Loading...
§ 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.
§ 8-108 ABATEMENT.
   (a)   In addition to, or as an alternative to prosecution as provided in § 8-107, the public officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been served pursuant to § 8-105 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time periods specified in § 8-106, the public officer may present a resolution to the Governing Body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of ten days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in § 8-110.
   (b)   A copy of the resolution shall be served upon the person in violation in one of the following ways:
      (1)   Personal service upon the person in violation;
      (2)   Certified mail, return receipt requested; or
      (3)   In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the City Clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
   (c)   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.
§ 8-109 HEARING.
   If a hearing is requested within the ten-day period as provided in § 8-106, such request shall be made in writing to the Governing Body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer. The hearing shall be held by the Governing Body or its designated representative as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the Governing Body or its designated representative shall be prepared in resolution form, adopted by the Governing Body, and the resolution shall be served upon the person in the manner provided in § 8-108.
§ 8-110 COSTS ASSESSED.
   If the city abates or removes the nuisance pursuant to § 8-108, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located; and the City Clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs; and the County Clerk shall extend the same on the tax rolls of the county against such lot or parcel of land; and it shall be collected by the County Treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.
(K.S.A. 12-1617e)
ARTICLE 2: ENVIRONMENTAL CODE
Section
   8-201   Title
   8-202   Legislative funding of fact
   8-203   Purpose
   8-204   Rules of construction
   8-205   Definitions
   8-206   Public officer; right of entry; enforcement standards
   8-207   Unlawful acts
   8-208   Order of violation
   8-209   Failure to comply; penalty
   8-210   Abatement
   8-211   Hearing
   8-212   Appeals
   8-213   Costs assessed
   8-214   Construction
§ 8-201 TITLE.
   This article shall be known as the “Environmental Code of Humboldt, Kansas.”
(Ord. 1423, passed 4-14-2008)
§ 8-202 LEGISLATIVE FINDING OF FACT.
   (a)   The Governing Body finds that unsightly and hazardous conditions due to the following create a blighting influence on adjoining properties, neighborhoods and the city generally, and create conditions which are injurious to the health and safety of the residents of the city, and are inimical to the general welfare of the community:
      (1)   Dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors;
      (2)   Accumulations increasing the hazards of accidents or other calamities;
      (3)   Structural defects;
      (4)   Uncleanliness; and
      (5)   Unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof.
   (b)   The Governing Body desires to promote the public’s health, safety and welfare by insuring the repair, removal, abatement and regulation of such conditions in the manner hereafter provided.
(Ord. 1423, passed 4-14-2008)
§ 8-203 PURPOSE.
   The purpose of this article is to protect, preserve, upgrade and regulate the environmental quality of industrial, commercial and residential neighborhoods in the city by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof.
(Ord. 1423, passed 4-14-2008)
§ 8-204 RULES OF CONSTRUCTION.
   For the purpose of this article, the following rules of construction shall apply.
   (a)   Any part thereof: whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”
   (b)   Gender: words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.
   (c)   Number: words of number shall be construed to mean singular or plural, as may be applicable.
   (d)   Tense: words of tense shall be construed to mean present or future, as may be applicable.
   (e)   Shall: the word shall is mandatory and not permissive.
(Ord. 1423, passed 4-14-2008)
Loading...