4-4-8: PENALTY:

The public officer may file a complaint in the municipal court against any person found to be in violation of section 4-4-6 of this chapter, provided however, that such person shall first have been sent an order as provided in section 4-4-7 of this chapter and that the person has neither abated the condition causing the alleged violation nor requested a hearing before the governing body within the time period specified in section 4-4-7 of this chapter. Any person found to be in violation of section 4-4-6 of this chapter, shall upon conviction, be guilty of a class C offense, punishable as in subsection 1-4-1A1c of this code. Upon a first conviction, a person shall be fined one hundred dollars ($100.00); for a second conviction within a five (5) year period, a fine of three hundred dollars ($300.00) shall be imposed; and for a third or subsequent conviction within a five (5) year period, a fine of five hundred dollars ($500.00) shall be imposed. For the purpose of this chapter, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist. (Ord. 1148, 11-18-2013)

4-4-9: ABATEMENT:

In addition to, or as an alternative to prosecution as provided in section 4-4-8 of this chapter, the public officer may seek to remedy violations of this chapter in the following manner. If a person to whom an order has been sent pursuant to section 4-4-7 of this chapter has neither abated the condition causing the alleged violation nor requested a hearing before the governing body within the time period specified in section 4-4-7 of this chapter, 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 condition causing the violation at the end of ten (10) days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be assessed against the property as provided in section 4-4-12 of this chapter. A copy of the resolution shall be served upon the person in violation in one of the following ways:

   A.   Personal service;

   B.   Service by first class mail; or

   C.   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 resolution once in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists. (Ord. 1148, 11-18-2013)

4-4-10: HEARING BEFORE GOVERNING BODY:

If a hearing is requested within the ten (10) day period as provided in section 4-4-7 of this chapter, such request shall be made in writing to the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefor and the person shall be advised by the city of the time and place of the hearing at least five (5) 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 section 4-4-9 of this chapter. 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. (Ord. 1148, 11-18-2013)

4-4-11: APPEALS:

Any person affected by any determination of the governing body under section 4-4-10 of this chapter may appeal such determination in the manner provided by Kansas Statutes Annotated 60-2101(d). (Ord. 1148, 11-18-2013)

4-4-12: COSTS ASSESSED:

If the city abates a condition pursuant to section 4-4-9 of this chapter, the cost of abatement shall be charged against the property on which the condition was located. Costs shall include, but not be limited to, labor, materials, equipment, service fees, contract fees, assessments, or other charges related to the abatement. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the costs as provided in this section. The county clerk shall extend the same on the tax roll, the assessment shall become a lien against the property on which the condition was located, and it shall be collected by the county treasurer and paid to the city as other taxes are collected and paid. In addition to remedies available to the city to collect assessments levied against property, if any assessments for costs of abatement levied by the city in accordance with this section remain unpaid by the owner of a lot or parcel of ground, the city may collect the amount due in the same manner as a personal debt of the property owner to the city, by bringing an action in the appropriate district court. (Ord. 1148, 11-18-2013)

4-4-13: CONSTRUCTION:

Nothing in this chapter shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this chapter shall be in addition to and supplemental to the powers conferred by the Kansas constitution, or by any other law or ordinance. (Ord. 1148, 11-18-2013)