That a certain document, three 3 copies of which are on file in the office of the City Clerk of the City of Linn Valley, being marked and designated as the International Property Maintenance Code, 2006 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Linn Valley, in the State of Kansas for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and se; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the City of Linn Valley are hereby referred to, adopted, and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in section 8-302.
(Ord. 211; Code 2021)
The following sections are hereby revised:
Section 101.1 Insert: City of Linn Valley
Section 103.2 is hereby amended to read, in its entirety: Section 103.2 Appointment. The code official shall be appointed by the chief appointing authority of the jurisdiction.
Section 103.3 is hereby amended to read, in its entirety: Section 103.3. Deputies. In accordance with the prescribed procedures of this jurisdiction deputies shall be appointed by the chief appointing authority of the jurisdiction.
Section 103.5 Insert: See Exhibit A and Exhibit B
Section 104.2 is hereby revised by the removal of the following: to adopt and promulgate rules and procedures;
Section 106.3 is hereby amended to read in its entirety: Any person failing to comply with a notice of violation or order served in accordance with Section 107 shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal of an inoperable motor vehicle or to require removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant hereto. The property owner shall be given notice of costs to the municipality for corrections of the violation made by the municipality in correction of the violations. Payable within 30 days. If the cost of corrective action remains unpaid after 30 days, any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
Section 106.4 is hereby amended to read, in its entirety: Section 106.4 Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be fined in an amount not to exceed $100.00 a day but not less than $25.00 a day, plus court costs. The daily fine amount shall accrue from the time of issuance of citation until a conviction by a competent court in Linn Valley, Kansas.
Section 107.2.5 is hereby revised as: 5. Inform the property owner of the right to appeal to the board of appeals, provided that a written application for appeal is filed within 20 days after the day the decision, notice or order was served.
Section 107.2.6 is hereby revised as: Any person failing to comply with notice of violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceedings to correct the violation. Such action shall be charged upon the real estate owner and a lien shall be upon such real estate in accordance with Section 106.3 of this Code.
Section 202 (B) DWELLING UNIT is hereby amended to read in its entirety: (B) DWELLING UNIT. Any conventional built home, manufactured home, camping trailer, mobile home or any form of recreation vehicle used as a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation facilities approved by the City. Any dwelling unit will contain an approved and operable sewage holding tank or be connected to a State of Kansas approved sewer system.
Section 202 GENERAL DEFINITIONS shall include: STRUCTURE. Any building, wall, superstructure or other structure which requires location on the ground or is attached to something having a location on the ground including boat dock, pier, landing ramp, floating platform, sea wall, or other man-made structure alongside, attendant to, or encroaching upon any body of water or dry bed of any body of water, or any screen, wall, roof or covering for any such structure.
Section 302.4 Paragraph one shall read in its entirety: Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of 12 inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided however, this term shall not include cultivated flowers and gardens. Vacant property with no dwelling units, structures or vehicles may be left in its natural state but all noxious weeds shall be prohibited.
Section 304.14 Insert: March 1 to October 31
Section 602.3 Insert: October 1 to May 1
Section 602.4 Insert: October 1 to May 1
(Ord. 211; Code 2021; Ord. 238)