Chapter XI · Property Maintenance

Article 4. Exterior Property Maintenance

Sections 11-401 to 11-417 · 17 sections

11-401 Scope.

The provisions of this Article shall govern the minimum requirements and responsibilities of persons for exterior property maintenance. All exterior property and premises shall be maintained in a clean, safe and sanitary condition.

(Code 2014)

11-402 Disposal of Trash and Garbage.

The owner or occupant of every premise shall dispose of trash and/or garbage in a clean and sanitary manner and shall be required to maintain on the premises one of the following: (a) approved leakproof trash container(s) equipped with tight fitting lid(s) or (b) a commercial dumpster. All residential trash and garbage must be bagged and, if stored outside, must be placed in an acceptable container. Approved trash containers shall be stored in an enclosed structure or in the least conspicuous location to the rear of, adjacent to, and in close proximity to a residential or commercial structure. Commercial dumpster enclosures must be maintained and kept free from the accumulation of loose trash and garbage. The Solid Waste Management Code of the City of Bonner Springs describes additional requirements for the disposal of trash and garbage.

(Code 2014)

11-403 Dumpsters.

A refuse dumpster is a large trash receptacle that many businesses, apartment buildings, offices and industrial sites use to store waste until removed by a contracted disposal company. Construction dumpsters are also used on private properties during new construction, home remodels, cleanup projects or demolition of structures. Requirements for use and maintenance of dumpsters are provided as follows:

(a)All dumpsters shall be located on private property on a driveway or other improved surface and shall not be positioned or located in the yard. Construction dumpsters are allowed for a period of thirty (30) days. If an approved construction/building permit was issued, a dumpster may remain in place for the duration of that project.

(b)In extenuating circumstances where placement of a construction dumpster on private property is not possible, prior written permission shall be obtained from the City to place a dumpster temporarily on public property to include streets, rightsofway, parking lots or parks. The owner and/or the user of a dumpster placed on public property are responsible for any damages that may occur to any public infrastructure. The City may deny the use of dumpsters in the public rightsofway if a dumpster is too wide to allow public safety vehicles or any other traffic through or if there are public health or safety concerns.

(c)A construction dumpster placed temporarily in the street or on public rightofway must have flashers or reflectors on the outside corners that face traffic as well as safety cones at each end of the container at all times.

(d)Dumpsters shall not block a public sidewalk or be placed in a location that restricts the sight distance of an intersection. Sight distance will be determined by the Code Official.

(e)Dumpsters must be well maintained, in good condition, display the name or logo and telephone number of the owner and be suitably supported at each contact point to prevent damage to paved surfaces. The City Zoning Ordinance describes additional requirements for screening of refuse dumpsters in each of the zoning districts.

(f)Dumpsters not equipped with lids must be covered when materials inside are easily airborne, pose a hazard, emit an odor or are otherwise offensive.

(g)Trash and garbage must be placed inside the dumpster. It cannot be placed alongside or on top of the container. The area around the exterior of the dumpster or inside the refuse dumpster enclosure shall be routinely maintained and remain free from accumulation of trash and garbage.

(h)All dumpsters must be emptied when full. For the purpose of this Code, full is defined as when the contents of the dumpster reach an average level of one foot below the top edge of the dumpster sides. Any dumpster which reaches the full status and is not emptied within seven (7) calendar days shall be considered in violation of this ordinance.

(i)Dumpsters shall not be cleaned on any public property.

(j)The City may cause removal of a dumpster from public property if the container is in violation of this ordinance. The owner of the container, or if the owner cannot be determined, the person that placed it in the public rightofway shall pay all costs, fees, penalties or other expenses incurred by the City for removal, storage fees and disposal of any container and its contents.

(Code 2014)

11-404 Grading and Drainage.

All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water, thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs.

(Code 2014)

11-405 Graffiti.

No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

(Code 2014)

11-406 Health and Sanitation.

It shall be unlawful for any person to allow on any lot, parcel of land, public or private driveway, alley, street or other place in the City conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the City. For the purpose of fair and efficient enforcement and administration, such unlawful conditions include, but are not limited to:

(a)Accumulation of filth, excrement, brush, grass clippings, leaves, trash, junk or debris;

(b)Any place, structure or substance which emits or causes any offensive, disagreeable or nauseous odors;

(c)All dead animals or places where animals are kept in an offensive manner.

(d)All stagnant ponds, pools, or containers of water which may serve as a breeding ground for insects or other vector;

(e)Abandoned refrigerators, freezers or latchable containers on the premises.

(f)All objects or items whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or any neighborhood;

(g)Any fence, structure, object or substance placed upon any street, sidewalk, alley or public property which creates an obstruction or hazard, unless permitted by emergency personnel or the City.

(K.S.A. 214106:4107; Code 1970, 1232; Code 2014)

11-407 Infestation.

It shall be unlawful for any person to maintain or permit conditions that would cause or create an infestation or harborage of insects, rodents or other pests, hereinafter referred to as “vermin”, within or contiguous to a structure or premises. All structures in which vermin are found shall be promptly exterminated by approved processes that will not be injurious to human or pet health. After extermination, proper precautions shall be taken to prevent reinfestation.

(a)Owner. The owner of any structure shall be responsible for extermination within the structure prior to its rent or lease.

(b)Occupant. The occupant of a singlefamily dwelling or of a singletenant nonresidential structure shall be responsible for extermination and continued control of vermin on the premises. Exception: Where infestations are caused by defects in the structure, the owner shall be responsible for extermination.

(c)Multiple Occupancy. The owner of a structure that contains two (2) or more dwelling units or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination.

(Code 2014)

11-408 Inoperable Vehicles.

It shall be unlawful for any person to maintain or permit any inoperable vehicle within the City. The provisions of this Section shall not apply to: (1) any motor vehicle enclosed in a garage or other building; or (2) any person who conducts a business enterprise in compliance with existing zoning regulations. Nothing in this Section shall be construed to authorize the maintenance of a public nuisance. Disposition of any motor vehicle removed and abated from private property pursuant to this Section shall be as provided by K.S.A. Supp. 8-1102, as amended. Any one of the following conditions shall raise the presumption that a vehicle is inoperable:

(a)Absence of a current registration plate upon the vehicle pursuant to K.S.A. 8-126 to 8-149 inclusive;

(b)Placement of the vehicle or parts thereof upon a trailer of any type, jacks, blocks, or other supports;

(c)Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway;

(d)Flat tire(s) for a period of time in excess of 14 days;

(e)Overgrown in weeds, covered in filth, or tires that have sunk into the ground from long term lack of use.

(Code 2014; Ord. 2501)

11-409 Parking on Paved Surfaces.

Vehicles stored outside of a structure shall be parked on a paved driveway. Under General Provisions of the OffStreet Parking and Loading Regulations in the City Zoning Ordinance, use of gravel for driveways or parking surfaces is not allowed and must be on an allweather, dust free driveway. Preexisting, nonconforming gravel driveways or parking surfaces must be maintained with gravel. If a majority of the gravel driveway or parking surface is not maintained and becomes overgrown with grass and/or weeds, parking is no longer allowed on that area and the driveway or parking surface must be removed or replaced with an approved paved surface. This Section shall not apply to agricultural equipment parked on property used primarily for agricultural purposes; lawn trailers and recreational equipment parked in compliance with the provisions of the Bonner Springs Zoning Ordinance; or to temporary events where parking on unpaved surfaces was specifically approved by the City or by a special event permit.

(Code 2014)

11-410 Outside Storage.

No person shall allow on or around the exterior of the premises the accumulation, placement or storage of the following, including but not limited to: personal items or objects, appliances, auto parts, any ferrous & non-ferrous metal, bicycles, yard tools, excessive toys, construction or contractor materials and equipment, tires, machinery and inoperable motor vehicles. All items must be stored inside a structure, accessory building or at an approved storage facility unless specifically permitted by this Section or the Bonner Springs Zoning Ordinance. The following items are permitted to be stored outside:

(a)Any items permitted under the applicable Bonner Springs Zoning Ordinance, in full compliance with the authorizing provision and any additional requirements specified in this Section. The intent of this Subsection is to permit only those items specifically permitted under the applicable zoning district regulations.

(b)Authorized trash containers stored and maintained in compliance with the requirements of Sections 11-402 and 11-403 of this Code.

(c)Firewood, neatly stacked and free of vermin, shall be allowed for storage on the premises except in the front yard area, with corner lots having two (2) such front yard areas.

(d)Lawn trailers, lawn wagons or yard trailers, except in the front yard area, with corner lots having two (2) such front yard areas.

(e)Lawn mowers shall be stored in an enclosed structure or in the least conspicuous location to the rear of, adjacent to, and in close proximity to a residential or commercial structure.

(f)Outdoor lawn furniture, decorative yard ornaments and grills.

(Code 2014; Ord. 2501)

11-411 Rain Barrels.

A rain barrel is a container, generally made using a 55gallon, plastic drum that collects and stores rainwater from downspouts and rooftops for future use to water lawns and gardens. The following requirements for rain barrels are provided as follows:

(a)Shall not be placed in the front yard area or in front of any primary structure on the premises.

(b)All openings shall be screened or sealable and remain closed to prevent entry of mosquitoes and other disease carrying insects.

(c)Equip with an upper and lower drain, place next to a downspout and elevate on concrete blocks, railroad ties or decorative rocks to increase pressure and flow. Overflow shall be directed away from the dwelling foundation so as not to cause erosion or water damage and diverted to disperse onto the property on which the rain barrel is located.

(d)Barrels shall match the color of the home or trim or blend in with the landscape so as to be aesthetically pleasing to surrounding properties and the neighborhood.

(Code 2014)

11-412 Sidewalks, Parking Lots and Driveways.

It shall be the responsibility of property owners to maintain all sidewalks, parking lots and driveways on private property and on the public rightsofway adjacent to the owner’s property, to ensure that these surfaces are not allowed to deteriorate to the extent they constitute a safety hazard. For the purposes of this Section, the term “safety hazard” shall include but not be limited to a paved surface which is broken, heaved, collapsed or missing to the degree that vehicles using the surface are at risk of being damaged or pedestrians walking on the surface are at risk of falling or tripping. There shall be a presumed violation of this Section if there have been actual incidents of personal injury or property damage as a result of deterioration as described above.

(Code 2014)

11-413 Minimum Sight Triangle.

The short leg (height) of each sight distance triangle shall be a minimum of twenty (20) feet in length (based on the adjacent street having a speed limit of at least thirtyfive (35) miles per hour) measured along the edge of the pavement (back of curb). The base or long leg of sight triangles shall be increased twentyfive (25) feet for each five (5) mile per hour increase in the speed limit of the intersection street. The sight distance triangles shall remain free of visual obstructions that are more than two (2) feet in height measured above the edge of the pavement nearest to the obstruction, including but not limited to signs, traffic control devices, fences, trees and shrubs unless previously approved by the City.

(Code 2014)

11-414 Storage Containers.

The use of storage pods and similar metal containers used for the storage of materials, possessions, products or other items may be permitted for no more than two (2) months in any twelve (12) month period, which may be consecutive or nonconsecutive. Containers must be positioned or located on private property on a driveway or other improved surface. Storage containers shall not be positioned or located in the yard and shall not be placed in the public rightofway, easement, public street or any public property without prior written permission from the City.

(Code 2014)

11-415 Structures.

The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare of the owner or occupant and to eliminate conditions that have a blighting effect on adjacent properties or neighborhoods. Exterior conditions shall include, but are not limited to, deteriorated, dilapidated, or unsightly structures; accessory buildings; fences; walls or retaining walls.

(a)Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(b)Insect Screens. During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packages or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) and every swinging door shall have a self-closing device in good working condition. Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans are employed.

(c)Premises Identification. Primary structures shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches.

(d)Protective Treatment. All exterior surfaces, to include but not be limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay with paint or other protective covering or treatment. Peeled, flaked and chipped paint shall be removed and repainted when it exceeds twenty percent (20%) of any individual surface area. The area of peeled, flaked or chipped paint shall be calculated by drawing one rectangle around all occurrences on any individual surface and calculating the area of that rectangle. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated, stabilized and maintained to inhibit such rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

(Code 2014; Ord. 2404)

11-416 Vacant and Abandoned Properties.

All vacant structures and premises or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting effect or an adverse effect on public health or safety. If the structure is vacant and unfit for human habitation and occupancy and is not in danger of structural collapse, the Codes Officer is authorized to post the structure as unfit for human use, habitation and/or occupancy and order the structure closed up so as not to be a nuisance. Upon failure of the owner to close up the premises within the time specified in the order, the Codes Officer may have the premises closed and secured through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located, shall be a lien upon such real estate, and may be collected by any other legal recourse.

(Code 2014; Ord. 2501)

11-417 Vehicles as Living Quarters.

No vehicle, motor home, camping trailer, pickup camper, recreational vehicle or similar item shall be used as living quarters unless such vehicle is parked in an area specifically approved by the City as a campground or at a location for temporary or emergency housing.

(Code 2014)