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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.
No person shall be found in violation of this article unless the public officer, after a reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood. Such evidence shall include conditions declared unlawful under § 8-2A08, but shall not include conditions that are not readily visible from any public place or from any surrounding private property.
(a) It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions that are injurious to the health, safety or general welfare of the residents of the community or conditions that are detrimental to adjoining property, the neighborhood or the city.
(b) For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:
(1) Exterior conditions (yard) shall include, but not be limited to, the scattering over or the parking, leaving, depositing or accumulation on the yard of any of the following:
(A) Lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;
(B) Abandoned motor vehicles;
(C) Furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers or other such items of personal property; or
(D) Nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner.
(2) Exterior conditions (structure) shall include, but not be limited to, deteriorated, dilapidated or unsightly:
(A) Exteriors of any structure;
(B) Exteriors of any accessory structure; or
(C) Fences, walls or retaining walls.
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