For the purpose of this Article, the following rules of construction shall apply:

(a)   Any part thereof ‑ Whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”

(b)   Gender ‑ Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.

(c)   Number ‑ Words of number shall be construed to mean singular or plural as may be applicable.

(d)   Tense ‑ Words of tense shall be construed to mean present or future as may be applicable.

(e)   Shall ‑ The word shall is mandatory and not permissive.

(f)   Terms Not Defined – Where terms are not defined through the methods stated in this Article, such terms shall have ordinarily accepted meanings such as the context implies.

(Code 2014)

(a)   The words and phrases listed below when used in this Article shall have the following meanings:

(1)   Anchored — Secured in a manner that provides positive connection.

(2)   Approved — Approved by the Code Official.

(3)   Accessory Buildings — A secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.

(4)   Blighting Effect — Conditions that exist on private property that have an adverse effect on adjacent properties and/or neighborhoods. Such conditions of unsightliness, dilapidation, deterioration and general lack of proper maintenance have the potential to decrease property values, livability and aesthetics and increase crime and abandonment which can have a detrimental effect on the life, health and safety of the community.

(5)   Code Official — City official charged with the administration and enforcement of this Code, or any duly authorized representative.

(6)   Commercial, Office, or Industrial — Property used or intended to be used primarily for uses other than residential or agricultural purposes.

(7)   Compost Pile — A mixture that consists of leaves, stems, grasses, dirt and other organic matter which shall be stored in an enclosure and used for garden soil conditioning purposes. Said enclosure shall be screened or placed in a manner which is not offensive to adjacent residents or the general public.

(8)   Detached — A structure physically disconnected from another.

(9)   Dilapidation, Deterioration or Disrepair — Any condition characterized by, but not limited to, holes; breaks; rot; decay; crumbled, cracked, peeled or flaked paint; rust or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathered conditions.

(10) Dumpster — Any portable container, to include but not limited to, roll off boxes, collection bins or tubs, used or designed for collection, transportation or disposal of refuse, waste, construction/demolition materials, junk or debris.

(11) Easement — That portion of land or property reserved for present or future use by a person or agency other than the legal owner of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.

(12) Exterior — Those parts of a structure which are exposed to the weather or subject to contact with the elements, to include but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs and the open space on the premises.

(13) Filth — Foul matter; anything that soils or defiles; dirt; nastiness.

(14) Furniture, Outdoor — weather resistant furniture designed and manufactured for outdoor use.

(15) Garbage — Animal, fruit or vegetable waste from handling, preparation, cooking and consumption of food.

(16) Guard — A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

(17) Harborage — Any condition which provides shelter or protection for insects, rodents or other pests, that may increase their multiplication and continued existence in, under or outside a structure of any kind.

(18) Imminent Danger — A condition which could cause serious or life threatening injury or death at any time.

(19) Infestation — The presence of insects, rats, vermin or other pests within or contiguous to a structure or premises.

(20) Inoperable Motor Vehicle — A vehicle which cannot be driven upon the public streets for reasons including, but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power.

(21) Lawn Trailer, Lawn Wagon or Yard Trailer — A single axel trailer used for the purpose of hauling material around a property.

(22) Neglect — The lack of proper maintenance and upkeep of a structure or premises.

(23) Noxious Weeds — For the purpose of this Code, the term noxious weeds shall mean: Johnson Grass (Sorghum halepense), kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quack grass (Agropyron repens), leafy spurge (Euphorbia esula), bur ragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.) and sericea lespedeza (Lespedeza cuneata) as defined under K.S.A. Chapter 2, Article 13.

(24) Occupant — Any individual who lives or sleeps in a building or has possession of a space within a building.

(25) Owner — Any person, agent, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

(26) Paved Driveway — A hard surfaced area of concrete, asphalt, paving bricks or similar material as required in the Bonner Springs Zoning Ordinance, designed and constructed specifically for use by motorized vehicles as a path for the vehicle to be driven across or as a location at which a vehicle could be parked or stored.

(27) Perennial Violator — Shall mean any Person who shows an annual pattern of failing to comply with this Chapter, which may be shown by repeated notices of violation, notices of costs, or previous violations of this Chapter.

(28) Person — An individual, corporation, partnership or any other group that acts as a unit.

(29) Pest Elimination — The control and elimination of insects, rodents or other pests by removal of their harborage places, removal of materials that serve as their food or water or by other approved pest elimination methods.

(30) Premises — A lot, plot or parcel of land, easement or public way, to include any structures thereon.

(31) Property — Anything that is owned by a person or entity.

(32) Protective Treatment, Structural — Paint or other protective application for exposed wood surfaces, other than decay resistant wood surfaces, applied to prevent rotting and deterioration.

(33) Public Way — Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

(34) Rain barrel — An above ground storage container with an automatic overflow diversion system that collects and stores storm water runoff from a roof of a structural design that would otherwise have been run off and diverted into a storm drain.

(35) Repeat Violation — A like or substantially similar violation under this Code that occurs more than twice on a property within a three-year period in which an owner, occupant or person was previously noticed or cited.

(36) Repeat Violator — Any owner, occupant or person who has previously been issued two notices within a three-year period for a like or substantially similar violation.

(37) Residential — Used or intended to be used primarily for human habitation.

(38) Sight Distance — The length of roadway visible to a driver that must be kept free from obstructions to ensure drivers have a clear and adequate line of sight of oncoming traffic. Drivers need adequate sight distance to anticipate and avoid potential collisions with objects in the roadway or with other vehicles at intersections.

(39) Strict Liability Offense — An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do so.

(40) Structure — That which is built or constructed or a portion thereof.

(41) Tenant — A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

(42) Trash — Combustible and noncombustible waste materials, except garbage, to include residue from the burning of wood, coal, coke and other combustible materials, paper rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials.

(43) Vector — Any agent (person or animal or microorganism) that carries and transmits a disease.

(44) Vehicle — Passenger car, passenger van, pickup truck or motorcycle licensed for use on public streets, designed primarily for the transportation of people as opposed to equipment, freight or other vehicles, and sold primarily to individuals for personal use.

(45) Weathered — Deterioration caused by exposure to the elements.

(46) Weeds — For the purpose of this Code, the term weeds shall mean any of the following:

(A)  weeds and/or indigenous grasses that exceed 12 inches in height;

(B)  brush and woody vines;

(C)  weeds and grasses which may attain such large growth as to become a fire menace, when dry, to a premise and adjacent improved property;

(D)  weeds which bear or may bear seeds of a downy or wingy nature;

(E)   weeds located in an area which harbors rats, insects, animals, reptiles or any other creature which either may or does constitute a menace to health, public safety or welfare;

(F)   weeds and grasses on or about residential property which, because of its height, has a blighting effect on the neighborhood and (g) all noxious weeds.

(47) Yard — The open area of a premise not occupied by any structure.

(48) Yard Waste — Leaves, grass clippings, tree limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations.

(Code 2014; Code 2404; Ord. 2501)