ORDINANCE NO 835
AN ORDINANCE DECLARING CERTAIN MATTERS AS NUISANCES WITHIN THE CITY OF MEADE, KANSAS; PROVIDING FOR THE REMOVAL OR ABATEMENT OF NUISANCES; AUTHORIZING THE ASSESSMENT OF COSTS AND PROVIDING FOR PENALTIES; AND REPEALING ALL OTHER ORDINANCES OR PARTS THEREOF OF THE CITY OF MEADE, KANSAS, IN CONFLICT HEREWITH AND REPEALING ORDINANCE NO 771.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS:
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; uncleanly and/or unsightly lumber, rock and sand piles, dirt debris, construction materials, cans, bottles, paper, trash, metal; stored or parked materials, equipment, supplies, machines, vehicles or parts thereof; any condition or conditions that attracts, shelters, harbors rodents, insects, animal odors, smells, fumes; or any other offensive or disagreeable thing or substance thrown, left, abandoned, placed or deposited upon any premises, parcel, lot public or private enclosure, 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, refrigerators or appliances outside of structure;
(g) All articles or things whereby the quantity, condition, arrangement, or appearance causes significant injury, annoyance, health risk, inconvenience, or general blight upon the neighborhood or surrounding properties;
(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;
PUBLIC OFFICER; DUTIES. The mayor, with Council approval, shall designate a public officer to be charged with the administration and enforcement of this ordinance. The public officer shall give reasonable consideration to factors such as duration of condition, property zoning, visibility (location on property), and general condition of neighborhood to determine if violation is significant.
COMPLAINTS; INQUIRY AND INSPECTION. The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by five 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 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.
RIGHT OF ENTRY. It shall be a violation of this ordinance to deny the public officer 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.
NOTICE. Any person, corporation, partnership or association found by the public officer to be in violation of Section 1 shall be served a notice of such violation. The notice shall be served by restricted mail, postage prepaid, return receipt requested; provided, that if the owner or his or her agent in charge of the property is a resident of Meade County, Kansas the notice may be served by the public officer or a law enforcement officer.
SAME; CONTENTS. The notice shall state the condition (s) which is (are) in violation of Section 1. 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 Section 1; 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 9.
(c) Failure to abate the condition (s) or to request a hearing within the time allowed may result in prosecution as provided by Section 7 and/or abatement of the condition (s) by the city as provided by Section 8.
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 public officer may file a complaint in a municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of Section 1, be fined in an amount not to exceed $500 per day or be imprisoned not to exceed 30 days or be both fined and imprisoned.
ABATEMENT. In addition to, or as an alternative to prosecution as provided in Section 7, the public officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to Section 5 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in Section 6, 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 10. 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) Service by restricted mail, postage prepaid, 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 the 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 conditions exists.
HEARING. If a hearing is requested within the 10 day period as provided in Section 6, 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 personís right to contest the findings of the public officer 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 council, 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.
COSTS ASSESSED. If the city abates the nuisance pursuant to Section 8, 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 cost 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.
That all other ordinances of the City of Meade, Kansas, or parts thereof in conflict herewith are hereby repealed.
This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.
ADOPTED AND APPROVED by the Governing Body, this 12th day of September, 2011.
Richard Knott, Mayor
Tiffany Neel, City Clerk
|The City of Meade
132 South Fowler
PO Box 338
Meade, KS 67864-0338
Ph. (620) 873-2091
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