Appendix A · Charter Ordinances

CHARTER ORDINANCE NO. 38

A Home Rule Ordinance of the City of Bonner Springs, Kansas, Relating to the Creation of a Code Enforcement Administrative Penalty Process.

WHEREAS, the Governing Body of the City of Bonner Springs, Kansas, (the “City”) has considered the needs of the City and its ability to effectively enforce housing and property maintenance odes thus providing for the general welfare of the City and its citizens; and

WHEREAS, the City is authorized by Article 12, Section 5 of the Constitution of the State of Kansas (the “Home Rule Amendment”) to determine its local affairs and government, and provided such power and authority granted thereby to cities shall be liberally construed for the purpose of giving cities the largest measure of self-government; and

WHEREAS, there is no enhancement of the Kansas Legislature which prohibits the City from enforcing the Code of the City of Bonner Springs, Kansas, by way of administrative citations, for police power purposes; and

WHEREAS, the Governing Body of the City hereby finds that pursuant to and in furtherance of the purposes of the Home Rule Amendment, it is in the interest of the public health, safety and welfare of the City to create a code enforcement administrative citation penalty process, for police power purposes.

Now, Therefore Be It Ordained By The Governing Body Of The City Of Bonner Springs:

Section 1. Section 11-201. Notice of Violation. is to read as follows:

11-201. Notice of Violation.

Notice for all weeds, noxious weeds, and uncontrolled vegetation shall follow the provisions defined in Section 11-503. Notice. Any owner, occupant, or person found by the Code Official to be in violation of any other section or article of this Chapter shall be sent a written notice of such violation which shall include all of the following:

(a)Address or legal description of the premises;

(b)Statement of the date of the violation(s) and a description of the conditions which caused the code violation to include the section of code determined to have been violated;

(c)Corrective order that allows ten (10) days from the date of the mailing of a violation notice to bring the premises into compliance;

(d)Entitlement to request an appeal process wherein a person in receipt of a notice of violation has ten (10) days from the date of the mailing of the violation notice to request a hearing on the matter before the Governing Body, as provided in Section 11-206; and

(e)Information concerning the penalty for failure to abate the violation or to request a hearing within the time allowed:

(1)The amount of the penalty the citee is to pay;

(2)The date, 30 days from issuance of the citation, by which the citee must pay the penalty;

(3)The method of paying the penalty; and

(4)That failure to pay the penalty, abate the violation, and/or request a hearing within the time allowed may result in prosecution under Section 11-204 and/or abatement of the condition(s) by the City or its authorized agent under Section 11-205 with the costs assessed against the property, either by lien or special assessment, under Section 11-207.

(f)Notice that the citee’s payment of the penalty does not excuse continued or subsequent violation(s) of the code.

Notice and opportunity to remedy a violation shall be considered given if a previous notice has been sent within the previous 24 months.

Section 2. Section 11-204. Penalty. is to read as follows:

11-204. Penalty.

(a)Any person, who shall violate a provision of this Chapter, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a Class C violation as prescribed by the Public Offense Code of the City and shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The application of the above penalty shall not be held to prevent the abatement of prohibited conditions.

(b)Re-inspection Fees. If the owner fails to abate a violation by the stated re-inspection date, the owner will be charged a failed re-inspection fee for each unabated violation. Additionally, if a Notice to Appear is issued to the owner, a failed pre-court inspection fee will be charged for each and every court appearance. Payment is due within 30 days following receipt of the notice to pay and if not received, the costs will be assessed according to 11-207(b ).

(c)Administrative Citation. Any person who shall violate a provision of this Chapter, or fail to comply therewith, or with any of the requirements thereof, may be issued an administrative citation and be required to pay a civil penalty as listed in the City Fee Schedule for each separate violation of a code provision within any 24-month period. A citation may be issued under this section every thirty (30) days by any enforcement officer until such violation is corrected.

Section 3. Section 11-206. Means of Appeal. is to read as follows:

11-206. Means of Appeal.

Any person directly affected by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal to the Governing Body. Such request for an appeal shall be made in writing to the City Clerk within ten (10) days from the mailing, delivery, or posting of the notice. Failure to make a timely request for an appeal shall constitute a waiver of the person’s right to contest the findings of the Code Official before the Governing Body. If an administrative citation was issued and the citee files a timely request for an appeal, the requirement to pay the penalty shall be suspended and the payment of the penalty, if any, shall be in accordance with the decision of the Governing Body. A hearing on the appeal shall be held by the Governing Body as soon as possible after the filing of the request and the person shall be advised by the City of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. If the citee requesting the review fails to appear, the Governing Body shall uphold the decision of the Code Official, the notice or order issued, and any fees and/or citations. Upon conclusion of the appeal hearing, the Governing Body shall record its determination of the matter by adoption of a resolution and serving the resolution upon the person in the matter provided in Section 11-205. Any person affected by any determination of the Governing Body under Sections 11-205 or 11-206 may appeal such determination in the manner provided by K.S.A. 60-2101.

Section 4. Section 11-207. Costs Assessed. is to read as follows:

11-207. Costs Assessed.

If the City abates the violation pursuant to 11-205, and/or charges a failed re-inspection fee pursuant to Section 11-204(b), and/or charges an administrative citation pursuant to Section 11-204(c), the City shall give notice to the owner or his or her agent by First Class Mail of the total cost of the abatement incurred by the City, and/or the failed re-inspection fee, and/or the total administrative citation. The notice shall also state that the payment is due and payable within (30) days following receipt of the notice. If the notice is not paid within the (30) day period, the payment shall be collected in the following manner:

(a)Under provisions outlined in K.S.A. 12-1,115, and amendments thereto; or

(b)By lien or levy of a special assessment against the property on which the violation is located until the full cost and applicable interest has been paid in full. The City Clerk, at the time of certification of other City taxes, shall certify the unpaid portion of the costs and the County Clerk shall extend the same on the tax rolls of the County against such property and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid; or

(c)May be collected through the Kansas State Set-off Program or another collection agency; or

(d)By use of all available legal means.

(05-09-2022)