For purposes of this provision, the following definitions shall apply:
(a) Agent - shall mean any person or entity listed in the Rooks County, Kansas, Appraisers Office or Treasurer’s Office for the purpose of paying taxes; a registered agent with the Kansas Secretary of State’s Office for corporate or partnership ownership; an agent or manager directed by the property owner, estate, or court order to represent the interest of the property or to otherwise control activities on the property, or a corporate officer.
(b) City - shall mean the City of Plainville, Kansas.
(c) Graffiti - shall mean any drawing, painting, writing, figure or mark, regardless of its content, of the type which is commonly known and referred to as graffiti which is written, drawn, painted, sprayed, scratched or otherwise placed or affixed, regardless of the nature of the material used, on any wall, window, rock building or portion thereof fence, gate, sign, other structure, tree or other real or personal property, either publicly or privately owned, and that is visible from any adjacent public or private property or public or private right-of-way.
(d) Nuisance - shall mean any condition which causes or creates an unreasonable interference with the rights of the public and shall include, but not be limited to:
(1) graffiti;
(2) noxious weeds, rank vegetation and/or weeds and/or grasses that are uncontrolled or exceed 8 inches in height, including any vegetation on the right-of-way abutting the owner’s property;
(3) accumulation of garbage, rubbish, trash, refuse, junk and/or other abandoned materials, metals, building materials or other litter which creates an unsightly appearance;
(4) the exposed carcasses of animals or fowl not disposed of after death;
(5) rank ponds or standing water (including swimming pools water receptacles, and/or undrained areas;
(6) accumulation of animal waste;
(7) any building or other structure which is in such a dilapidated condition that is infested with rodents or insects, left unsecured to allow entry of animals, humans or the natural elements such as rain, hail or snow, or otherwise left unkept, unsightly, or unsanitary creating a menace to the health and/or safety of the people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
(8) brush, limbs, trees, shrubs, or plants which are dead, diseased or infested which present a harmful or dangerous condition to the public;
(9) any condition which provides harborage for rodents, reptiles, insects and/or other vermin;
(10) exposed refrigerators, freezers, other appliances left unsecured;
(11) all disagreeable or obnoxious odors and/or stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and/or stenches (including rank or infested compost heaps);
(12) the pollution of any well or cistern, stream, river, lake or Body of water by sewage, dead animals, industrial wastes or other substances;
(13) smoke, gas, soot or cinders, in abnormal quantities, or any noxious fumes;
(14) any rank sewage or rank septic system, rank vault or rank cesspool;
(15) any building, structure, or other place of location where any activity which is in violation of local state or federal law is conducted, performed or maintained;
(16) any other condition which is determined to present a dangerous or harmful condition to the public;
(17) filth, excrement, weeds, grass, vegetation, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street gutter, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;
(18) weeds and grasses, excluding ornamental grasses, on or about residential property, which, because of its height, has a blighting influence on the neighborhood.
(e) Person - shall mean any individuals, partnership, corporation, limited liability company, unincorporated association. Other business organization, committee, board, trustee, receiver agent, or any representative who had charge, care of or responsibility for maintenance of any property, lot or parcel of land regardless of status as owner, tenant or lessee, and regardless of whether such person has possession.
(f) Property owners - shall mean the named property owner as indicated by the records of the Register of Deeds or Appraisers Office in Rooks County, Kansas.
(g) Tenant - shall mean any person who has a severable or non-severable interest in the property by either oral or written lease or covenant, or by other methods of conveying a limited interest in such lands; or any person who occupies or has possession of such property.
(Code 2019)
It is unlawful for any person to maintain or permit any nuisance, as defined, the article, within the city. The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, chief of police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings. The governing body of the city, by resolution, also may make such determination.
(Code 2019)
(a) Whenever necessary to make an inspection of any building, structure or premises to determine if a nuisance exists, or whenever the public officer has cause to believe that there exists therein any condition which endangers the public health, the public officer is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the public officer under this code.
(b) The authority granted to the public officer by subsection (a) of this section is subject to the following:
(1) If the building, structure or premises is occupied, the public officer shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.
(2) If such property is unoccupied, the public officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.
(3) If the public officer is refused admission or cannot locate the owner or occupant, the public officer shall refrain from entering until authorized to do so by proper judicial authority.
(Code 2019)
Whenever the City Compliance Officer, or assigned agent, determines there has been a violation of this Article or has grounds to believe that a violation has occurred, a written Notice of Violation and Order of Abatement (“Notice and Order”) shall be given to the property owner, occupant, any known agent of the property owner, and any other person deemed responsible for the violation.
(Code 2019)
The Notice and Order of Abatement shall provide information enough to reasonably allow the recipient to determine the nature of the actions required to self-abate the violation and specify a reasonable period of time for completion of the self-abatement. A reasonable time to abate the violation shall be presumed not to exceed ten days in accordance with K.S.A. 12-1617e(b) subject to extension upon the authority of the City Compliance Officer following a demonstration of due diligence in the self-abatement of the violation.
(Code 2019)
The recipient of the Notice and Order may request a hearing before the governing body by completing and filing a written “Request for Hearing” form in the office of the city clerk prior to the close of business on the date of the deadline for self-abatement of the violation as stated in the Notice and Order. The hearing shall be conducted under the same procedure as set forth in Section 4-410. The timely filing of a request for hearing shall stay the enforcement of the Notice and Order until the appeal can be heard and decided by the governing body.
(Code 2019)
The Notice and Order shall:
(a) Include a description of the subject real estate enough for identification;
(b) Include a statement of the nature of the violation and including relevant ordinances, with enough information that would reasonably allow the recipient to determine the nature of the violation to allow for self-abatement.
(c) Include an order of abatement allowing a reasonable time, as stated in 4-405, to take the actions required to self-abate the violation;
(d) Inform the recipient of the Notice and Order of the right to a hearing if the recipient completes and files a written request for a hearing form in the office of the city clerk prior to the close of business on the date of the deadline for self-abatement of the violation;
(e) Inform the recipient that failure to comply with the Notice and Order may result in the City abating the violation and recovering any costs not paid by the recipient within thirty days of a notice of costs by
(1) assessing of any costs against the subject real estate or
(2) filing suit seeking a personal judgment against the recipient, or both, and
(f) Inform the recipient that the violation is subject to prosecution.
(Code 2019)
The Notice and Order shall be served either by certified mail, return receipt requested, or by personal service; provided, however, if the subject real estate is unoccupied and the owner is a nonresident, then by mailing the Notice and Order by certified mail, return receipt requested, to the last known address of the owner. If a person to whom a Notice and Order is directed for service has failed to accept delivery or otherwise failed to effectuate receipt of a Notice and Order pursuant to this section during the preceding 24 month period, the City may provide notice of the issuance of any further Notice and Order by such other methods as door hangers, conspicuously posting notice of such order on the subject property, personal notification, telephone communication, or first class mail. If the property is unoccupied and the owner is a nonresident, the alternative means of notice provided by this section shall be given by telephone communication or first-class mail. Destroying or tampering with any means of posting notice of such order on the subject property shall be a separate violation. In cases where the owner is unknown or is a nonresident, and there is no resident agent, notice shall also be posted by the city clerk’s office on the official city website.
(Code 2019)
(a) If the recipient of the Notice and Order fails to comply with the Order within the period of time designated in the Order, then the City may go onto the property to abate the violation in a reasonable manner. The City may use its own employees or contract for services to abate the violation. The City, or its agents, shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to the public to abate the violation(s).
(b) If the City acts to abate the violation, it shall provide a notice of costs to the person responsible for the violation. The notice of costs shall be delivered by certified mail, return receipt requested, at the last known mailing address; or if the property is vacant or unoccupied, the notice of costs shall also be posted on the property in a reasonable manner. The recipient shall have thirty days from the date of the notice of costs to make full payment. The notice of costs shall state:
(1) The description of the subject real estate enough for identification;
(2) The nature of the work performed to abate the violation;
(3) The costs incurred for the abatement of the violations in either a lump sum or in itemized form;
(4) That the notice is a demand for payment within thirty days from the date of notice;
(5) That failure to pay the entire amount within thirty days shall allow the City to file a tax lien against the property or to pursue a personal judgment for the recovery of the costs, or both;
(6) That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys’ fees when applicable, and interest;
(7) The payments shall be made by check or money order made payable to the City of Plainville, Kansas, with no post-dating of the check, and sent to the address as stated within the notice with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as non-payments, unless a payment arrangement has been agreed to and approved in writing by the city clerk.
(c) If the payment of costs is not made within the thirty-day period, the City may levy a special assessment for such costs against the subject real estate. The City Clerk at the time of certifying other city taxes to the County Clerk shall certify such costs, and the County Clerk shall extend such costs on the tax roll of the county against the subject real estate, and it shall be collected by the County Treasurer and paid to the City as other city taxes are collected and paid. Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as amended, by bringing an action in the district court as a personal debt. The City may pursue both assessment and collection at the same time until the full cost, including applicable interest, court costs, attorneys’ fees, and administrative costs, including but not limited to, investigative cost as well as the cost of providing notice, including any postage, have been paid in full.
(d) The abatement of a violation of this article by the City shall not be a defense or excuse to any person in violation of this article.
(Code 2019)
If a hearing is requested within the 10-day period as provided in section 4-406, 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 Notice and Order. A request for hearing shall be based upon a claim that the true intent of this article or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this Article do not fully apply, or the requirements of this Article are adequately satisfied by other means. 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 record its determination of the matter in writing and serve a copy upon the person requesting the hearing. The decision of the governing body shall be a final order of city.
(Code 2019)
(a) In addition to or as an alternative to the remedy of abatement as provided under this Article, any person in violation of this Article may be prosecuted in municipal court and subject to:
(1) a fine of not less than $50 nor more than $500;
(2) a sentence of not more than six months in jail;
(3) such other orders as the court deems just and consistent with the purpose and intent of this Article; or
(4) any combination thereof.
(b) Prosecution of any offender under this Article does not limit the City’s right to pursue assessment or collection of costs as stated in this Article, or by other laws.
(c) Each day that any violation shall continue shall constitute a separate offense.
(d) Any fines assessed under this Article shall be collected by the municipal court administration and paid over to the general fund, except for assessments of court costs.
(Code 2019)
In addition to or as an alternative to the remedy of abatement or the penalties provided herein, the City Compliance Officer, or assigned agent, may cause to be instituted any appropriate proceeding at law or in equity to restrain, correct or abate any violation of the provisions of this Article or of any order or direction made pursuant thereto.
(Code 2019)