Chapter 7 · Health and Welfare

Article 2. Health Nuisances

Sections 7-201 to 7-211 · 13 sections

7-201 Abatement of nuisances.

The governing body of any city shall have the power to have removed or abated from any lot or parcel of ground within the city any and all nuisances, including rank grass, weeds of other vegetation and shall have the power to cause to be drained any pond or ponds of water, at the cost and expense of the owner of the property on which the nuisance is located, whenever the city, county, or joint board of health or other agency as may be designated by the governing body of the city files with the clerk of such city its statement in writing that such nuisance, rank vegetation, or pond water, describing the same and where located, is a menace and dangerous to the health of the inhabitants of the city, or of any neighborhood family, or resident of the city. The governing body of the city by resolution, also may make such determination.

(Ord. 1220; Code 2017)

7-201.1 Complaints; inquiry and inspection.

The codes officer 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 any health official, chief of police, fire chief or social worker. 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 codes officer shall make a written report of findings.

(Ord. 1338; Code 2017)

7-202 Notice of violation; authority to issue notice to appear.

Any person, corporation, partnership or association found by the codes officer to be in violation of this Article shall be sent a Notice of Violation by the codes officer. The Notice of Violation shall state:

(a)The address where the condition exists; and;

(b)The condition(s) which is (are) described as a nuisance or is (are) in violation of this Article.

(c)That the person in violation shall have ten (10) calendar days from the date of serving the Notice of Violation to alleviate any nuisance violation of the Article.

(d)That the person in violation shall have ten (10) days from the serving of the notice to request an extension of time to abate, from the codes officer of the matter as provided by Section 7-210.

(e)That the person in violation may enter into a written agreement with the City to alleviate the nuisance violation within a specified time limit if the codes officer believes an extended period of time is warranted. If the person fails to eliminate the violation under the terms of the agreement the person will be served a Notice to Appear in municipal court.

(f)That failure to alleviate the condition will result in either abatement of the condition by the city with the costs assessed against the property under Section 7-208 or the person being served a Notice to Appear in municipal court for adjudication of the violation.

(Ord. 1220; Ord. 1329; Ord. 1338; Code 2017)

7-203 Definitions.

Nuisance is defined to be an annoyance; any use of property by one which gives offense to or endangers the life or health of another, violates the laws of decency, unreasonably pollutes the air with foul, noxious odors or smoke, or obstructs the reasonable and comfortable use and enjoyment of the property of another and includes but is not limited to, the following:

(a)Stagnant ponds or pools of water;

(b)Grass taller than 12 inches;

(c)Rank vegetation;

(d)Dead animals allowed to remain twenty-four (24) hours or more after death;

(e)Any junked, wrecked or inoperable vehicle;

(f)Any accumulation of filth, excrement, lumber, rocks, tires, dirt, or any open pit from which rocks or dirt, or both have been removed, and any accumulation of refuse or garbage;

(g)Any icebox, refrigerator, or other container, which remains outside of any dwelling, building, or other structure or within any unoccupied or abandoned building, structure, or dwelling, in a place accessible to children, any abandoned, unattended, or discarded icebox, refrigerator, or other container which has a door or lid, snap lock or other locking device which may not be released from the inside, without first removing said door or lid, snap lock, or other locking device;

(h)Structures, temporary or otherwise, stationary, or moveable, which are situated upon any public way;

(i)Any other condition which is specifically declared to be a nuisance by any other provision now or hereinafter enacted and incorporated into the La Cygne City Codes which is, or in combination are, a menace and dangerous to the health of the inhabitants of the City or of any neighborhood, family, or resident of the City.

(j)Yard Waste. It shall be unlawful for any person to deposit yard waste in or upon any public right-of-way, street, alley, water or grounds in the City. Yard waste, such as; tree limbs, leaves, grass and/or weeds may be burned between sunrise and sunset as defined in Chapter VII, Article 4, Section 7-407(e).

(Code 1988; Ord. 1220; Ord. 1329; Code 2017; Ord. 1522)

7-204 Legislative authority.

The governing body, pursuant to K.S.A. 12-1617g, is granted the power to pass and adopt all ordinances that are necessary to carry into effect the provisions of this act. and to provide penalties for the violation of the provisions of such ordinances not inconsistent with the provisions of this act.

(K.S.A. 12-1617g; Ord. 1220; Code 2017)

7-205 Service of notices.

All written notices required to be given under the provisions of this article may be served by any one, or any combination thereof, of the following manners:

(a)By personal delivery at such owner’s residence, with an individual 18 years of age or older being a member of the family or cohabitant, or at such person’s place of business.

(b)By certified mail, return receipt requested to the owner in violation and the owner if city abatement is assessed to the property; or;

(c)In the case of a hearing order or court order ordering abatement where the whereabouts of such owner are unknown and the same cannot be ascertained in the exercise of reasonable diligence, and affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the hearing order or court order 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.

(Ord. 1338; Ord. 1374; Code 2017)

7-205.1 Failure to accept or effectuate receipt of notice.

If the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice sent pursuant to section 7-202 and section 7-205, the City may, in lieu of section 7-207 and pursuant to K.S.A. 12-1617e(c), provide notice of the issuance of any further orders to abate or remove a nuisance from such property in the manner provided by section 7-205 or as provided in this section. Except as specifically provided in this section, the City may provide notice of the order by such methods including, but not limited to: door hanger; 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 to the owner’s last known address. Notice provided pursuant to this section shall not constitute an extension of time to the original order to abate and the city may proceed to abate those things described in the original order.

(Ord. 1374; Code 2017)

7-206 Hearing.

If the recipient of the notice of violation makes a written request for a hearing within the notice period, then the city shall immediately schedule a hearing during a regular business day and not later than ten (10) calendar days from the receipt of the written request. The hearing shall be conducted by the codes officer or a designated hearing officer appointed by the City Council who shall not be an employee of the city. The hearing officer shall receive evidence, review the investigation and prepare a written order. The order shall be served to all relevant parties per section 7-205 within five (5) calendar days of the hearing and prior to the city taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific code provisions being relied upon should a violation be found, and state any such other stipulations, methods of abatement or orders as deemed necessary by the hearing officer. This includes the authority of the hearing officer to issue a Notice to Appear in municipal court for adjudication of the violation.

(Ord. 1338; Code 2017)

7-207 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 codes officer may file a complaint in the municipal court and serve a Notice to Appear against any person who receives a Notice of Violation and does not correct the violation(s) within the allotted time and who does not request a hearing as described in section 7-206 or against any person that has failed under the terms of an agreement to eliminate the nuisance. Upon such complaint in the municipal court, any person found to be in violation of this Article, shall upon conviction be punished by a fine as set in the city’s fee resolution. 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. If upon conviction of a nuisance hereinunder and it appears to the court that the nuisance complained of its continuing, the court may enter such order as it shall deem appropriate to cause the nuisance to be abated.

(Ord. 1338; Code 2017)

7-208 Costs assessed.

If the city abates the conditions in violation of this Article, the cost of abatement shall be charged against the premises on which the conditions were located. The city shall give notice to the owner or agent by certified mail, return receipt requested, of the total cost of such abatement or removal incurred by the city. Such notice also shall state that payment of such cost is due and payable within thirty (30) days following receipt of such notice. The city also may recover the cost of providing notice, including any postage, required by this section. If the cost of such removal or abatement and notice is not paid within the thirty (30) day period, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located. If the cost is to be assessed, the city clerk at the time of certifying other city taxes to the county clerk, shall certify the costs as provided in this Article. 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 taxes are collected and paid. The City in lieu of or in conjunction with may use any other method of collecting the city’s cost of abatement as is allowed by law.

(Ord. 1338; Code 2017)

7-209 Abatement.

In addition to, or as an alternative to prosecution as provided in Section 7-207 of this article, the public officer may seek to remedy violations of this section by any one, or any combination thereof, of the following manners:

(a)If an owner to whom a notice has been sent pursuant to Section 7-205 of this article has not alleviated the conditions causing the alleged violation, 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 ten (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 7-208 of this article. A copy of the resolution shall be served according to Section 7-205; or

(b)If an owner to whom a notice has been sent as provided in Sections 7-202, 7-205 and 7-205.1 of this article has not alleviated the conditions causing the alleged violation, the public officer or other agents of the city may proceed to abate the conditions causing the violation at the end of the original ten (10) day period in accord with the original written notice per section 7-205.1; or

(c)The city may also initiate court proceedings to force the abatement of nuisance.

(Ord. 1338; Ord. 1374; Code 2017)

7-210 Extension of time.

The public officer may grant a reasonable extension of time to comply with the nuisance abatement prior to issuing a complaint in municipal court pursuant to Section 7-207 of this article or presenting a resolution to the governing body for abatement, as provided in Section 7-209 of this article, provided that a good faith effort is being made to abate the nuisance. Prior to adoption of the presented resolution, the governing body may grant a reasonable extension of time to abate the nuisance.

(Ord. 1338; Code 2017)

7-211 Emergency abatement.

In order to enforce the provisions of the Article when the Codes Officer determines that the severity of the violation warrants immediate action, he/she may cause the clean up or abate the violation thereof by any appropriate means. The cost of such emergency cleanup or abatement may be recovered by the City as proved in the Article. Such emergency cleanup or abatement will not relieve the person of further action which may be taken by the City including but not limited to, liability for any violations of this Article or any other applicable provisions of state law and local ordinances.

(Ord. 1220; Ord. 1338; Code 2017)