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                        CHAPTER VIII. HEALTH, SANITATION AND NUISANCES

 

Article 1.   Reserved

Article 2.   Health Nuisances

Article 3.   Refuse Collection

Article 4.   Weeds

Article 5.   Junked Motor Vehicles on Private Property

Article 6.   Rodent Control

Article 7.   Environmental Code

Article 8.   Dangerous and Unsafe Structures

Article 9.    Oil and Gas Wells Drilling Regulations

 

 

____________________________

 

ARTICLE 1.  RESERVED

ARTICLE 2. HEALTH NUISANCES

8-201.                          NUISANCES UNLAWFUL; DEFINED.  It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:

                                      (a) Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;

                                      (b) All dead animals not removed within 24 hours after death;

                                      (c) Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;

                                      (d) All stagnant ponds or pools of water;

                                      (e) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;

                                      (f) Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill, or any icebox or refrigerator not in actual use unless the door, opening or lid thereof is unhinged, or unfastened and removed therefrom;

                                      (g) All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood;

                                      (h) Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city.  (K.S.A. 21-4106:4107; Code 1987)

8-201a.                        SPILLAGE OF URINE OR MANURE.  (a)  It shall be unlawful for the owner and/or operator of a truck or trailer hauling livestock to permit or cause the spillage of manure and urine from such truck or trailer onto the streets of the city.

                                      (b) In the event that a spillage of manure and urine should occur on the streets of the city, it shall be the duty of the person operating the truck and also the person or company which owns the truck which spilled the manure and urine on the streets of the city to provide for immediate cleanup of the spillage.

                                      (c) In lieu of the owner and/or operator immediately cleaning the street, payment for cleanup may be made to the city in the amount between $100 and $250 to be determined by the outside utilities supervisor based on the amount of spillage and difficulty of cleanup.

                                      (d) Should the owner and/or operator not clean up such spillage within 48 hours, or pay the cleanup fee determined in subparagraph (c) above, the outside utilities supervisor or public health officer may file a complaint in the municipal court of the city against such person, or persons, corporation, partnership or association which are in violation of this article and upon conviction shall be punished by a fine not less than $50 nor more than $100 or by imprisonment, for not more than 30 days, or by both such fine and imprisonment, for each offense, and shall pay restitution to the city for cleanup of such spillage.  For the purposes of this section, a separate offense shall be deemed committed on each occurrence of spillage, as defined herein.

                                      (e) The penalty provisions of this section are not intended to supersede the penalty and notice provisions of Article 2, but rather shall supplement the penalty provisions for the specific unlawful acts described in this section.  (Ord. 563, Secs. 1:2)

8-202.                          COMPLAINTS; INQUIRY AND INSPECTION.  The city inspector shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons 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 city inspector 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 city inspector shall make a written report of findings.  (Code 1987)

8-203.                          RIGHT OF ENTRY.  The city inspector has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.  (Code 2001)

8-204.                          ORDER OF VIOLATION.  (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 section 8-201 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 twenty-four 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.  (K.S.A. 12-1617e; Code 2011)

8-205.                          SAME; CONTENTS.  The order shall state the condition(s) which is (are) in violation of section 8-201.  The order shall also inform the person, corporation, partnership or association that

                                      (a)    He, she or they shall have 10 days from the receipt of the order to abate the condition(s) in violation of section 8-201; provided, however, that the governing body or its designee shall grant one or more extensions of the 10 day period if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions in violation of section 8-201; or,

                                      (b)    He, she or they have 10 days from the receipt of the order, plus any additional time granted under subsection (a), to request a hearing before the governing body or its designated representative of the matter as provided by section 8-208;

                                      (c)     Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-206 and/or abatement of the condition(s) by the city as provided by section 8-207.  (Code 2011)

8-206.                          FAILURE TO COMPLY; PENALTY.  Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing the city inspector may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of section 8-201, be fined in an amount not to exceed $100 or be imprisoned not to exceed 30 days or be both fined and imprisoned.  Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.  (Code 1987)

8-207.                          ABATEMENT.  In addition to, or as an alternative to prosecution as provided in section 8-206, 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 section 8-204 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-205, 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 10 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 section 8-209.  A copy of the resolution shall be served upon the person in violation in one of the following ways:

                                      (a)    Personal service upon the person in violation;

                                      (b)    Certified mail, return receipt requested; 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 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.

                                      (d)    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 twenty-four 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.  (Code 2011)

8-208.                          HEARING.  If a hearing is requested within the 10 day period as provided in section 8-205, 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 city inspector 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 matter provided in section 8-207.  (Code 1987)

8-209.                          COSTS ASSESSED.  If the city abates the nuisance pursuant to section 8-207, the cost of 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 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.  (Code 1987)

8-210.                          ANIMAL NUISANCES.  All livestock pens, lots or yards wherein any animal or animals are kept or enclosed shall be subject to the regulations of the city board of health which may adopt rules for the cleaning and maintenance of such places.  (Code 1971)

                                      Ref.:  See also section 2-105.

8-211.                          DEAD ANIMALS; UNLAWFUL ACTS.  It shall be the duty of all persons within 12 hours to remove or cause to be removed beyond the limits of the city the carcasses of all dead animals whether owned by them or within their enclosure, or in their possession or under their control.  It shall be unlawful for any such person to suffer or allow any dead animal to remain on any premises under their control longer than 12 hours following knowledge of the existence of such dead animals, or to drag or to deposit the same upon any other premises in the city, or in or upon any street, alley or other public place within the city except as it may be necessary in the removal of the carcass from the city.  (Code 1971)

8-212.                          SAME; VEHICLES.  No vehicle carrying or hauling any livestock, or any vehicle having been used for such purposes that contains any animal filth, manure, decaying animal or vegetable matter, which shall be offensive to the human senses and is a public nuisance, shall be parked more than two hours on the streets or alleys anywhere in the city following notice to the vehicle owner or operator.  In no case, however, shall such a vehicle be allowed to remain on the streets or alleys for a period of time longer than five hours following the bringing of a complaint to any law enforcement officer alleging a violation of this section.  Furthermore, no such vehicle shall be parked or left standing on any private premises in the city within 50 feet of any dwelling other than that of the owner or operator of the vehicle.  (Code 1971; Code 1983)

8-213.                          REMOVAL IN CERTAIN CASES.  Wherever any dead animal, other offensive matter, substance or annoying condition shall be determined by the city inspector to constitute a public nuisance within the city, for the removal or abatement of which no person can be held liable, it shall be the duty of the chief of police to cause the same to be removed or abated at the expense of the city.  (Code 1971)

ARTICLE 3. REFUSE COLLECTION

8-301.              DEFINITIONS.  For the purpose of this article the following definitions shall apply

                                      (a) Contractor shall mean a person with whom the city has a contract to collect and dispose of refuse;

                                      (b) Garbage shall mean the solid or semi-solid animal and vegetable waste resulting from the handling, preparation, cooling and serving of foods, including cans, bottles and cartons in which it was received and wrapping in which it may be placed for disposal;

                                      (c) Refuse shall mean all solid waste from residential, commercial or industrial premises.  It shall include semi-liquid or wet wastes with insufficient moisture and other liquid contents to be free flowing.  It shall not include, except for minor amounts incidental to other wastes and refuse resulting from building excavation, demolition, or remodeling work, or any construction work, nor shall it include stumps, tree trunks, tree trimmings, or limbs resulting from the cutting down, or the topping of any tree, regardless of who performs the work, nor shall it include refuse resulting from tornado, cyclone, extreme wind storms, ice storms, flood or other act of God, or the burning of any building.

8-302.                          COLLECTION; REFUSE, GARBAGE.  (a)  All refuse and garbage accumulated within the city shall be exclusively collected, conveyed and disposed of by the city or by contractors specifically authorized by the city to collect and dispose of refuse and garbage.

                                      (b) The city may provide refuse service upon request to persons residing outside the city who also receive one or more city utilities.  Such service outside the city shall be subject to all the requirements of this article the same as service within the city.  (Code 1983)

8-303.                          CONTRACTS.  The governing body of the city shall have the right to enter into a contract with any responsible person for collection and disposal of refuse and garbage.  Any such contracts shall provide for the collection and disposition of all refuse within the city.  The contract may be awarded to a responsible person following proper negotiation or after receiving bids, whichever, in the judgment of the governing body, shall seem proper.  Any contract for the collection and disposal of refuse as herein defined shall in no way conflict with the terms and conditions of this article.  (Code 1983)

8-304.                          BULK CONTAINERS.  (a)  Every person owning, managing, operating, leasing or renting any premises or place where garbage or refuse accumulates shall gather and store such refuse in bulk containers furnished by the city.  No more than four residences shall be serviced by a single container.

                                      (b) Whenever the volume of refuse is so great that a single residence requires a separate container, or whenever a single residence requests a separate container, the city may supply such container and bill the person making such request an additional monthly residential pickup charge.  (Code 1983)

8-305.                          SPECIAL COLLECTIONS.  Large bulky items such as furniture, large tree limbs and appliances that cannot be reduced to fit approved containers will be collected only by prior special arrangement with the city or the contractor.  (Code 1983)

8-306.                          ACCUMULATION; REFUSE, GARBAGE.  (a)  No person shall store, collect, maintain or display on private property, refuse or garbage that is offensive or hazardous to the health and safety of the public or which creates offensive odors or a condition of unsightliness.  Storage, collection, maintenance or display of wastes or solid wastes in violation of this section shall be considered to be a public nuisance.

                                      (b) No person shall permit to accumulate quantities of refuse, papers, trash, ashes, or other waste materials, within or close to any building unless the same is stored in containers in such a manner as not to create a health or fire hazard.  (Code 1983)

8-307.                          BURYING REFUSE, GARBAGE.  No person shall bury refuse at any place within the city or keep, place, or deposit refuse on any public or private grounds or premises, whatsoever, except in containers or receptacles for collection upon premises owned occupied, or under possession and control of such person.  This prohibition does not apply to lawn and garden trimmings which may be composted.  (Code 1983)

8-308.                          BURNING REFUSE, GARBAGE.  (a)  No person shall burn in any incinerator within the city any garbage, refuse, leather, rubber, plastic, green or wet vegetation, organic material, or any other substance which will produce dense smoke or unpleasant odor.

                                      (b) Ashes and residue from any incinerator or refuse burner may be placed in a container from which the city will collect refuse only when there is no possibility of fire resulting therefrom.  (Code 1983)

8-309.                          OWNERSHIP OF REFUSE MATERIALS.  Ownership of refuse materials, when placed in the containers by the occupants or owners of premises upon which refuse accumulated, shall be vested in the city, and shall thereafter be subject to the exclusive control of the city, its employees or contractors and no person shall meddle with or set fire to refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city limits.  (Code 1983)

8-310.                          UNAUTHORIZED DISPOSAL.  No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind, to any dumping place or site or area, within or without the corporate limits of the city, unless such place or site is operated by the contractor, the city, or is a sanitary landfill site, transfer point or disposal facility approved by the Kansas State Department of Health and Environment.  In addition, the site or facility must comply with all applicable health and zoning ordinances of the city.  (Code 1983)

8-311.                          HAZARDOUS MATERIALS.  No person shall deposit in a garbage or refuse container or otherwise offer for collection any hazardous garbage, refuse, or waste.  Hazardous materials shall be transported by the owner or his or her agent, to a place of safe deposit or disposal as prescribed by the outside utilities supervisor or his or her authorized representative.  Hazardous material shall include:

                                      (a) Explosive materials;

                                      (b) Rags or other waste soaked in volatile and flammable materials;

                                      (c) Drugs;

                                      (d) Poisons;

                                      (e) Radio-active materials, high combustible materials;

                                      (f) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;

                                      (g) Any other materials which may present a special hazard to collection or disposal personnel or equipment or to the public.  (Code 1983)

8-312.                          USE OF PUBLIC PROPERTY PROHIBITED.  No person shall throw, rake, deposit, dump, drop or spill litter, waste material or foreign material upon the street, sidewalks, or other public right-of-way within the city.  The mayor may at his or her discretion proclaim a period when leaves may be placed in street right-of-ways for collection.  Nothing in this article shall prevent any person under a permit from the city from encumbering the streets or alleys with building materials or earth as may be necessary for the purpose of constructing, erecting, adding to, remodeling, repairing any building or structure, or resulting from demolition operations.  In the event of such encumbering of the streets or alleys, the contractor, owner, or occupant shall act in compliance with Article 2 and 3 of Chapter 13 of this code.  (Code 1983)

8-313.                          ENTER PRIVATE PREMISE.  Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article.  (Code 1983)

8-314.                          REGULATIONS.  The governing body of the city may from time to time provide by resolution such rules and regulations as it may deem proper for the collection and disposition of solid waste.  (Code 1983)

8-315.                          AUTHORIZED PERSONS, NO FURTHER PERMIT.  Any person authorized by the city's solid waste contractor to remove or haul garbage or refuse, shall be considered to have met the provisions of this article, and no further permit or license shall be required by the city.  Nothing elsewhere contained in this article shall be construed as prohibiting construction contractors, tree surgeons, roofers and other private contractors, whose operations result in the accumulations of refuse, from hauling and disposing of accumulations of trash and rubbish resulting from their own operations:  Provided, that they shall at all times comply with the regulations and provisions of this article.  (Code 1983)

8-316.                          CHARGES; COLLECTION, DISPOSAL.  (a)  The city, in providing the service of collecting and disposing of all refuse accumulated within the city for the purpose of preventing unsanitary, unsightly, hazardous, unhealthful and dangerous conditions caused by the accumulation of garbage and refuse, shall establish and collect a service charge or fee to defray the cost and maintenance of service or to pay any person contracting with the city for the collection and disposal of garbage and refuse the fees and charges provided by the contract for the collection and disposal thereof.

                                      (b) Refuse collection fees shall be fixed by resolution and shall become effective upon publication of the resolution in the official city paper.  (Code 1983)

8-317.                          CHARGES TO BE ON WATER, UTILITY BILL.  All bills for refuse service charges shall be included on water or utility bills and no payment shall be accepted by the water department, except for the full amount billed for all services.  Delinquent refuse bills shall carry the due dates, grace periods and penalties the same as water bills.  (Code 1983)

8-318.                          DELINQUENT BILLS.  (a)  In the event the monthly service charge remains unpaid following the date such payment becomes due the city may enforce collection of such charges by bringing proper legal action against the occupant, the owner, or both, of any premises which has received such services, to recover any sums due for such services plus a reasonable attorney's fee to be fixed by the court.

                                      (b) In lieu of such action, the city may assess any unpaid refuse service charges as a special assessment against the property in the manner as provided by law for the collection of other special assessments.  (K.S.A. Supp. 65-65-4, 65-3410(a)(4); Code 1983)

8-319.                          PROHIBITED PRACTICE.  (a) It shall be unlawful for any person, firm or corporation to deposit solid waste in any container other than that provided by the city.  (Code 1983)

                                      (b) It shall be unlawful for any person, firm or corporation, not customers of the city’s refuse collection service, to deposit solid waste in the containers provided by the city.

ARTICLE 4. WEEDS

8-401.                          WEEDS TO BE REMOVED.  It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private.  All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided.  (Code 1987)

8-402.                          DEFINITIONS.  Weeds as used herein, means any of the following:

                                      (a)  Brush and woody vines shall be classified as weeds;

                                      (b)  Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

                                      (c)  Weeds which bear or may bear seeds of a downy or wingy nature.

                                      (d)  Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare;

                                      (e)  Weeds and grasses on or about residential property which because of its height, has a blighting influence on the neighborhood.  Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 12 inches in height.  (Code 2001)

8-403.                          CITY INSPECTOR; NOTICE TO REMOVE.  The governing body shall designate a city inspector to be charged with the administration and enforcement of this ordinance.  The city inspector or an authorized assistant shall notify in writing the owner, occupant or agent in charge of any premises in the city upon which weeds exist in violation of this ordinance, by certified mail, return receipt requested, or by personal service, once per calendar year.  Such notice shall include the following:

                                      (a) That the owner, occupant or agent in charge of the property is in violation of the city weed control law.

                                      (b) That the owner, occupant, or agent in charge of the property is ordered to cut the weeds within 10 days of the receipt of notice.

                                      (c) That the owner, occupant or agent in charge of the property may request a hearing before the governing body or its designated representative within five days of the receipt of notice.

                                      (d) That if the owner, occupant or agent in charge of the property does not cut the weeds, the city or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property.

                                      (e) That the owner, occupant or agent in charge of the property will be given an opportunity to pay the assessment, and, if it is not paid, it will be added to the property tax as a special assessment.

                                      (f) That no further notice shall be given prior to removal of weeds during the current calendar year.

                                      (g) That the city inspector should be contacted if there are any questions regarding the order.

                                      If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the city may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds on such property unless the new record owner of title to such property is provided notice as required by this section.  (Code 2001)

8-404.                          ABATEMENT; ASSESSMENT OF COSTS.  (a)  Upon the expiration of 10 days after receipt or publication or other service of the notice required by section 8-403, and in the event that the owner, occupant or person in charge of the premises shall neglect or fail to comply with the requirements of section 8-401, the city inspector or an authorized assistant shall cause to be cut, destroyed and/or removed all such weeds and abate the nuisance created thereby.

                                      (b) The city inspector or an authorized assistant shall give notice to the owner, occupant or agent in charge of the premises by certified mail, return receipt requested, of the costs of abatement of the nuisance.  The notice shall state that payment of the costs is due and payable within 30 days following receipt of the notice.

                                      (c) If the costs remain unpaid after 30 days following receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were so removed.  The city clerk shall certify the assessment to the county clerk at the time other special assessments are certified for spreading on the tax rolls of the county.  (K.S.A. 12-1617(f); Code 2001)

8-405.                          RIGHT OF ENTRY.  The city inspector, and the city inspector's authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of cutting, destroying and/or removing such weeds in a manner not inconsistent with this article.  (Code 1987)

8-406.                          UNLAWFUL INTERFERENCE.  It shall be unlawful for any person to interfere with or to attempt to prevent the city inspector or the city inspector's authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction.  Such interference shall constitute a code violation.  (Code 1987)

8-407.                          NOXIOUS WEEDS.  (a)  Nothing in this article shall affect or impair the rights of the city under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

                                      (b) For the purpose of this section, the term noxious weeds shall mean kadzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense).  (K.S.A. 2-1314; Code 1987)

ARTICLE 5. JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY

8-501.                          FINDINGS OF GOVERNING BODY.  The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:

                                      (a) Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

                                      (b) Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jack or other supports;

                                      (c) Are a ready source of fire and explosion;

                                      (d) Encourage pilfering and theft;

                                      (e) Constitute a blighting influence upon the area in which they are located;

                                      (f) Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.  (Code 1991)

8-502.                          DEFINITIONS.  As used in this article, unless the context clearly indicates otherwise:

                                      (a) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;

                                      (b) Vehicle means, without limitation, any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.  (Code 1991)

8-503.                          NUISANCES UNLAWFUL; DEFINED; EXCEPTIONS.  It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.

                                      (a) A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of city ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition.  Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable:

                                                (1) Absence of a current registration plate upon the vehicle;

                                                (2) Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;

                                                (3) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

                                      (b) The provisions of this section shall not apply to:  (1) any motor vehicle which is enclosed in a garage or other building; (2) to the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or (3) to any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children.  However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.  (Code 1991)

8-504.                          CITY INSPECTOR.  The mayor with the consent of the city council shall designate a city inspector to be charged with the administration and enforcement of this article.  (Code 1991)

8-505.                          COMPLAINTS; INQUIRY AND INSPECTION.  The city inspector shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons 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 city inspector 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 city inspector shall make a written report of findings.  (Code 1991)

8-506.                          RIGHT OF ENTRY.  The city inspector has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.  (Code 2001)

8-507.                          NOTICE.  Any person found by the city inspector to be in violation of section 8‑503 shall be served a notice of such violation.  The notice shall be served by certified mail, return receipt requested; or by personal service.  (Code 2001)

8-508.                          SAME CONTENTS.  The notice shall state the condition(s) which is (are) in violation of section 8-503.  The notice shall also inform the person, corporation, partnership or association that

                                      (a) He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of 8-503; or

                                      (b) He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by section 8-512;

                                      (c) Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-509 and/or abatement of the condition(s) by the city as provided by section 8-510.  (Code 1991)

8-509.                          FAILURE TO COMPLY; PENALTY.  Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing the city inspector may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of section 8-503 be fined in an amount not to exceed $100 or be imprisoned not to exceed 30 days or be both fined and imprisoned.  Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.  (Code 1991)

8-510.                          ABATEMENT.  In addition to, or as an alternative to prosecution as provided in section 8-509, the city inspector may seek to remedy violations of this article in the following manner.  If a person to whom a notice has been sent pursuant to section 8-507 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-508, the city inspector may present a resolution to the governing body for adoption authorizing the city inspector or other agents of the city to abate the conditions causing the violation at the end of 10 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 section 8-513.  A copy of the resolution shall be served upon the person in violation in one of the following ways:

                                      (a) Personal service upon the person in violation;

                                      (b) Certified mail, return receipt requested; 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 city inspector 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.  (Code 2001)

8-511.                          DISPOSITION OF VEHICLE.  Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be as provided by K.S.A. Supp. 8-1102, as amended.  (Code 1991)

8-512.                          HEARING.  If a hearing is requested within the 10 day period as provided in section 8-508, 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 city inspector 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 matter provided in section 8-510.  (Code 1991)

8-513.                          COSTS ASSESSED.  If the city abates the nuisance pursuant to section 8-510, the cost of 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 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.  (Code 1991)

ARTICLE 6. RODENT CONTROL

8-601.                          DEFINITIONS.  For the purpose of this article, the following words and phrases shall have the following meanings:

                                      (a) Building.  Any structure, whether public or private, that is adapted for occupancy as a residence, the transaction of business, the rendering of professional services, amusement, the display, sale or storage of goods, wares or merchandise or the performance of work or labor, including office buildings, public buildings, stores, theaters, markets, restaurants, workshops and all other houses, sheds and other structures on the premises used for business purposes.

                                      (b) Occupant.  The person that has the use of, controls or occupies any business building or any portion thereof, whether owner or tenant.  In the case of vacant business buildings or any vacant portion of a business building, the owner, agent or other person having custody of the building shall have the responsibilities of an occupant of a building.

                                      (c) Owner.  The owner of any building or structure, whether individual, firm, partnership or corporation.

                                      (d) Rat harborage.  Any condition which provides shelter or protection for rats, thus favoring their multiplication and continued existence in, under or outside a structure of any kind.

                                      (e) Rat stoppage.  A form of rat-proofing to prevent the ingress of rats into buildings from the exterior or from one building to another.  It consists essentially of the closing of all openings in the exterior walls, ground or first floors, basements, roofs and foundations, that may be reached by rats from the ground by climbing or by burrowing, with material or equipment impervious to rat-gnawing.  (Code 1983)

8-602.                          BUILDING MAINTENANCE.  All buildings and structures located within the present or future boundaries of the city shall be rat-stopped, freed of rats and maintained in a rat-stopped and rat-free condition.  (Code 1983)

8-603.                          RAT-STOPPAGE OF BUILDING.  Upon the receipt of written notice from the city inspector, the owner of any building or structure specified therein shall take immediate measures for the rat-stoppage of such building or structure and the work shall be completed in the time specified in the written notice or within the time of any written extension thereof as may be granted by the board of health.  If the owner fails to comply with such written notice or extension, then the city inspector is authorized to take such action as may be necessary to completely rat-stop the building or structure at the expense of the owner.  The expense thereof shall include the cost of labor, materials, equipment and any other expense necessary for rat-stoppage.  (Code 1983)

8-604.                          REPLACE RAT-STOPPAGE.  It shall be unlawful for any occupant, owner, contractor, public utility company, plumber or any other person to remove the rat-stoppage from any building or structure for any purpose and fail to restore the same in a satisfactory condition or to make any new openings that are not closed or sealed against the entrance of rats.  (Code 1983)

8-605.                          NOTICE TO ERADICATE RATS.  Whenever the city inspector notifies in writing the occupant of any building or structure that there is evidence of rat infestation of the buildings or structures, the occupant shall immediately institute appropriate measures for freeing the premises so occupied of all rats.  (Code 1983)

8-606.                          ACCUMULATION OF GARBAGE.  It shall be unlawful for any person to place, leave, dump or permit to accumulate any garbage or trash in any building or premises so that the same shall afford food or harborage for rats.  It shall be unlawful for any person to accumulate or to permit the accumulation on any premises and on any open lot any lumber, boxes, barrels, bricks, stones or similar materials that may be permitted to remain thereon and which are rat harborages.  (Code 1983)

ARTICLE 7. ENVIRONMENTAL CODE

8-701.                          TITLE.  This article shall be known as the "Environmental Code."  (Code 1987)

8-702.                          LEGISLATIVE FINDING OF FACT.  The governing body has found that there exist 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.  (Code 1987)

8-703.                          PURPOSE.  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.  (Code 1987)

8-704.                          RULES OF CONSTRUCTION.  For the purpose of this article, the following rules of construction shall apply:

                                      (1) 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."

                                      (2) Gender - Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.

                                      (3) Number - Words of number shall be construed to mean singular or plural, as may be applicable.

                                      (4) Tense - Words of tense shall be construed to mean present or future, as may be applicable. 

                                      (5) Shall - The word shall is mandatory and not permissive.  (Code 1987)

8-705.                          DEFINITIONS.  The words and phrases listed below when used in this article shall have the following meanings:

                                      (1) Abandoned Motor Vehicle - any motor vehicle which 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 code; or incapable of moving under its own power; or in a junked or wrecked condition.

                                      (2) 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.

                                      (3) Commercial or Industrial - used or intended to be used primarily for other than residential purposes. 

                                      (4) Dilapidation, Deterioration or Disrepair - shall mean 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.

                                      (5) Exterior - those parts of a structure which 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.

                                      (6) 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.

                                      (7) 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.

                                      (8) 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.

                                      (9) Refuse - garbage and trash.

                                      (10) Residential - used or intended to be used primarily for human habitation.

                                      (11) 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.

                                      (12) 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.

                                      (13) Weathered - deterioration caused by exposure to the elements.

                                      (14) Yard - the area of the premises not occupied by any structure.  (Code 1987)

8-706.                          CITY INSPECTOR.  The governing body shall designate the city inspector to be charged with the administration and enforcement of this article.  (Code 1987)

8-707.                          ENFORCEMENT STANDARDS.  No person shall be found in violation of this article unless the city inspector, 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 section 8-708 but shall not include conditions which are not readily visible from any public place or from any surrounding private property.  (Code 1987)

8-708.                          UNLAWFUL ACTS.  It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city.  For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:

                                      (a) 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:

                                                (1) lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;

                                                (2) abandoned motor vehicles; or

                                                (3) furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property.

                                                (4) nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner.

                                                (5) Exterior conditions (structure) shall include, but not be limited to, deteriorated, dilapidated, or unsightly:

                                                          (1) exteriors of any structure;

                                                          (2) exteriors of any accessory structure; or

                                                          (3) fences, walls, or retaining walls.  (Code 1987)

8-709.                          NOTICE.  Any person found by the city inspector to be in violation of section 8-708 shall be sent a notice of such violation. The notice shall be sent by certified mail, return receipt requested.  The notice shall state: 

                                      (a) The condition which has caused the violation of this article; and

                                      (b) That the person in violation shall have:

                                                (1) 15 days from the date of the mailing of the notice to alleviate the exterior conditions (yard) violation; and/or;

                                                (2) 45 days from the date of the mailing of the notice to alleviate the exterior conditions (structure) violation; or in the alternative to subsections (1) and (2) above,

                                                (3) 15 days from the date of the mailing of the notice to request, as provided in section 8-712 a hearing before the governing body on the matter; and

                                      (c) That failure to alleviate the condition or to request a hearing may result in prosecution under section 8-710 and/or abatement of the condition by the city according to section 8-711 with the costs assessed against the property under section 8-714.  (Code 2001)

8-710.                          PENALTY.  The city inspector may file a complaint in the municipal court against any person found to be in violation of section 8-708, provided however, that such person shall first have been sent a notice as provided in section 8-709 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 section 8-709.  Upon such complaint in the municipal court, any person found to be in violation of section 8-708 shall upon conviction be punished by a fine of not less than $50 nor more 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.  (Code 1987)

8-711.                          ABATEMENT.  In addition to, or as an alternative to, prosecution as provided in section 8-710, the city inspector may seek to remedy violations of this article in the following manner.  If a person to whom a notice has been sent pursuant to section 8-709 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-709, the city inspector may present a resolution to the governing body for adoption authorizing the city inspector or other agents of the city to abate the conditions causing the violation at the end of 20 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 8-714.

                                      A copy of the resolution shall be served upon the person in violation in one of the following ways:

                                      (a) Personal service upon the person in violation;

                                      (b) Certified mail, return receipt requested; 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 city inspector 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 conditions exist.  (Code 2001)

8-712.                          HEARING BEFORE GOVERNING BODY.  If a hearing is requested within the 15 day period as provided in section 8-709 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 city inspector before 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 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 8-711.  (Code 1987)

8-713.                          APPEALS.  Any person affected by any determination of the governing body under sections 8-711 or 8-712 may appeal such determination in the manner provided by K.S.A. 60-2101.  (Code 1987)

8-714.                          COSTS ASSESSED.  If the city abates the conditions in violation of this article pursuant to section 8-711, the cost of abatement shall be charged against the lot or parcel of ground on which the conditions were located.  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 and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.  (Code 1987)

8-715.                          CONSTRUCTION.  Nothing in this article 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 article shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.  (Code 1987)

ARTICLE 8.  DANGEROUS AND UNSAFE STRUCTURES

8-801.                          PURPOSE. The governing body of the city has determined that there exists within the corporate limits of the city, structures which are dangerous, unsafe and unfit for human use or habitation due to dilapidation, defects increasing the hazard of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities or other conditions which render such structures unsafe, unsanitary, or otherwise inimical to the welfare of the residents of the city. It is hereby deemed necessary by the governing body to require or cause the repair, closing, demolition or removal of such structures in the manner hereinafter provided. (K.S.A. 12‑1750:1756; 17‑4759, Code 1983)

8-802.                          DEFINITIONS. For the purpose of this article the following words or terms shall have the following meanings:

                                      (a) Structure. Any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground and shall include mobile homes.

                                      (b) Residential Structure. Any building, dwelling, structure, or part thereof used and occupied for human habitation, or intended to be so used, and including any appurtenances belonging thereto, or usually enjoyed therewith.

                                      (c) Nonresidential Structure. Any structure which is used for other than residential purposes, or a structure, a part of which is used for other than nonresidential purposes and where applicable, the premises on which such structures are situated.

                                      (d) Public Officer. The city inspector. (Code 1971, 4‑503; Code 1983)

8-803.                          UNFIT FOR HUMAN HABITATION. A structure shall be declared unfit for human habitation when the public officer finds that conditions exist in such structure which are dangerous or injurious to the health, safety or morals of the occupants of such buildings or other residents of the municipality, or which have a blighting influence on properties in the area. (K.S.A. 17‑4759; Code 1983)

8-804.                          DUTY OF PUBLIC OFFICER. The public officer shall:

                                      (a) Inspect any building, wall or other structure which appears to be unsafe, dangerous or unfit for human habitation;

                                      (b) Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Such entries shall be made in a manner as to cause the least possible inconvenience to the persons in possession of the structure. If such entry is refused, the public officer may seek an order for this purpose from a court of competent jurisdiction;

                                      (c) Report all structures which he or she believes to be dangerous, unsafe or unfit for human habitation to the governing body of the city;

                                      (d) Receive petitions and serve all notices against property owners as required by this article;

                                      (e) Have authority to fix the duties of such deputies, agents and employees as he or she deems necessary to carry out the purposes of this article. (K.S.A. 17‑4759(f), Code 1983)

8-805.                          ENFORCING OFFICER. The public officer as defined in section 8-802(d) is hereby designated as the "enforcing officer" of the city and is charged with the administration of the provisions of K.S.A. 12‑1750 to 12‑1756, inclusive, being an act authorizing cities to cause the repair or removal or to remove dangerous and unsafe structures. (K.S.A. 12‑1750; Code 1983)

8-806.                          PROCEDURE; RESOLUTION. (a) Whenever a petition is filed with the public officer by at least five residents of the municipality charging that any structure is unfit for human use or habitation or whenever it appears to the public officer on his or her own motion that any structure is unfit for human use or habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, report such findings to the governing body.

                                      (b) The governing body, upon receiving such report, shall by resolution fix a time and place at which the owner, his or her agent, any lienholder of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished. (K.S.A. 12‑1752, 17‑4759(b)(2), Code 1983)

8-807.                          SAME; PUBLICATION. (a) Such resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hearing.

                                      (b) A copy of said resolution shall be mailed by certified mail within three days after its first publication to each owner, agent, lienholder and occupant at his/her or its last known place of residence and shall be marked "deliver to addressee only."

                                      (c) If the owner is a resident of Stevens County, the resolution shall be personally served within five days on such owner or delivered to his/her last known address in lieu of mailing the same. In this case, at least 10 days shall elapse between the service on such owner and the date set for hearing. (K.S.A. 12‑1752; 17‑4759(d), Code 1983)

8-808.                          HEARING, ORDERS. (a) If, after notice and hearing, the governing body determines that the structure under consideration is dangerous or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof an order directing such owner to either repair or demolish the structure as provided in section 8-809.

                                      (b) The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be razed and removed. (Code 1983)

8-809.                          DUTY OF OWNER. (a) Whenever any structure located within the limits of the city shall be found to be dangerous or unsafe, it shall be and is hereby made the duty and obligation of the owner of such property to render the same secure and safe or to remove the same.

                                      (b) If the repair, alteration, or improvement of the said structure can be made at a cost which shall not exceed 50 percent of the fair market value of said structure, the owner of said property shall, within the time specified in the order, repair, alter or improve such structure to render it safe and fit for human use or habitation, or shall vacate and close the structure until such time as he/she has complied with the order.

                                      (c) If the repair, alteration or improvement of the structure cannot be made at a cost of 50 percent or less of its fair market value, the owner shall, within the time specified in said order, remove or demolish such structure. (Code 1983)

8-810.                          FAILURE TO COMPLY. If the owner of any structure has failed to commence the repair, vacation or removal of such structure within the time stated in the order, or has failed to diligently prosecute the same thereafter, the public officer may cause such structure to be repaired, vacated or removed as required in the order. (Code 1983)

8-811.                          MAKE SITE SAFE. Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition. If the owner fails to take such action, the public officer may proceed to fill such excavation and make the site safe and the cost of so doing shall be assessed against the property as provided in section 8-812. (Code 1983)

8-812.                          ASSESSMENT OF COSTS. (a) The cost to the city of such repairs, alterations, improvements, vacating, removal or demolition by the public officer shall be reported to the city clerk.

                                      (b) The city clerk may sell any salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. Any proceeds in excess of that required to recover such costs shall be paid to the owner of the premises upon which the structure was located.

                                      (c) If the proceeds of the sale of such salvage is insufficient to recover the city's costs, or if there be no salvage, the city clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs to the county clerk who shall extend the same on the tax rolls of the county. (K.S.A. 12‑1755; 17‑4759; Code 1983)

8-813.                          IMMEDIATE HAZARD. When in the opinion of the public officer, any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, such officer may erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise made safe without delay. Such action may, under such circumstances be taken without prior notice to or hearing of the owners, agency, lienholders and occupants. The cost of any such action shall be assessed against the property as provided in section 8-812. (K.S.A. 12‑1756; Code 1983)

8-814.                          APPEALS TO DISTRICT COURT. Any person affected by an order issued by the governing body under this article may, within 30 days following the service of such order, petition the district court of Stevens County for an injunction restraining the public officer from carrying out the provisions of the order pending the final disposition of the case. (K.S.A. 17‑4759; Code 1983)

ARTICLE 9. OIL AND GAS WELLS DRILLING REGULATIONS

8-901.                          PURPOSE AND SCOPE. (a) For the purpose of promoting the public health, safety, sanitation and welfare and in order to preserve the beauty of the city, all mining, drilling, developing, and prospecting for oil, gas and other minerals within the corporate limits of the city is hereby restricted and regulated in accordance with the terms and conditions hereinafter set forth. (Code 1971, 10‑101; Code 1983)

                                      (b) The provisions of this article shall not apply to drilling, developing or prospecting for oil, gas or other minerals engaged in by the city or by other parties when such parties are acting as agents or employees of the city.

8-902.                          DRILLING PERMITS. (a) No individual, partnership, or corporation shall commence the drilling of a well for oil or gas within the corporate limits of the city, without first procuring from the governing body of the city, a permit to be issued in accordance with the terms and conditions of this article.

                                      (b) No permit shall be available either as to drilling of such well or as to production therefrom without consent of the governing body. (Code 1971, 10‑102, 105)

8-903.                          APPLICATION FOR PERMITS. Before any permit shall be granted for the commencement of drilling operations of a well for the production of oil and gas, an application therefor shall be filed with the city clerk, together with an application fee of $50. Such application shall show:

                                      (a) The applicant has valid oil and gas leases from property owners or their assigns encompassing ten or more contiguous acres;

                                      (b) A copy of the agreement between the lessee or lessees and the lessors, if more than one, providing for the pooling of all royalties arising from the production on the tract, to be distributed to the property owners or their assigns in accordance with the number of acres owned by each lessee in the tract;

                                      (c) The application shall be accompanied by a plat or map of such tract showing the proposed location of the well which location shall be at least 500 feet from any residential dwelling or business building, unless the record title holder of the property and all mortgagees shall authorize in writing the drilling within the above set forth limit and the same is approved by a four‑fifths vote of the governing body. No such location shall be upon the public streets and alleys. The map shall show the location of each residence and all other improvements upon the tract. (Code 1971, 10‑103)

8-904.                          SAME; DRILLING AGREEMENT. Each application also shall contain copy of a drilling agreement providing adequate protection to the parties in interest:

                                      (a) By enclosing the drilling rig on all sides and equipping the same with adequate safety equipment, including fire extinguishers in good working order;

                                      (b) An agreement providing a plan for adequate disposal of brine and other fluid wastes from any producing well by piping and removing the same from within the city or by disposal wells and in such a manner as to prevent pollution of fresh water supplies, damage from contamination of the soil, and emission of unpleasant odors;

                                      (c) An agreement to erect a building around the producing well after the completion thereof of the same general construction, material and design as the surrounding buildings. All plans and specifications must be approved by the governing body prior to the erection of the buildings;

                                      (d) Proper plugging of abandoned or nonproducing wells to prevent damage by pollution or contamination of fresh water supplies and soil;

                                      (e) The casing off of all salt water by means of concrete extending from the surface of the earth to a depth of approximately five feet into the anhydrate or the formation comparable thereto.

                                      (f) All work to be done in a good and workmanlike manner to prevent any and all damage as above set forth;

                                      (g) Any and all slush and salt water pits and storage of products produced therefrom within the corporate limits of the city is absolutely prohibited.

                                      (h) An agreement in writing to guarantee to restore the drilling site of any and all nonproductive nonproducing wells or dry holes to the original condition as nearly as practicable as determined by the governing body. (Code 1971)

8-905.                          BOND; INSURANCE. (a) Any applicant hereunder shall furnish a bond, to be deposited with the city clerk, executed by the individual making the request and a surety company authorized to do business within the State of Kansas in the amount of $30,000 to guarantee compliance with all plans, all conditions of the permit, all provisions of this article and any other ordinance passed with reference thereto. The bond shall be renewed 30 days prior to its expiration date for each year that the permit is in force and effect.

                                      (b) The applicant shall provide insurance by some responsible insurance company authorized to do business within the State of Kansas against injury, loss, or damage for which the applicant may be liable when suffered by anyone as a result of the applicant's drilling, pumping, or maintenance of any well or any other structure or machinery appurtenant thereto. A copy of the policy of insurance shall be deposited with the city clerk, together with the certificate by the insurance company that such insurance is in effect, and shall not be canceled without 30 days' written notice thereof to the city.

                                      (c) Insurance shall be in the following amounts:

                                                (1) $100,000 for injury to any person in any one accident;

                                                (2) $300,000 for injury to more than one person in any one accident;

                                                (3) $100,000 for loss or damage to property in any one accident.  (Code 1971)

8-906.                          EXISTING WELLS. Nothing in this article shall affect the right of any individual, partnership, or corporation from maintaining, operating or producing minerals from any gas well now in production, or the drilling of a new gas well or wells within 500 feet of any present gas well location, or the drilling of any present gas well or wells to a deeper sand without complying with the terms of this article. (Code 1971, 10‑107)

8-907.                          WELLS OUTSIDE CITY. Nothing in this article shall prevent the authorized lessee of any mineral interest in and under the city from utilizing the mineral interests by drilling wells outside the corporate limits of the city and producing minerals from the lease by whipstocking. (Code 1971)

8-908.                          REVOCATION OF PERMITS. The governing body may upon hearing, after three days' notice to the individual, partnership, or corporation committing any substantial violation of any provision of this article and of the permit issued hereunder, or after the expiration of three days from the date of publication of notice of hearing in a newspaper authorized to publish legal publications in the city, revoke such permit, license or authorization. The governing body is not required to revoke a permit if, in the judgment of the governing body, restitution is made for any damage occasioned by such violation together with adequate provisions to prevent any further violation. (Code 1971)

 

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