that affordsprivacy.

(18) Ventilation. Every habitable room in adwelling or dwelling unit shall contain a window orwindows openable directly to the outside air and thetotal area of such window or windows shall be not lessthan 5% of the floor area of such room. An approvedsystem of mechanical ventilation or air conditioningmay be used in lieu of openable windows. Suchsystem shall be capable of providing not less than fourair changes per hour, except that in toiletcompartments such system shall provide a completeair change every five minutes and be automatically putin operation when the toilet compartment light is in the“on” position.

(19) Water heating facilities. Every dwellingshall have supplied water heating facilities that areinstalled in an approved manner and are maintainedand operated in a safe and good working condition andare properly connected with the hot water lines to thekitchen sink, lavatory and bathtub or shower.

(20) Windows and doors. Every window andexterior door shall be reasonably weather-tight,lockable and rodent-proof and shall be kept in goodworking condition and good repair.


§ 8-507 MAINTENANCE AND REPAIR;DWELLINGS.

Every dwelling and every part thereof shall bemaintained in good repair by the owner or agent andbe fit for human habitation. The roof shall bemaintained so as not to leak and all rainwater shall bedrained therefrom so as not to cause dampness in thewalls or ceilings. All floors, stairways, doors,porches, windows, skylights, chimneys, toilets, sinks,walls and ceilings shall be kept in good repair andusable condition.

§ 8-508 DESIGNATION OF UNFITDWELLINGS.

The designation of dwellings or dwelling units asunfit for human habitation and placarding of such unfitdwellings or dwelling units shall be carried out incompliance with the following requirements.

(a) Existence of conditions. The public officermay determine, or five citizens may petition inwriting, that any dwelling unit is unfit for human useor habitation if he, she or they find that conditionsexist in such structure that are dangerous or injuriousto the health, safety or morals of the occupants of suchbuildings or other residents of the neighborhood, orwhich shall have a blighting influence on properties inthe area.

(b) Conditions generally. Such conditions mayinclude the following without limitation:

(1) Defects therein increasing the hazardsof fire, accident or other calamities.

(2) Lack of:

(A) Adequate ventilation;

(B) Light;

(C) Cleanliness; and

(D) Sanitary facilities.

(3) Dilapidation;

(4) Disrepair;

(5) Structural defects;

(6) Overcrowding;

(7) Inadequate ingress and egress;

(8) Unsightly appearance that constitute ablight to the adjoining property, the neighborhood orthe city; and

(9) Air pollution.

(c) Placarding; order to vacate. Any dwellingor dwelling unit condemned as unfit for humanhabitation, and so designated and placarded by thepublic officer, shall be vacated within a reasonabletime as so ordered.

(d) Notice of violation. Procedures as outlined in§ 8-512 are applicable hereto.

(e) Compliance required before re-occupancy.No dwelling or dwelling unit that has been condemnedand placarded as unfit for human habitation shall againbe used for human habitation until written approval issecured from, and such placard is removed by thepublic officer.

(1) The public officer shall remove suchplacard whenever the defect or defects upon which thecondemnation and placarding action were based havebeen eliminated.

(2) It shall be unlawful for anyone to let,lease, occupy or permit the occupancy, whether for aconsideration or not, of any dwelling so posted andany violation of this provision shall constitute a publicoffense within the meaning of this code.

(3) It shall be unlawful for any person todeface or remove the placard from any dwelling ordwelling unit that has been condemned as unfit for


human habitation and placarded as such, except thepublic officer as herein provided, and any violation ofthis provision shall constitute a public offense withinthe meaning of this code.

§ 8-509 DESIGNATION OF BLIGHTEDPREMISES (RESIDENTIAL ANDNONRESIDENTIAL).

The designation of unsightly and blightedpremises and elimination thereof shall be carried outin compliance with the following requirements.

(a) Public officer determinations. The publicofficer may determine, or five citizens may petition inwriting, that if the appearance of a premises is notcommensurate with the character of the properties inthe neighborhood or otherwise constitutes a blight tothe adjoining property or the neighborhood or the cityfor such reasons as, but not limited to:

(1) Dead trees or other unsightly naturalgrowth;

(2) Unsightly stored or parked material,equipment, supplies, machinery, trucks or automobilesor parts thereof; vermin infestation, inadequatedrainage; and

(3) Violation of any other law orregulations relating to the use of land and the use andoccupancy of the buildings and improvements.

(b) Notice of violation. Procedures as outlined in§ 8-512 are applicable hereto.

§ 8-510 DESIGNATION OF BLIGHTEDBUILDINGS AND PREMISES(NONRESIDENTIAL).

(a) Certain blighted conditions. Certain blightedconditions covered in §§ 8-508 and 8-509 concerningbuildings and premises that are on the tax roll of thecity are applicable to all nonresidential buildings andpremises.

(b) Notice of violation. Procedures ofnotification shall follow those prescribed in § 8-512.

§ 8-511 INSPECTION OF BUILDINGS,STRUCTURES AND PREMISES.

(a) For the purpose of determining compliancewith the provisions of this code, the public officer orhis or her authorized representative is herebyauthorized to make inspections to determine thecondition, use and occupancy of dwellings, dwellingunits, rooming units and the premises upon which thesame are located. This requirement is applicable toexisting dwellings or buildings.

(b) The public officer is not limited by theconditions in division (a) above where newconstruction or vacant premises are involved and maymake such inspections at any appropriate time.

(c) The owner, operator and occupant of everydwelling, dwelling unit and rooming unit shall give thepublic officer, or his or her authorized representative,during reasonable hours, free access to such dwelling,dwelling unit and rooming unit, and its premises, forthe purpose of such inspection, examination andsurvey after identification by proper credentials.

(d) Every occupant of a dwelling shall give theowner thereof, or his or her authorized agent oremployee, access to any part of such dwelling, or itspremises, at all reasonable times, for the purpose ofmaking such repairs or alterations as are necessary toeffect compliance with the provisions of this code orwith any rule or regulation adopted and promulgated,or any order issued pursuant to the provisions of thiscode.

§ 8-512 NOTICE OF VIOLATIONS;PROCEDURES.

(a) Informal discussion. Whenever the publicofficer or his or her authorized representativedetermines that there has been a violation of anyprovision of this code, the public officer will arrange


with the alleged violator for an informal discussion ofviolations, and whether repair and correction isjustified.

(b) Formal hearing. If a satisfactory solution tothe violations either by correction, demolition orremoval is not forthcoming, then a legal notice of aformal hearing will be issued according to thefollowing procedures:

(1) Shall be in writing;

(2) Shall list the violations alleged to existor to have been committed;

(3) Shall provide a reasonable time, but notless than 30 days in any event for the correction of theviolations particularized;

(4) Shall be addressed to and served uponthe owner of the property, the operator of the dwellingand the occupant of the dwelling unit or the roomingunit concerned, if the occupant is or may beresponsible for violation;

(5) If one or more persons whom the noticeis addressed cannot be found or served after diligenteffort to do so, service may be made upon such personor persons by posting a notice in a conspicuous placein or about the dwelling affected by the notice, inwhich event the public officer or his or her authorizedrepresentative shall include in the record a statementas to why such posting was necessary; and

(6) Delivery shall be by certified mail,return receipt requested, or by personal service. Ifservice is made by certified mail, the public officer orhis or her authorized representative shall include in therecord a verified statement giving details regarding themailing.

§ 8-513 PUBLIC OFFICER; AUTHORITY.

For the purpose of protecting the city againstunsightly or blighted premises, also the health,

welfare and safety of the inhabitants of dwellings ordwelling units, the public officer referred heretoforeis hereby authorized, with the consent and priorknowledge of the governing body, to enforceprovisions of this code and of other laws that regulateor set standards affecting buildings and premises.

§ 8-514 GOVERNING BODY; AUTHORITY.

The governing body is hereby authorized:

(a) To informally review all alleged violations asprovided in § 8-512(a) prior to notification prescribedin § 8-512(b);

(b) To take action as prescribed in § 8-512(b);

(c) To hear appeals if there is opposition to anyorder, requirement, decision or determination by thepublic officer in enforcement of this code as outlinedin § 8-518; and

(d) Discretionary authority may be exercised inspecific cases where variance from the terms of thecode as:

(1) Will not adversely affect the publichealth, safety or welfare of inhabitants of the city;

(2) Is in harmony with the spirit of thiscode; and

(3) Where literal enforcement of the codewill result in unnecessary hardship.

§ 8-515 ORDER TO CORRECT AND/ORREPAIR, REMOVE OR DEMOLISH.

At the time of the placarding and order to vacatespecified by § 8-508(c) hereof, the public officer shallalso issue and cause to be served upon the owner anotice advising of the option of removal or demolitionin lieu of correction and/or repair following theprocedures as outlined in § 8-512.


§ 8-516 DEMOLITION BY PUBLIC OFFICER;PROCEDURE AND COSTS.

(a) Failure to comply with the order under§ 8-515 for the alteration or improvement of suchstructure, the public officer, with the consent andprior knowledge of the governing body, may causesuch condemned structure to be removed ordemolished and the premises improved to eliminatethe conditions outlined in § 8-509.

(b) The cost of demolition by a public officershall be a lien upon the property upon which the costwas incurred and such lien, including as a part thereofan allowance of his or her costs and necessaryattorney’s fees, may be foreclosed in judicialproceedings in the manner provided or authorized bylaw for loans secured by liens on real property or shallbe assessed as a special assessment upon the lot orparcel of land on which the structure was located andthe City Clerk at the time of certifying other citytaxes, shall certify the unpaid portion of the aforesaidcosts and the County Clerk shall extend the same onthe tax rolls against the lot or parcel of land.

(c) If the structure is removed or demolished bythe public officer, he or she shall offer for bids andsell the structure or the materials of such structure.The proceeds of such sale shall be credited against thecost of the removal or demolition and, if there is anybalance remaining, it shall be paid to the partiesentitled thereto after deduction of costs or judicialproceedings, if any, including the necessary attorney’sfees incurred therein, as determined by the court, ifinvolved.

§ 8-517 CONFLICT OF LAWS; EFFECT ORPARTIAL INVALIDITY.

(a) Conflicts between the provisions of this codeand with a provision of any zoning, building, fire,safety or health ordinance or code of the city, existingon the effective date of this article, the provision shallprevail that establishes the higher standard.

(b) Conflicts between this article with aprovision of any other ordinance or code of the cityexisting on the effective date of this article thatestablishes a lower standard, the provisions of thisarticle shall be deemed to prevail and such other lawsor codes are hereby declared to be repealed to theextent that they may be found in conflict with thiscode.

§ 8-518 GOVERNING BODY; APPEALS.

(a) Any person, firm or corporation consideringthemselves aggrieved by the decision of the publicofficer and who desires to present a formal protest tothe governing body shall in writing, request a hearingbefore the governing body within ten days afterreceiving notice of the decision from the publicofficer, as provided in § 8-512(b). Such protest andrequest for a hearing shall be filed with the office ofthe City Clerk.

(b) Upon receipt of a protest and request for ahearing, the City Clerk shall notify in writing thegoverning body of such appeal.

(c) The governing body shall, within 30 days ofreceipt of protest and request for a hearing, determinea date for the hearing.

(d) Notice of the date for the hearing shall besent to the appellant at least ten days before thehearing.

(e) Except where an immediate hazard exists asdescribed in § 4-612 of this code, the filing of aprotest and request for a hearing before the governingbody as specified in division (a) above shall operate asa stay of the enforcement of the public officer’s orderuntil such time as the governing body has reached adecision on the matter.

§ 8-519 RIGHT OF PETITION.

After exhausting the remedy provided in § 8-518,any person aggrieved by an order issued by the publicofficer and approved by the governing body after ahearing on the matter may, within 30 days from the


date that the order became final, petition the DistrictCourt of the county in which the property is located torestrain the public officer from carrying out theprovisions of the order.

ARTICLE 6: RODENT CONTROL

Section

8-601 Definitions8-602 Building maintenance8-603 Notice to rat-stop; when city to do

work8-604 Failure to comply8-605 Replace rat-stoppage8-606 Notice to eradicate rats8-607 Conditions conducive to harborage of

rats8-608 Inspections


For the purpose of this article, the followingdefinitions shall apply unless the context clearlyindicates or requires a different meaning.

BUILDING. Any structure, whether public orprivate, that is adapted for occupancy as a residence;the transaction of business; the rendering ofprofessional services; amusement; the display, sale orstorage of goods, wares or merchandise; or theperformance of work or labor, including officebuildings, public buildings, stores, theaters, markets,restaurants, workshops and all other houses, sheds andother structures on the premises used for businesspurposes.

OCCUPANT. The person that has the use of,controls or occupies any business building or anyportion thereof, whether owner or tenant. In the caseof vacant business buildings or any vacant portion ofa business building, the owner, agent or other personhaving custody of the building shall have theresponsibilities of an OCCUPANT of a building.

OWNER. The owner of any building orstructure, whether individual, firm, partnership orcorporation.

RAT HARBORAGE. Any condition that providesshelter or protection for rats, thus favoring theirmultiplication and continued existence in, under oroutside a structure of any kind.

RAT-STOPPAGE. A form of rat-proofing toprevent the ingress of rats into buildings from theexterior or from one building to another, consistingessentially of the closing of all openings in the exteriorwalls, ground or first floors, basements, roofs andfoundations, that may be reached by rats from theground by climbing or by burrowing, with material orequipment impervious to rat-gnawing.

§ 8-602 BUILDING MAINTENANCE.

All buildings and structures located within thepresent or future boundaries of the city shall berat-stopped, freed of rats and maintained in arat-stopped and rat-free condition.

§ 8-603 NOTICE TO RAT-STOP; WHEN CITYTO DO WORK.

Upon receipt of written notice from the governingbody, the owner of any building or structure specifiedtherein shall take immediate measures for therat-stoppage of such building or structure. The workshall be completed in the time specified in the writtennotice, which shall be within 15 days, or within thetime of any written extension thereof that may havebeen granted by the governing body.

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§ 8-604 FAILURE TO COMPLY.

If the owner fails to comply with such writtennotice or extension, then the governing body isauthorized to take such action as may be necessary tocompletely rat-stop the building or structure at theexpense of the owner, and the City Clerk shall submitbills for the expense thereof to the owner of thebuilding or structure. If the bills are not paid within 60days, the City Clerk shall certify the amount due tothe City Treasurer and the charge shall be a lienagainst the property where the work has been done,and the owner shall be promptly billed therefor. Theexpense thereof shall include the cost of labor,materials, equipment and any other actual expensenecessary for rat-stoppage.

§ 8-605 REPLACE RAT-STOPPAGE.

It shall be unlawful for any occupant, owner,contractor, public utility company, plumber or anyother person to remove the rat-stoppage from anybuilding or structure for any purpose and fail torestore the same in a satisfactory condition or to makeany new openings that are not closed or sealed againstthe entrance of rats.

§ 8-606 NOTICE TO ERADICATE RATS.

Whenever the governing body notifies in writingthe owner of any building or structure theretoforerat-stopped as hereinabove defined, that there isevidence of rat infestation of the building or structure,the owner shall immediately institute appropriatemeasures for freeing the premises so occupied of allrats. Unless suitable measures for freeing the buildingor structure of rats are instituted within five days afterthe receipt of notice, and unless continuallymaintained in a satisfactory manner, the city is herebyauthorized to free the building or structure of rats atthe expense of the owner thereof and the City Clerkshall submit bills for the expense thereof to the ownerof the building or structure and if the same are notpaid, the City Clerk shall certify the amount due fromthe owner to the City Treasurer, and the owner shallbe promptly billed therefor. The expense thereof shall

include the cost of labor, materials, equipment andany other actual expense necessary for the eradicationmeasures.

§ 8-607 CONDITIONS CONDUCIVE TOHARBORAGE OF RATS.

(a) All food and feed kept within the city forfeeding animals shall be kept and stored in rat-freeand rat-proof containers, compartments or roomsunless kept in a rat-stopped building.

(b) It shall be unlawful for any person to place,leave, dump or permit to accumulate any garbage ortrash in any building or premises so that the same shallafford food and harborage for rats.

(c) It shall be unlawful for any person toaccumulate or to permit the accumulation on anypremises or on any open lot any lumber, boxes,barrels, bricks, stone or similar materials that may bepermitted to remain thereon and that are ratharborages, unless the same shall be placed on openracks that are elevated not less than 12 inches abovethe ground, evenly piled or stacked.

(d) Whenever conditions inside or under anybuilding or structure provide such extensive harboragefor rats that the Health Department deems it necessaryto eliminate such harborage, he or she may require theowner to install suitable cement floors in basements orto replace wooden first or ground floors or require theowner to correct such other interior rat harborage asmay be necessary to facilitate the eradication of rats ina reasonable time and thereby to reduce the cost ofsuch eradication.

§ 8-608 INSPECTIONS.

The Enforcing Officer or other employee orofficer is empowered to make such inspections andre-inspections of the interior and exterior of anybuilding or structure as in his or her opinion may benecessary to determine full compliance with thisarticle.

ARTICLE 7: INSURANCE PROCEEDS FUND

Section

8-701 Scope and application8-702 Lien created8-703 Same; encumbrances8-704 Same; pro rata basis8-705 Procedure8-706 Fund created; deposit of monies8-707 Building Inspector; investigation,

removal of structure8-708 Removal of structure; excess monies8-709 Same; disposition of funds8-710 Effect upon insurance policies8-711 Insurers; liability

§ 8-701 SCOPE AND APPLICATION.

The city is hereby authorized to utilize theprocedures established by K.S.A. 40-3901 et seq.,whereby no insurance company shall pay a claim of anamed insured for loss or damage to any building orother structure located within the city, where theamount recoverable for the loss or damage to thebuilding or other structure under all policies is inexcess of 75% of the face value of the policy coveringsuch building or other insured structure, unless thereis compliance with the procedures set out in thisarticle.

§ 8-702 LIEN CREATED.

The governing body of the city hereby creates alien in favor of the city on the proceeds of anyinsurance policy based upon a covered claim paymentmade for damage or loss to a building or otherstructure located within the city, where the amountrecoverable for all the loss or damage to the buildingor other structure under all policies is in excess of

75% of the face value of the policy(s) covering suchbuilding or other insured structure. The lien arisesupon any unpaid tax, special ad valorem levy, or anyother charge imposed upon real property by or onbehalf of the city which is an encumbrance on realproperty, whether or not evidenced by writteninstrument, or such tax, levy, assessment, expense, orother charge that has remained undischarged for atleast one year prior to the filing of a proof of loss.

§ 8-703 SAME; ENCUMBRANCES.

Prior to final settlement on any claim covered by§ 8-702, the insurer or insurers shall contact theCounty Treasurer to determine whether any suchencumbrances are presently in existence. If the sameare found to exist, the insurer or insurers shall executeand transmit in an amount equal to that owing underthe encumbrances a draft payable to the CountyTreasurer.

§ 8-704 SAME; PRO RATA BASIS.

Such transfer of proceeds shall be on a pro ratabasis by all insurance companies insuring the buildingor other structure.

§ 8-705 PROCEDURE.

(a) When final settlement on a covered claimhas been agreed to or arrived at between the namedinsured or insureds and the company or companies,and the final settlement exceeds 75% of the face valueof the policy covering any building or other insuredstructure, and when all amounts due the holder of afirst real estate mortgage against the building or otherstructure, pursuant to the terms of the policy and

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endorsements thereto, shall have been paid, theinsurance company or companies shall execute a draftpayable to the City Treasurer in an amount equal tothe sum of 15% of the covered claim payment, unlessthe Chief Building Inspector of the city has issued acertificate to the insurance company or companies thatthe insured has removed the damaged building orother structure, as well as all associated debris, orrepaired, rebuilt, or otherwise made the premises safeand secure.

(b) Such transfer of funds shall be on a pro ratabasis by all companies insuring the building or otherstructure. Policy proceeds remaining after the transferto the city shall be disbursed in accordance with thepolicy terms.

(c) Upon the transfer of the funds as required bydivision (a) above, the insurance company shallprovide the city with the name and address of thenamed insured or insureds, the total insurancecoverage applicable to said building or other structure,and the amount of the final settlement agreed to orarrived at between the insurance company orcompanies and the insured or insureds, whereupon theChief Building Inspector shall contact the namedinsured or insureds by certified mail, return receiptrequested, notifying them that said insurance proceedshave been received by the city and apprise them of theprocedures to be followed under this article.

§ 8-706 FUND CREATED; DEPOSIT OFMONIES.

The City Treasurer is hereby authorized and shallcreate a fund to be known as the Insurance ProceedsFund. All monies received by the City Treasurer asprovided for by this article shall be placed in said fundand deposited in an interest-bearing account.

§ 8-707 BUILDING INSPECTOR;INVESTIGATION, REMOVAL OFSTRUCTURE.

(a) Upon receipt of monies as provided for bythis article, the City Treasurer shall immediatelynotify the Chief Building Inspector of said receipt, and

transmit all documentation received from theinsurance company or companies to the Chief BuildingInspector.

(b) Within 30 days of the receipt of saidmoneys, the Chief Building Inspector shall determine,after prior investigation, whether the city shallinstigate proceedings under the provisions of K.S.A.12-1750 et seq., as amended.

(c) Prior to the expiration of the 30 daysestablished by division (b) above, the Chief BuildingInspector shall notify the City Treasurer whether he orshe intends to initiate proceedings under K.S.A.12-1750 et seq., as amended.

(d) If the Chief Building Inspector hasdetermined that proceedings under K.S.A. 12-1750 etseq., as amended shall be initiated, he or she will doso immediately but no later than 45 days after receiptof the monies by the City Treasurer.

(e) Upon notification to the City Treasurer bythe Chief Building Inspector that no proceedings shallbe initiated under K.S.A. 12-1750 et seq., asamended, the City Treasurer shall return all suchmonies received, plus accrued interest, to the insuredor insureds as identified in the communication fromthe insurance company or companies. Such returnshall be accomplished within 45 days of the receipt ofthe monies from the insurance company or companies.

§ 8-708 REMOVAL OF STRUCTURE; EXCESSMONIES.

If the Chief Building Inspector has proceededunder the provisions of K.S.A. 12-1750 et seq., asamended, all monies in excess of that which isultimately necessary to comply with the provisions forthe removal of the building or structure, less salvagevalue, if any, shall be paid to the insured.

§ 8-709 SAME; DISPOSITION OF FUNDS.

If the Chief Building Inspector, with regard to abuilding or other structure damaged determines that itis necessary to act under K.S.A. 12-1756, any

Insurance Proceeds Fund 35

proceeds received by the City Treasurer under theauthority of § 8-705(a) relating to that building orother structure shall be used to reimburse the city forany expenses incurred by the city in proceeding underK.S.A. 12-1756. Upon reimbursement from theinsurance proceeds, the Chief Building Inspector shallimmediately effect the release of the lien resultingtherefrom. Should the expenses incurred by the cityexceed the insurance proceeds paid over to the CityTreasurer under § 8-705(a), the Chief BuildingInspector shall publish a new lien as authorized byK.S.A. 12-1756, in an amount equal to such excessexpenses incurred.

§ 8-710 EFFECT UPON INSURANCEPOLICIES.

This article shall not make the city a party to anyinsurance contract, nor is the insurer liable to anyparty for any amount in excess of the proceedsotherwise payable under its insurance policy.

§ 8-711 INSURERS; LIABILITY.

Insurers complying with this article or attemptingin good faith to comply with this article shall beimmune from civil and criminal liability and suchaction shall not be deemed in violation of K.S.A.40-2404 and any amendments thereto, includingwithholding payment of any insurance proceedspursuant to this article, or releasing or disclosing anyinformation pursuant to this article.


ARTICLE 8: RELEASES OR THREATENED RELEASES OF MATERIALS

Section

8-801 Definitions8-802 Strict liability8-803 Recovery of expenses8-804 Conflict with state or federal law



EMERGENCY ACTION. All exigent activitiesconducted in order to prevent or mitigate harm to thepublic health and safety and the environment from arelease or threatened release of any material into orupon land, water or air.

PERSON. Any individual, corporation,association, partnership, firm, trustee, legalrepresentative or any combination thereof.

RECOVERABLE EXPENSES. Those expensesof the city that are reasonable, necessary and allocableto an emergency action. RECOVERABLEEXPENSES shall not include normal budgetedexpenditures that are incurred in the course ofproviding what are traditionally city services andresponsibilities, such as routine firefighting protection.EXPENSES allowable for recovery may include, butare not limited to:

(1) Disposable materials and suppliesconsumed and expended specifically for the purposeof the emergency action;

(2) Compensation of employees for the timeand efforts devoted specifically to the emergencyaction;

(3) Rental or leasing of equipment usedspecifically to the emergency action (e.g., protectiveequipment or clothing, scientific and technicalequipment);

(4) Replacement costs for equipment ownedby the city that is contaminated beyond reuse orrepair, if the equipment was a total loss and the lossoccurred during the emergency action (e.g., self-contained breathing apparatus irretrievablycontaminated during the response);

(5) Decontamination of equipmentcontaminated during the response;

(6) Special technical services specificallyrequired for the response (e.g., costs associated withthe time and efforts of technical experts or specialistsnot otherwise provided for by the city);

(7) Other special services specificallyrequired for the emergency action;

(8) Laboratory costs of analyzing samplestaken during the emergency action;

(9) Any costs of cleanup, storage ordisposal of the release material;

(10) Costs associated with the services,supplies and equipment procured for a specificevacuation of persons or property;

(11) Medical expenses incurred as a result ofresponse activities; and

(12) Legal expenses that may be incurred asa result of the emergency action, including efforts torecover expenses pursuant to this article.

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RELEASE. Any spilling, leaking, pumping,pouring, emitting, emptying, discharging, injecting,escaping, leaching, dumping or disposing into or uponland, water or air, of any material which the citydetermines may be harmful to the public health andwelfare or to the environment.

THREATENED RELEASE. Any imminent orimpending event potentially causing, but not releasingin a release, but causing the city to undertake anemergency action.(Ord. 825, passed 1-8-1990)

§ 8-802 STRICT LIABILITY.

Any person causing or responsible for a releaseor threatened release resulting in an emergency actionshall be strictly liable to the city for the recoverableexpenses resulting from the emergency action. Thereshall be a rebuttable presumption that any personowning or controlling property causing a release orthreatened release is responsible for such release orthreatened release.(Ord. 825, passed 1-8-1990)

§ 8-803 RECOVERY OF EXPENSES.

(a) Itemization of recoverable expenses. Citypersonnel and departments involved in an emergencyaction shall keep an itemized record of recoverableexpenses resulting from an emergency action.Promptly after completion of an emergency action, theappropriate city departments shall certify thoseexpenses to the City Clerk.

(b) Submission of claim. The city shall submit awritten itemized claim for the total expenses incurredby the city for the emergency action to the responsibleperson and a written notice that unless the amounts arepaid in full within 30 days after the date of the mailingof the claim and notice, the city will file a civil actionseeking recovery for the stated amount.

(c) Lien of property. The city may cause a lienin the amount of the recoverable expenses to be placed

on any real property located within the city owned bythe person causing or responsible for the emergencyaction.

(d) Civil suit. The city may bring a civil actionfor recovery of the recoverable expenses against anyand all persons causing or responsible for theemergency action.(Ord. 825, passed 1-8-1990)

§ 8-804 CONFLICT WITH STATE ORFEDERAL LAW.

Nothing in this article shall be constructed toconflict with state or federal laws requiring personscausing or responsible for releases or threatenedreleases from engaging in remediation activities and/orpaying the costs thereof.(Ord. 825, passed 1-8-1990)

Documents

CHAPTER VIII: HEALTH AND WELFARE - Smith Center...CHAPTER VIII: HEALTH AND WELFARE Article 1. RESERVED 2. HEALTH NUISANCES 2A. ENVIRONMENTAL CODE 3. JUNKED MOTOR VEHICLES ON PRIVATE