City Nuisances – Ordinance No. G11-02
AN ORDINANCE REGULATING NUISANCES FOR THE CITY OF EASTBOROUGH, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:
IT IS UNLAWFUL FOR ANY PERSON TO MAINTAIN ANY NUISANCE AS HEREIN DESCRIBED. THE FOLLOWING CONDITIONS OR MATERIALS ARE DECLARED TO BE INJURIOUS TO THE HEALTH AND WELL BEING OF CITIZENS OF THE CITY AND ARE DECLARED TO BE NUISANCES TOGETHER WITH CONDITIONS NOT HEREIN ENUMERATED BY COMING UNDER THE DEFINITION OF NUISANCE AS DESCRIBED IN UNIFORM PUBLIC OFFENSE CODE. 9.5; AND REPEALING ORDINANCE NUMBER 1260.
The owner and/or occupant of any residence shall keep premises free of litter, refuse and construction material; except for construction materials to be used within ninety (90) days for construction on the premises pursuant to a current building permit.
All dead or broken trees or branches likely to become dangerous to the public are hereby declared to constitute a public nuisance and must be removed within ten (10) days of receiving notice from the city. This includes dead and/or dying elm and pine trees. Tree waste may be stored outside an enclosed building no longer than ten (10) days.
Accessory buildings such as sheds, barns, garages and tool houses and fences which have become dilapidated and deteriorated as to be a potential accident hazard, rat harborage, attractive nuisance to children or be offensive to the senses are hereby declared to be a public nuisance and must be repaired or removed within ten (10) days of receiving notice from the city.
Grass and weeds over twelve inches in height upon any lot within the city is declared a public nuisance and must be cut within ten (10) days of receiving notice from the city. Grass and weeds that encroach over the curb so that it impedes the flow of rainwater is declared a public nuisance and must be cut within ten (10) days of receiving notice from the city.
Upon a determination by the compliance officer, that a nuisance as is described in Sections 1-4 above exists and that it constitutes a menace to the health of inhabitants of the city, the city shall be permitted to abate such nuisance and assess the cost thereof against the owner as follows:
- The compliance officer shall issue a notice requiring the owner of the property on which said nuisance is located to abate such nuisance within ten (10) days from the date such notice is received by restricted mail or personally served. Such notice shall state that the recipient may, within five (5) days of receipt of said notice, request a hearing before the Mayor to contest that a nuisance exists.
- If the owner fails to abate such nuisance within the ten (10) days or such other period of time as directed by the Mayor after a hearing in which the existence of a nuisance is confirmed and an order is issued to abate the same, the City may cause such nuisance to be abated. The City may, upon mailing notice of the cost of such abatement to the owner of the property on which such nuisance exists, assess the total cost of such abatement to said real property. Such notice shall be sent by registered mail to the said owner and shall state that the payment of such costs is due within thirty (30) days following the receipt.
- If the cost of such abatement and notice is not paid within said thirty (30) day period, the costs shall be certified to the city clerk and shall be collected in the manner provided by K.S.A. 12-1, 115,or shall be assessed against the lot 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 aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against the lot, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
- Should the landowner fail to comply with the notice to abate the nuisance, the compliance officer may file a complaint in the Municipal Court of the City against such landowner.
The compliance officer is hereby authorized to enter upon any premises for the purpose of making a thorough examination to determine whether a nuisance exists.
Any person who shall be convicted in the municipal court of violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and shall upon the first conviction for violation be punished by a fine of not more than five hundred dollars ($500). For a second and subsequent conviction of the same offense the violator shall be punished by a fine of not more than one thousand dollars ($1,000).
REPEAL. Ordinance numbered 1260 is hereby repealed.
This ordinance shall be effective upon adoption and publication in the official city newspaper.
PASSED AND ADOPTED by the City Council this 23rd day of August, 2011.
Thomas F. Rosenberg, Mayor
Barbara Kratzer, Assistant City Clerk