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Mayor: Thom Rosenberg
Chief of Police: David Bridgewater
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City Nuisances - Ordinance No. 1232

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 FOLLOWIG 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 NUISANCE AS DESCRIBED IN UNIFORM PUBLIC OFFENSE CODE. 9.5.

Section 1:

The owner and/or occupant of any residence shall keep premises free of litter, refuse and construction material; provided, that construction materials to be used within ninety days for construction on the premises, if property authorized by a current building permit, may be kept if stored at least eighteen inches off the ground and not closer than forty-eight inches to a wall or fence;

Section 2:

All dead or broken trees or branches likely to become dangerous to the public safety are hereby declared to constitute a public nuisance and must be removed within fourteen (14) days. This includes dead and/or dying elm and pine trees. Tree waste may be stored outside an enclosed building no longer than fourteen (14) days;

Section 3:

Accessory buildings such as sheds, barns, garages, tool houses 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.;

Section 4:

Grass, weeds or other vegetation over twelve inches in height upon any lot within the City is declared a public nuisance. It is unlawful for the owner or occupant of any lot to permit grass, weeds or other vegetation excess of twelve inches in height to exist on said owner's or occupant's land:

  1. Upon a determination by the compliance officer, that a nuisance as is described in Section 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:
    1. The compliance officer shall issue a notice requiring the owner of the property on which said nuisance is located to abate such nuisance within seven (7) days from the date such notice is mailed by restricted mail or personally served. Such notice shall state that the recipient may, before the expiration of the stated seven (7) day period, request a hearing before the City Council to contest that a nuisance exists.
    2. If the owner fails to abate such nuisance within the seven (7) days or such other period of time as directed by the City Council 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.
    3. 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.
    4. Nothing contained in this ordinance concerning the assessment of costs for the abatement of the nuisance described in subsection (a) of this section shall prohibit the City from prosecuting violations of said subsection (a) as a misdemeanor.
    5. In lieu of giving notice as provided above, the compliance officer may, for the initial notice or any subsequent notice, send a one-time yearly written notification by mail or personal service, including the information required above, plus a statement that no further notice shall be given prior to abatement and no additional notices are required prior to abatement for twelve (12) months from the date of that notice.

Section 5:

The compliance officer is hereby authorized to enter into or upon any premises for the purpose of making a thorough examination to determine whether a nuisance exists.

Section 6:

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 be punished by a fine of not more than five hundred dollars ($500).

Section 7:

This ordinance shall be effective upon adoption and publication in the official city newspaper.

PASSED AND ADOPTED by the City Council this 26th day of July, 2005.