§ 8-103 COMPLAINTS; INQUIRY AND INSPECTION.

   The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating that a nuisance exists and describing the same and where located, or is informed that a nuisance may exist by the Board of Health, Chief of Police or the Fire Chief. The public officer may make such inquiry and inspection when he or she observes conditions that appear to constitute a nuisance. Upon making any inquiry and inspection, the public officer shall make a written report of findings.

§ 8-104 RIGHT OF ENTRY.

   The public officer has the right of access and entry upon private property at any reasonable time to the extent allowed by law for the purpose of making inquiry and inspection to determine if a nuisance exists.

§ 8-105 ORDER OF VIOLATION.

   (a)   The governing body shall serve upon the owner, any agent of the owner of the property, or any other person, corporation, partnership or association found by the public officer to be in violation of § 8-101, an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.

   (b)   If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24-month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first-class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first-class mail.

(K.S.A. 12-1617e)

§ 8-106 SAME; CONTENTS.

   (a)   The order shall state the condition(s) that is (are) in violation of § 8-101. The order shall also inform the person, corporation, partnership or association that:

      (1)   He, she or they shall have ten days from the receipt of the order to abate the condition(s) in violation of § 8-101; provided, however, that the governing body (or its designee named in § 8-105) shall grant one or more extensions of the ten-day-period if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions in violation of § 8-101; or

      (2)   He, she or they have ten days from the receipt of the order, plus any additional time granted under division (a)(1) above, to request a hearing before the governing body or its designated representative of the matter as provided by § 8-109.

   (b)   Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by § 8-107 and/or abatement of the condition(s) by the city as provided by § 8-108.

(K.S.A. 12-1617e)

§ 8-107 FAILURE TO COMPLY; PENALTY.

   Should the person, corporation, partnership or association fail to comply with the order to abate the nuisance or request a hearing, the public officer may file a complaint in the Municipal Court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of § 8-101, be fined in an amount not to exceed $100, or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.