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(a) In addition to, or as an alternative to prosecution as provided in § 8-207, 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 § 8-205 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in § 8-206, 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 § 8-210.
(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) Service by certified mail, postage prepaid, 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.
(Ord. 600, passed 5-1-1990; Ord. passed 600A, passed 4-17-2001)
If a hearing is requested within the ten-day-period as provided in § 8-206, 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 before the governing body. The hearing shall be held by the governing body 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. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the manner provided in § 8-208.
(Ord. 600, passed 5-1-1990)
If the city abates the nuisance pursuant to § 8-208, the cost of the abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The City Clerk shall, at the time of certifying other city taxes to the County Clerk, certify the costs as provided in this section. The County Clerk shall extend the same on the tax roll and it shall be collected by the County Treasurer and paid to the city as other city taxes are collected and paid.
(Ord. 600, passed 5-1-1990)
Section
8-2A01 Title
8-2A02 Legislative finding of fact
8-2A03 Purpose
8-2A04 Rules of construction
8-2A05 Definitions
8-2A06 Public officer
8-2A07 Enforcement standards
8-2A08 Unlawful acts
8-2A09 Order of violation
8-2A10 Penalty
8-2A11 Abatement
8-2A12 Hearing
8-2A13 Appeals
8-2A14 Costs assessed
8-2A15 Construction
The governing body has found that there exists within the city unsightly and hazardous conditions due to: dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; accumulations increasing the hazards of accidents or other calamities; structural defects; uncleanliness; unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof. Such conditions are inimical to the general welfare of the community in that they have a blighting influence on the adjoining properties, the neighborhood and the city, or are injurious to the health and safety of the residents of the city. The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement and regulation of such conditions in the manner hereafter provided.
The purpose of this article is to protect, preserve, upgrade and regulate the environmental quality of industrial, commercial and residential neighborhoods in this 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.
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.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. Any motor vehicle that is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of the ordinance; or incapable of moving under its own power; or in a junked or wrecked condition.
ACCESSORY STRUCTURE. A secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns or outbuildings.
COMMERCIAL or INDUSTRIAL. Used or intended to be used primarily for other than residential purposes.
DILAPIDATION, DETERIORATION or DISREPAIR. Any condition characterized by, but not limited to, holes, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.
EXTERIOR. Those parts of a structure that are exposed to the weather or subject to contact with the elements; including, but not limited to, sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.
GARBAGE. Without limitation, any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage or use of foodstuffs.
PERSON. Any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.
PREMISES. Any lot, plot or parcel of land including the structures thereon. PREMISES shall also mean any lot, plot or parcel of land without any structures thereon.
REFUSE. Garbage and trash.
RESIDENTIAL. Used or intended to be used primarily for human habitation.
STRUCTURE. Anything constructed or erected which requires location on the ground or is attached to something having a location on the ground, including any appurtenances belonging thereto.
TRASH. Combustible waste consisting of, but not limited to, papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings or tree branches and non-combustible waste consisting of, but not limited to, metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.
WEATHERED. Deterioration caused by exposure to the elements.
YARD. The area of the premises not occupied by any structure.
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