Chapter 8 · Health and Welfare

Article 1. Nuisances

Sections 8-101 to 8-109 · 9 sections

8-101 Nuisances unlawful; defined.

It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:

(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, public or private enclosure or lot whether vacant or occupied;

(b)All dead animals not removed within 24 hours after death;

(c)Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;

(d)All stagnant ponds or pools of water;

(e)All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;

(f)All openly stored or kept equipment, indoor furniture, household appliances, auto parts, shopping carts, furnishings, building materials or any item creating unsanitary conditions and promoting urban blight. Building materials neatly stacked and weather protected, within property setbacks and not a danger to health or safety may be stored for no more than sixty days for a construction project.

(g)All articles or things whatsoever-caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of 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)All sewage, human waste, “grey water”, or the contents of any tank or container, the purpose of which is to contain sewage, human waste or “grey water” dumped, deposited, evacuated, drained or in any other manner allowed to be placed upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot, whether vacant or occupied.

(K.S.A. 21-4106:4107; K.S.A. 12-1617e; K.S.A. 12-1617f; Ord. 58; Code 2021)

8-102 Public officer.

The mayor shall designate a public officer to be charged with the administration and enforcement of this article.

(Ord. 58; Code 2021)

8-103 Complaints; inquiry and inspection.

The public officer may make inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings. The public officer shall make inquiry and inspection of premises upon receipt of a complaint stating that a nuisance exists and describing the same and where located, or is informed that a nuisance may exist by the board of health, chief of police or the fire chief

(Ord. 58; Code 2021)

8-104 Same; right of entry.

The public officer has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.

(Ord. 58; Code 2021)

8-105 Notice.

Any person, or property owner, corporation, partnership or association found by the public officer to be in violation of section 8-101 shall be served a notice of such violation. The notice shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service, or if the same is unoccupied and the owner is a nonresident, then by mailing a notice by certified mail, return receipt requested, to the last known address of the owner.

(K.S.A. 12-1617e; Ord. 58; Code 2021)

8-106 Same; contents.

The notice shall state the condition(s) which is (are) in violation of section 8-101. The notice shall also inform the person, corporation, partnership or association that:

(a)He, she or they shall have 10 days from the date of mailing the notice to abate the condition(s) in violation of section 8-101; provided, however, that the public officer, or governing body (or its designee) shall grant one or more extensions of the 10 day period if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions in violation of section 8-101; or

(b)He, she or they have 10 days from the date of mailing the order, plus any additional time granted under subsection (a), to request a hearing before the governing body or its designated representative of the matter as provided by section 8-109. Any person directly affected by the notice or decision of the public officer shall have the right to appeal to the board of appeals by providing a written application stating the basis for appeal. Such appeal must be based on a claim that the true intent of this code or the rules legally adopted have been incorrectly interpreted. Application for appeal must be received within twenty days after the notice was served.

(c)Failure to abate the condition(s) or to request a hearing with the board of appeals within the time allowed may result in prosecution as provided by section 8-107 and/or abatement of the condition(s) by the city as provided by section 8-108.

(Ord. 58; Ord. 211; Code 2021)

8-107 Failure to comply; penalty.

Should the person, property owner, corporation, partnership or association fail to comply with the notice to abate the nuisance, the public officer may issue a citation against such person, or property owner requiring appearance of such person or property owner, corporation, partnership, or association in the municipal court of the City against such person, property owner corporation, partnership or association and upon conviction of any violation of provisions of section 8-101, be fined in an amount not to exceed $100.00 a day, but not less than $25.00 a day, plus court costs, or be imprisoned not to exceed 30 days or be both fined and imprisoned. The daily fine amount shall accrue from the time of issuance of citation until a conviction by a competent court in Linn Valley, Kansas.

(Ord. 58; Code 2021; Ord. 238)

8-108 Abatement.

In addition to, or as an alternative to prosecution as provided in section 8-107, the public officer may seek to remedy violations of this article in the following manner. If a person to whom a notice has been sent pursuant to section 8-105 has neither alleviated the conditions causing the alleged violation within the time periods specified in section 8-106, 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 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 8-109. A copy of the resolution shall be served upon the person in violation in one of the following ways:

(a)Personal service upon the person in violation;

(b)Certified mail, return receipt requested; or

(c)In the event the whereabouts 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 public officer and filed with the City Clerk, and the serving of the resolution 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.

(d)If abatement is accomplished without notice due to the immediate danger posed by the nuisance pursuant to section 8-106(c), the public officer shall present a resolution to the governing body after the fact ratifying said abatement and providing that the costs incurred by the City shall be charged against the lot or parcel of ground pursuant to the terms of this section.

(Ord. 58; Code 2021)

8-109 Costs assessed.

If the City abates the nuisance pursuant to section 8-108, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The City Clerk shall, at the time of certifying other taxes to the county clerk, 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 city taxes are collected and paid.

(Ord. 58; Code 2021)