Chapter XI · Property Maintenance

Article 2. Notice and Orders

Sections 11-201 to 11-209 · 9 sections

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.

(Code 2014; Ord. 2501; C.O. No. 38)

11-202 Method of Service.

Such notice shall be deemed to be properly served if a copy thereof is:

(a)Sent by certified or first class mail to the last known address; or

(b)Delivered personally; or

(c)If the notice is returned and indicates that the letter was not delivered, a copy shall be posted in a conspicuous place on or about the premises affected by such notice.

(Code 2014)

11-203 Repeat Offender.

Any owner, occupant or person found in violation under this Code of a like or substantially similar condition within 24 months of the violation shall be served a violation notice without the requirement to send notifications as stated in Section 11-201.

(Code 2014; Ord. 2404; Ord. 2501)

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.

(K.S.A. 214106:4107; Code 2014; Ord. 2404; Ord. 2501; C.O. No. 38)

11-205 Abatement.

In addition to, or as an alternative to prosecution as provided in Section 11-204, the Code Official may seek to remedy violations of this Code in the following manner, with the exception of weed violations under Section 11-504. If a person to whom a notice has been sent pursuant to Section 11-201 has neither alleviated the conditions that caused the alleged violation nor requested a hearing before the Governing Body within the time periods specified in Section 11-206, the Code Official may present a resolution to the Governing Body for adoption to authorize the Code Official or other agents of the City to abate the conditions that caused the violation at the end of ten (10) days after passage of the resolution. The resolution shall further provide that the costs incurred by the City shall be charged against the premises on which the nuisance was located as provided in Section 11-207. 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)Service by 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 Code Official and filed with the City Clerk, and the service of the resolution shall be made by publication of the same once each week for two (2) consecutive weeks in the official City newspaper and by posting a copy of the resolution on the premises where such condition exists.

(Code 2014; Ord. 2501)

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.

(Code 2014; Ord. 2501; C.O. No. 38)

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.

(Code 2014; Ord. 2004; Ord. 2501; C.O. No. 38)

11-208 Transfer of Ownership.

It shall be unlawful for the owner of any premises who received a compliance order or upon whom a notice of violation was served to sell, transfer, mortgage, lease or otherwise dispose of such premises to another until the provisions of the compliance order or notice of violation are complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official. Such owner shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee that acknowledges the receipt of such compliance order or notice of violation and accepts responsibility with conditions to make the corrections or repairs required by such compliance order or notice of violation.

(Code 2014)

11-209 Notices to Appear.

Pursuant to the authority of Charter Ordinance No. 29, the Code Official shall have the authority to issue Notices to Appear for violations of this Code.

(Code 2014)