It shall be unlawful for any person to maintain, cause or permit any nuisance within the city limits of the City of Goddard, Kansas. For the purposes of this ordinance, “nuisance” means:
(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, or public or private enclosure or lot, whether vacant or occupied;
(b) Dead animals not removed within twenty-four (24) hours after death;
(c) Any place, structure or substance which emits or causes to be emitted any offensive, disagreeable, noxious or nauseous odors;
(d) Stagnant ponds or pools of water;
(e) All grass, weeds or other unsightly vegetation not commonly used for ornamental purposes, or not normally cultivated or grown for commercial or domestic use;
(f) Unused, unattended, or abandoned iceboxes, refrigerators, freezers, iceboxes, washers, dryers, dishwashers, hot water heaters, or similar devices or equipment;
(g) Any thing or things that, by virtue of the place or manner in which it is, or they are, maintained, permitted, stored, positioned, placed, or otherwise situated, injures, impedes, obstructs, or hinders the public or 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;
(i) Any act, or failure to act, that causes or permits a condition to exist which injures or endangers the public health, safety or welfare;
(j) Salvage material, industrial material, or commercial material located upon premises located within any area zoned for residential purposes, except building materials to be used within ninety (90) days in conjunction with a construction project on such premises; or,
(k) Piles or otherwise disorderly accumulations of wood located upon any residential or commercial properties, or vacant lots in residential or commercial areas, except wood that is for use on the premises upon which it is located and which is stored in an orderly fashion at least six (6) inches above ground or completely on concrete.
(Code 2001; Ord. 573, Sec. 1)
For the purposes of and to effect this ordinance, the term “Enforcing Officer” means the City Health Officer and/or their designee; provided, however, that in lieu of the City Health Officer, the Mayor with the consent of the City Council may appoint such other person as Enforcing Officer as the Mayor may choose.
(Code 2001; Ord. 573, Sec. 2)
The Enforcing Officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this ordinance including, but not limited to:
(a) Inspect properties and premises to detect, confirm, or investigate reported or actual violations of this ordinance;
(b) Seek orders from a court of competent jurisdiction for the purpose of entering upon premises or property when such officer, when exercising the power and authority vested in such officer by this ordinance, has been denied entry to premises or property when engaged in the performance of such officer’s duties under this ordinance;
(c) Report to the governing body all nuisances said officer believes to exist within the city; and,
(d) Receive such reports, complaints and petitions as may be provided for in this ordinance.
(Code 2001; Ord. 573, Sec. 3)
The Enforcing Officer shall make inquiry and conduct inspections of property or premises upon receiving a written complaint or complaints signed by two or more persons stating a nuisance exists and describing the same and its location; upon receiving information that a nuisance may exist from any governmental entity, official, officer, or employee; or when it appears to the Enforcing Officer that conditions constituting a nuisance exist. The Enforcing Officer shall, upon making inspection and inquiry, make immediate written report of such officer’s findings to the City Council.
(Code 2001; Ord. 573, Sec. 4)
The Enforcing Officer has the right of access and entry upon any public or private property, at any reasonable time to make inquiry and inspection to determine if a nuisance exists, and to affect any other purpose of this ordinance. Unless life or property is in imminent danger, the Enforcing Officer shall, before entering the interior of a residence, obtain consent to such entry from the owner or occupant of such residence, or an order authorizing such entry from a court of competent jurisdiction. In the event the enforcing offer is denied entry to any premises, property or structure, such officer may apply to a court of competent jurisdiction for an order authorizing such entry and directing any person or persons who own, lease, occupy, or otherwise control such residence to grant such entry pursuant to the order.
(Code 2001; Ord. 573, Sec. 5)
(a) Any person or entity the Enforcing Officer finds to be in violation of Section 1 of this ordinance shall be served written notice of such violation. The City Clerk shall cause notice to be served by certified mail, return receipt requested, or by personal service or, in the event the property or premises is unoccupied and the owner thereof does not reside within the corporate limits of the City of Goddard, by mailing such notice by certified mail, return receipt requested, to the owner’s last known address. Notice by mail shall be deemed complete upon mailing. Notice may also be served by leaving a copy of the notice at the usual place of residence of the owner or agent with a person of suitable age and discretion regularly residing therein, or by leaving the notice in a conspicuous location at the residence.
(b) Should the person or entity upon which service by certified mail, return receipt requested is attempted refuse to take delivery or the certified mail is unclaimed, and return is made to the city indicating such refusal or unclaimed status, the City Clerk shall send to such person or entity, by first class mail, the notice previously sent and receipt by such person or entity shall be deemed to have occurred upon such mailing. The City Clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.
(c) In the event the whereabouts and last known address 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 Enforcing Officer and filed with the City Clerk, and service of the notice 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 notice on the premises where the nuisance exists. Notice under this subsection shall be considered complete upon second publication.
(Code 2001; Ord. 573, Sec. 6)
The notice shall describe in writing the conditions constituting the nuisance and violating Section 1 of this ordinance. The notice shall also inform the person or entity receiving such notice that:
(a) Such person or entity shall have such time, to be specified in the notice and not to exceed ten calendar (10) days from the date specified in the notice, to remove and abate the nuisance from the property or premises;
(b) Such person or entity may, within the time specified in the notice and not to exceed the date specified therein within which nuisance removal and abatement is required, request a hearing before the governing body as provided by Section 10 of this ordinance;
(c) Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the Enforcing Officer before the governing body; and,
(d) Failure to remove and abate the nuisance, or to request a hearing as provided herein, within the time allowed may result in prosecution as provided by Section 8 and/or removal and abatement of the nuisance by the city as provided by Section 9 of this ordinance.
(Code 2001; Ord. 573, Sec. 7)
Should the person or entity receiving the notice provided for by Sections 6 and 7 of this ordinance fail to comply with such notice, or to request a hearing, the Enforcing Officer may file a complaint in the municipal court of the city against such person or entity alleging a violation of this ordinance. Upon conviction of a violation of this ordinance, such person or entity shall 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 upon which a violation occurs or continues after notice has been served as provided in Sections 6 and 7 shall constitute an additional or separate offense.
(Code 2001; Ord. 573, Sec. 8)
In the event a person or entity to whom notice has been served pursuant to Sections 6 and 7 of this ordinance fails to remove or abate the conditions constituting the nuisance, or to request a hearing before the governing body within the period specified in Section 7 of this ordinance, the Enforcing Officer may seek to abate the alleged nuisance and such election may be in addition to, or an alternative to, prosecution and shall not preclude prosecution. In the event the Enforcing Officer makes such election to remove and abate, such officer shall proceed in the manner prescribed by this Section, as follows:
(a) The Enforcing Officer shall present a resolution to the governing body for its consideration and authorizing such officer to abate or cause to have abated the conditions causing the nuisance at the end of ten (10) days following passage of the resolution by the governing body. The resolution shall further provide that the costs incurred by the city to remove and abate the nuisance shall be charged against the lot or parcel upon which the nuisance was located as provided in Section 10 of this ordinance.
(b) In the event the governing body adopts and passes the resolution, the Enforcing Officer shall cause a copy of said resolution to be served upon the person or entity violating Section 1 of this ordinance and the owner of said lot or parcel. Service shall be effected by the means prescribed in Section 6 of this ordinance.
(Code 2001; Ord. 573, Sec. 9)
If a hearing is requested in writing and received by the governing body within the time period prescribed by Section 7 of this ordinance, the governing body shall conduct a hearing as soon as may be practicable and the person or entity receiving notice shall be advised by the City Clerk of the time and place of the hearing at least five (5) days in advance thereof. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the Enforcing Officer before the governing body.
(a) On the date fixed for hearing or any adjournment or continuation thereof, the governing body shall hear all evidence submitted by the owner, the owner’s agent, lien holders of record, occupants or other parties in interest in the property upon which the nuisance is situated, and all evidence submitted by the city. Upon hearing such evidence, the governing body shall make findings by resolution. The hearing provided for in this Section need not be conducted according to formal rules of evidence.
(b) If, after notice and hearing as provided in this ordinance, and upon hearing the evidence provided for in subsection A of this section, the governing body determines that a nuisance exists, it shall set forth in writing in the form of a resolution its findings of facts supporting such determination. The resolution shall also fix a reasonable period of time, to be determined by the governing body, within which the removal and abatement shall be commenced, and a statement that if the person or entity, or owner, fails to commence said removal and abatement within the time period established by the resolution, or fails to diligently prosecute and pursue the same until the work is completed, the governing body shall cause the nuisance to be removed and abated. The resolution provided for in this section shall be published once in the official city newspaper and the City Clerk shall mail a copy of the resolution to the person or entity, and owner, in the same manner as provided for in Sections 6 and 7.
(Code 2001; Ord. 573, Sec. 10)
If the person, entity or owner fails to remove and abate the nuisance as provided for in this ordinance, and it becomes necessary for the Enforcing Officer to remove and abate such nuisance, such officer is hereby authorized to contract for and obtain such services and equipment, public or private, the officer deems necessary and appropriate to complete the tasks enumerated herein, and the Enforcing Officer shall adhere to and comply with all applicable laws, regulations, ordinances and city policies concerning procurement of services and equipment.
(Code 2001; Ord. 573, Sec. 11)
Upon removal and abatement of any nuisance pursuant to this ordinance or otherwise, the person, entity or owner shall take any and all action necessary to leave the premises in a safe condition. In the event the owner fails to take such actions as are prescribed by this section, the Enforcing Officer may proceed to make the site safe.
(Code 2001; Ord. 573, Sec. 12)
(a) The costs incurred by the city for any action undertaken by the Enforcing Officer pursuant to or incidental to this ordinance shall be reported in detail and in writing by said officer to the City Clerk. The City Clerk shall keep an account of such costs, as well as any and all costs of notices, service and/or mailing of notices, and publication of notices, required by this ordinance. The City Clerk shall immediately cause the reportings and accountings required by this section to be entered in the appropriate city record and shall report the same to the governing body.
(b) The City Clerk shall, within ten (10) calendar days of receipt of the Enforcing Officer’s report of costs, give notice by restricted mail to the owner of the costs required to be reported by subsection A of this section, and such notice shall include a statement requiring payment of the costs to the City within thirty (30) days following receipt of the notice. Should the owner refuse to take delivery of the notice or it is unclaimed, and return is made to the city indicating such refusal or unclaimed status, the City Clerk shall send to the owner, by first class mail, the notice previously sent and receipt by the owner shall be deemed to have occurred upon such mailing. The City Clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.
(c) Should the costs remain unpaid after thirty (30) days of receipt of the notice by the owner, the City Clerk may sell any salvage from the removal and abatement process and apply the proceeds of such sale to pay said costs. Any proceeds received which exceed said costs shall be remitted to the owner within thirty (30) days of the conclusion of the sale.
(d) Should the proceeds of any sale held pursuant to Section 13(c) of this ordinance be insufficient to cover the costs enumerated in this ordinance, or if there exists no salvage, the City Clerk shall, at the time required by law for the certification of other city taxes, certify the unpaid portion of said costs to the Sedgwick County Clerk for extension of the same on the county tax rolls against the property upon which the structure was located.
(e) In addition to levying a special assessment against the property upon which the structure was located as provided for in Section 13(d), the city may also elect to collect the unpaid portion of the costs provided for herein in the manner provided by K.S.A. 12-1,115 and amendments thereto, and may pursue such remedy without limiting its ability to levy the special assessment, but only until such time as the full costs and any applicable interest has been paid in full.
(f) If there is no salvageable material, or if the moneys received from the sale of salvage are insufficient to pay the costs incurred by the city pursuant to this ordinance and/or the costs associated with notices required by this ordinance, such costs or any portion thereof in excess of that received from the sale of salvage may be financed, until such time as the costs are paid, out of the general fund or by the issuance of no-fund warrants. Whenever no-fund warrants are issued, the governing body shall make a tax levy at the tax levying period for the purpose of paying such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law and shall not be subject to the aggregate tax levy prescribed in Article 19 of Chapter 79 of Kansas Statutes Annotated and amendments thereto. Such warrants shall be issued, registered, redeemed, and bear interest in the manner and in the form prescribed by K.S.A. 79-2940 and amendments thereto, except they shall not bear the notation required by said section and may be issued without the approval of the state Board of Tax Appeals.
(Code 2001; Ord. 573, Sec. 13)
When and if paid, all moneys received from special assessments levied under the provisions of this ordinance, or from an action under K.S.A. 12-1,115 and amendments thereto, shall be placed in the general fund of the city.
(Code 2001; Ord. 573, Sec. 14)
When in the governing body’s opinion any nuisance exists which constitutes an immediate hazard requiring immediate action to protect the public or adjacent property, the governing body may direct the Enforcing Officer to take immediate action, without delay, to protect the safety of persons and properties including, but not limited to, the erection of barricades, or causing the property upon which the nuisance is located to be vacated or otherwise made safe. Such action by the governing body and Enforcing Officer may be taken without prior notice or hearing of the owners, agents, lienholders, occupants, or other parties in interest. The costs of any action under this section shall be reported and documented, notice of costs shall be afforded, and the costs shall be assessed, in the same manner as provided in Section 11 of this ordinance.
(Code 2001; Ord. 573, Sec. 15)
Notwithstanding any other provision of this ordinance or of law, any and all notices required by this ordinance shall also be served upon the owner of any premises or property upon which there exists a nuisance.
(Code 2001; Ord. 573, Sec. 16)
In the event any section or part of this ordinance is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining sections or provisions and such remaining sections or provisions shall remain valid and enforceable.
(Code 2001; Ord. 573, Sec. 17)