NOTE: See also Chapter IV. “Buildings and Construction.”
This Chapter shall be known as the Property Maintenance Code of the City of Bonner Springs, Kansas, hereinafter referred to as “this Code”.
(Code 2014)
The Governing Body has found that there exists within the City limits of Bonner Springs, Kansas the lack of property maintenance of personal property, causing unsightly and hazardous conditions. Such conditions include but are not limited to: dilapidation, deterioration or disrepair of all property structures; accumulations of trash, junk and debris; unsanitary conditions; unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof; overgrowth of weeds and uncultivated gardens, stagnant water and pest infestations. The Governing Body desires to promote the public health, safety and welfare of its citizens by enforcing the repair, removal, abatement and regulation of this Code in the manner hereafter provided.
(Code 2014)
The purpose of this Code is to provide the administration and enforcement thereof and to protect, preserve, enhance, and regulate the exterior maintenance of all properties in this City by eliminating conditions which have a negative effect to the general welfare of the community; have a blighting effect on adjacent properties and neighborhoods; and are injurious to the health, safety and welfare of the public.
(Code 2014)
If a section, subsection, sentence, clause or phrase of this Code is, for any reason, found to be unconstitutional, such decision shall not affect the validity of the other portions of this Code.
(Code 2014)
The owner of the premises shall maintain the exterior of structures and property in compliance with the requirements of this Code. A person shall not occupy as owner‑occupant or permit another person to occupy the premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Code.
(Code 2014)
The City Manager shall designate a Code Official or any duly authorized representative who shall be charged with the administration and enforcement of this Article, hereinafter known as the “Code Official”.
(Code 2014)
The Code Official or duly authorized representative charged with the enforcement of this Code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this Code.
(Code 2014)
The Code Official shall perform inspections either through a routine canvass of the City or upon receipt of a complaint that a nuisance exists. Upon observation and verification of a Code violation, the Code Official shall notify the person(s) responsible for the maintenance of the property as described in Article 2 of this Code.
(Code 2014)
The Code Official or any authorized agent of the City shall have the right of access and entry upon private property to investigate violations of this Code or for abatement of violations pursuant to this Code. The Code Official shall have recourse to the remedies provided by law to secure entry against any person who interferes with the right of entry.
(Code 2014)
Nothing in this Code shall be construed to abrogate or impair the powers of the Courts or of any department of the City to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this Code shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.
(Code 2014)