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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.
(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 § 8-2A08 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. The order shall state:
(1) The condition that has caused the violation of this article; and
(2) That the person in violation shall have:
(A) Ten days from the receipt of the order to alleviate the exterior conditions (yard) violation; and/or
(B) Forty-five days from the receipt of the order to alleviate the exterior conditions (structure) violation; or
(C) Ten days from the receipt of the order, plus any additional time granted under subsection (c) of this section, to request, as provided in § 8-2A12 a hearing before the governing body or its designated representative on the matter.
(c) Provided, however, that the governing body (or its designee named herein) shall grant one or more extensions to the time periods stated in subsections (b)(2)(A) and (b)(2)(B) above, if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions that have caused the violation of this article; and
(K.S.A. 12-1617e)
The public officer may file a complaint in the Municipal Court against any person found to be in violation of § 8-2A08, provided however, that such person shall first have been sent an order of violation as provided in § 8-2A09 and that the person has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in § 8-2A09. Upon such complaint in the Municipal Court, any person found to be in violation of § 8-2A08 shall upon conviction be punished by a fine of not less than $100, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment, for each offense. For the purposes of this article, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist.
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