There is hereby incorporated by reference of the purpose of regulating the environment within the corporate limits of the City of Goddard, that certain Sanitary Code of Sedgwick county found in Chapter 14, Article V of the Health and Human Service Code (hereinafter referred to as the “Sanitary Code,” such incorporation being authorized by K.S.A. §§12-3009 through 12-3012, inclusive, as amended. No fewer than three copies of the standard code shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Goddard, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.
(Ord. 485; Code 1998)
In addition to the remedy of criminal prosecution in the municipal court and the enforcement provided therein, the health officer is also authorized, empowered, and directed after proper notice has been given pursuant to Article V, Division 1, Section 14- 140, of the sanitary code to abate to suppress this nuisance. In order to carry out the abatement provisions of this section, the health officer is authorized to enter into or upon any premises or establishments for the purpose of making a thorough examination and to determine whether a nuisance exists. If, upon investigation, the health officer determines that a nuisance does exist, he or she may, after giving proper notice according to Article V, Division 1, Section 14-140 of the sanitary code, except no publication notice shall be required if actual notice is given to the party or such notice has been mailed by certified letter to the party’s last known address, to the owner and/or occupant of the premises on which the nuisance is located, to proceed to cause nuisance to be abated or suppressed if the responsible party has failed to abate the nuisance within 10 days or the reasonable time required by the notice given. The health officer in abating the nuisance may enlist the services of the employees of the city, the county engineer, or private contractors who shall abate or suppress such nuisance and the cost of such abatement may be taxed against the lot or tract of ground upon which the nuisance is located consistent with the authority contained in this article. Within 10 days after the nuisance is abated by the health officer, the City Clerk shall mail a billing for the cost of same to the owner of the property. If the billing is not paid within 30 days from the date of such billing, the cost of such abatement will be certified to the Sedgwick County clerk to be placed on the tax rolls as a special assessment. When the particular nuisance the health officer is abating is an abandoned or inoperable vehicle, the health officer shall also certify the cost of the removal of the abandoned or inoperable vehicle as such is defined in Article V, Division I, Section 14-1 36 of the Sanitary Code NO.5 as a claim against either the owner of the motor vehicle or as a tax against the real property on which the nuisance occurred. The County of Sedgwick, Kansas or the City of Goddard, Kansas may thereafter maintain a civil action in the appropriate court against any person or persons upon whom notice was served as required by Article V, of the sanitary code to recover the cost of removing or disposing of any such motor vehicle, in the event the cost of abatement is not assessed against the real property. The abatement of a nuisance under the direction of the health officer shall not be a defense or excuse to the owner of a vehicle or property for not conforming with the provisions of Article V of the sanitary code.
(Ord. 485, Sec. 2)
(a) The definition of “property” in Article, Division I, Section 14-136, shall mean any real property within the City of Goddard, Kansas which is not a Street or highway.
(b) Article V, Division 1, Section 14-139, shall be amended to state as follows:
Clean-Up or Nuisance Abatement. The City of Goddard, or the Sedgwick County Engineer, if so requested by the City of Goddard, or a private contractor if contracted for by the City of Goddard, Kansas or the county engineer, shall effect a direct clean up or nuisance abatement services on properties pursuant to orders prescribed by the health officer, or by the courts of competent jurisdiction.
(c) The words “official newspaper of the County of Sedgwick” wherever the words appear in the sanitary code, shall be amended to, “the official newspaper of the City of Goddard.”
(d) Article V, Division 1, Section 14-153, of the code shall be deleted.
(e) The words “County of Sedgwick,” and “Sedgwick County” contained in Article V, Division 2, Section 14-151 through 14-156, of the code, shall be amended to, “City of Goddard.”
The word “county” contained in the above mentioned sections shall be amended to state: “city.”
(f) The words “Health Department” contained in Article V, Division 2, Section 14-156, shall be amended to, “ Health Officer.”
(Ord. 485, Sec. 3)