08-10433 (2) .
Affidavit of Publication
•Following is a true and correct copy of ORD. NO.08-10433 °
(8) Brush, limbs, trees siding,unsecured doors, l suance of any further.orders
shrubs or.plants which { or unsecured•openings. to abate or remove-a;nui-
together with proof of publication of the same. are dead,;diseased'or wnich,aItow the harbor sance from such property in
infested which present'a `ing of animals, insects, the manner provided by
harmful or dangerous) :::-transients,or,create an Subsection B or as provided
Condition fojthepublic;. attraction ,to children; in this Subsection. Except
. (9) Any condition which 1.:'.structures which, in the as specifically provided in
AFFIDAVIT i provides harborage-for. . ,' opinion of=the building ,this.Subsection, the City
rodents,reptiles insects I : official present an un may provide notice of the or-.
-and othervermin ` '-' i+•safe or dangerous•con der by such methods includ,'
(10) Exposed refrigera dition .4:pose on or ing, but not limited to,'door,
tors; freezers, or
oother }fear theproperty;unfin .hangers,• conspicuously'
I, Ann Garrison ,being appliances left 'uns'e ished structures where posting notice of such order
cured; • > •no ocoi bancy permit on.the Property,i � p p y, personal.
(11) All disagreeable or has bey i ssued, and' notification,telephone com-.
• �
duly sworn, declare that I am the Majors/Nationals
obnoxioust'odors and any building permit has. munication or first class
stenches,,as well as;thei , lapsed fgc•more,than mail. If the property is unoc-
conditions,`substances' thirty (30_days; 'after' cupied and the owner is.a
or other causes'which;; '_ eighteen 148) months,'. nonresident,notice provided
Coordinator of THE SALINA JOURNAL,a daily news- give rise toitlie emission; from the date of the first by this Section shall be
or generation of such i building .permit and i given by telephone commu-
odors and stenches(in f ., .where no inspection for. nication or first Glass mail.
eluding rank or infested' •'`newly.completed work In cases of weeds or vegeta-
paper published at Salina,Saline County,Kansas,and compost heaps); J:,t has'teen requested I lion where the property
(12)The poltution'of any :•from the city within,the , owner is unknown or is a
last forty-five(45)days;, nonresident and there is no
well or cistern, stream Sec.24 3 Prohibited Pen- resident agent,a notice shall
of general circulation in said county,which newspaper river, lake,f or body of 1 al 'I 9
water by sewage;dead ri, be•published in the official i
animals, industrial 'I(a). It'Shall be.unlawful for. city paper. Ten(10)daysat,
has been continuously and uninterruptedly published . wastes or other sub-'.'-,any person to cause,permit, ter said publication°tne city
maintain or-allow the crea- shall cut or destroy or i
stances;. tion orrmaintenance of a nui- I vegetation on the property.
CY (13j, Smoke, gas„soot, sance.:'In addition or.as an I(d). The order of abatement
for five consecutive years prior to first publication of at- ' or cinders,in'abnormal alternative to the remedy of shall state:
y p h -„,,quantities,_ •or.. any, abatement-as provided un- 1.:A Common or legal
amount of noxious der this chapter, any such' 'description of'the prop- I
-fumes; .I person may be.prosecuted• a or both; '
' (14)':Any,ranksewage; •in municipal court and sub- 1 2rtThe nature of the vio-
tached notice,and that the attached
rank septio.system rank !ject to a fine of not less than I 'I lation,including relevant
vault or rank cesspool; ,i,$50 nor more,than$500 and j 'ordinances, with suffi-i
ORD. NO. 08-10433 (15)Anyibuilding;struc--r not more than six(6)months cient information that
lure, or other.place or :,in”-jail,or.both a fine and.jail I would reasonably allow
. location where any sentence: Any person'found j the recipient to deter-
tivity which is in violation 'guilty of'causing,permitting, ( mine the nature of.the
has been correctly published in said newspaper 1 I of local,'state or federal maintaining or allowing the I violation to, allow for
law is conducted; pe ''creation or maintenance of a self-abatement; !-
formed or;ma r intained;'• i nuisance three or more ' 3:• That the condition
times, the first publication given in (16)Anyvttier condition,, tin es'within the preceding creating the violation
which is determined 0:1, 12-months or„determined by shall be abated within a
present a dangerous or 'the Municipal Court to be a designated time period,
harmful condition to the perenmaliviolator, shall be ,."not.exceeding 10 days
the issue of January 19 2008. public.' yi fined not less than$250 nor - from the date of the no-
merennray'j Bator shall i more than and shall be ;tice•,provided that ex-
mean any person who1 subject to'e sentence not to .'tension's of such 10-day
' shows a!pattern of;fail J exceed six,(6)'months in jail, time period shall` be
l f ing to comply with"this diboth a fine arid a ail sari- granted if th'e owner or
chapter•which may be tense ' l' -'y
shown by three or more I - I 'q- agent•of the owner of
I• b.'••.Prosecution of an of-,j the property demon=
'�1-) notices off.tabatement fender.under Chapter. _ stretes that due dili-
r1� notices'of costs,or pre I does.not limit the dye right f genre,is•being exer-
Subscribed and sworn to before me,this O` vio�s violations of•this to pursue,assessment or cised.,n abating the nui-
Chapter within the pre- ;collecpon of costs as stated sance Weed and vege
` ceding 12 months. • : in this Chapter,or by other tabor notices-must pro-
day of '- Ql•r)V GL r -`Person Shall mean any laws. •the'7 vide a minimum of five
A.D.2008 individual;,individuals, . (c). Each day that any viola (5) days for.the nut-
',partnership,corporation, tion shall continue shall con-' sance to be abated;
n . limited liability company, stitute a separate offense:'-. 4. That-the recipient,
( [� unincorporated associa- (d). Any fines•assessed um' . upon written request,
lion, other-tiusiness on; der this Chapter shall be'col-. - ;- may obtain'a hearing'
Nola Public `board,lion;(committee, ,,,tatted b the Munici alb •
board, trustee receiver I,. • Y P before a designated
agent,ouany represen- Court {administration and• hearing provided NOTARY PUBLIC-State of Kansas 'such'req east officer,received
WENDY(;}iROB tative
of.who respons bi charge, t`.Pund; except for agsse rat: 'by the{City_Clerk prior to
--��"_- the expiration of the
iii- My Appt.Exp.3,....Z3._, •for mantenance of any merits of court costs. _
i designated.waiting pe-
property folio'parcel•of i Sec. 24-4. Enforcement nod
f "'land regardless of status .1.Against Nuisances;Desig- . That failure to com-
(Published In The Salina City shall mean the City, .(3)Accumulation of gar- ,?as owner,tenant or lee- nation of Officer;Order.of T
•of Salina,Kansas. ba a rubbish,trash,re- ',see, and of I Abatement; Hearin PIY. with the-order'of
- Journal January 19;2008) g i Hearing abatement:shall result in
ORDINANCE NUMBER . GraHrt shall:mean any. fuse_junk and other whether such person �,lice to Appear._ r
drawn has t ( - the City abating the vio-
08-10433 g•.painting, writ- abandoned•materials, f possession t < (a). The_Governing Body', lation with the assess-'
'A N= 'ORDINANCE i ,ing•figure•or mark,'re- , metals,building materi- , Property owners shall • hereby delegates to the City merit ,of costs made I
AMENDING CHAPTER 24, ii gardless of its content,' i , ale or other litter which ,1 mean the named,prop- • Manager the authority to against the property:or ri
SECTIONS 24 2 THROUGH (! _ of the type which is creates an unsightly a 'erty owner as indicated I designate a public officer to ,
common)' ,known and f 9 y P be ,by filing for judgment
`� SECTIONS 24 10 OF THE ;.referred-to as " raffiti"- i pearance; -, by Isterof deeds ofd ahe t strat onr and enforcement'off j againsttfie recipient
f
SALINA CODE PERTAIN- I g 1 .(4) The exposed car- e9 P
ING TO NUISANCES AND ' I ' raiser's office inSaline this Chapter 6. That failure to pay
which.is written,drawn, I sasses of animals or P pier as it concerris
minted, s r ';Coun such assessment within
REPEALING EXISTING P " payed, I I '1owLnot disposed of af- � ty,Kansas: .� .nuisances. The public off:-
scratched:or otherwise t : Tenant;shall mean any cer shall authorize the inves-' 30 days Of the notice of I
SECTIONS 24,2 THROUGH I ter death; :-.) Y , •,costs shalliresult in the
24-10. - -• 'placed•or`.affixed, re- f r (5) - Rank ponds or +person who:has a,sev- ligation of nuisances.,-.If it is
enable or nonseverable determined that.a nuisance I. filing of•,a tax lien
BE IT-ORDAINED,by the i `,gardless ofthe'nature of i standing.water (incliid- j� I I. against life-property,or
Governing Body of the city ! ' the material•used on ing swimming pools,wa- `i /,interest-in the:property exists„then the officer shall I ,-the:filing for judgment 1
of Salina,Kansas:"'.'•-'- ' • I • any-wall, window, rock, ter. receptacles and f by either/oral or written file a written report with;the
1 against the recipient,or
Section 1. That Sections i1 building-. or portion undrained areas); and i r.'•lease or covenant;.oc.by 'City Clerk and direct that an
24-2 through 24-8 of Chap- 1i ;thereof,. fence,.,gate, ; ' pools of water contain- 4 other Methods;of con- ,order of abatement be sent I both;.;
ter 24 are hereby amended • ,sign, other.'structure, I ing trash„debris gar;- /, veymg a limited interest ,to the property owner,repre- ; 7. A statement that no
as reads as follows:-. - tree or other.real or per- 11+ r bage'or``other effluvia in such'lands;or any sentative or tenant-`,'The I further.notice will,be•
•sonal• property, 1 j given in the same calen-
Sec.24-2."'Definitions. p ,petty, either which may serve as%a I person who occupies or Governing Body,by:resolu-
For purposes of this chapter, I publicly or •privately ii -breeding ground.for in- has possession of such' lion, also may make such dar year•.,to.`remove
owned and thatis visi- , , weeds or vegetation,'
the following definitions shall I , -sects or other vectors; I •' property. }: determination ,
8._That such violations
apply: bubhc o,pr v adjacent (6)Accumulation'oi ant- mean any shall (b): Except as.prowled,by are subject to prosecu-!
Agent shall mean any P private.prop- .mat waste; -, y structure or• Subsection C the order of -
person or entity:listed in i erty •or.public or.private f. I (7)Any building or,other; •part of a structure which abatement shall be..served tion.
i M. If the recitnt of the or-
the.Saline.County,Kan- right of way. I structure which is in remains or is damaged,; on the owner or agent of i
`Nuisance. shall'mean {.= to 'r der of abatement makes a
sas,••Appraiser's Office I such a dilapidated con- present aidangerous,, such uch'property by,.certified..!written_request-tor hearing
or-Treasurer's Office for any condition 'which ' dition that it is infested or-unsafe condition to'` mail, return receipt rte ,within theawaitin
the purpose of paying :causes ortcreates an with rodents or insects, I 1 the'public including,but" quested or°byrpersonal .then the City'shallll irti rind
taxes; a registered 1 unreasonable'interfer- left unsecured fo.allow i �notlimited to',structures' service,orif the same is un-
agent with the Kansas ' jence.with'the'rights of , entry of;animals,' Flu- -damaged byffire,•dam occupied and.the`owneris-a fore adesgnatedhhean hearing be-
:
of State's Of- I the general public and 1, 'mans or the natural ale- I aged by natural events nonresident,then by mailing firer: The h officer
•fice far•corporate or - shall include,:but not be ' ments such'as rain,hail 'or-elements such as l a notice by certified mail,re- shall,reche hearing e videnc officer
re-
partnership:ownership; .'limited to ' I' ' and snow,or otherwise •Wind;-tornadoes, earth- turn receipt requested, to-
(1) left unkempt, unsi htl q g i view the investigation;and
an agent or;manager di- O Graffiti; I _ 9 y cakes floodin or set- ilia'last known address of, prepare e'wnttenorder. .The
rested by.the property 1 (2)Noxious weeds,rank ' or unsanitary creating a I Ltiing of the ground•dam. the owner.' order shall be sent by certi-
owner estate, or court vegetation'and weeds menace-to•the health I aged by insect mfesta-, (c). If the owner?or agent of ,
order to represent the , and indigeno,s,grasses and safety of the people ' tion; damaged due.'to- the owner'of.-the property
interests of the property that are uncontrolled-or I residing in the vicinity the failure to'provide has failed to accept delivery
' or to,.otherwise control - exceed, 'twel've,. (12) '3 thereof„or presents a .'reasonable/,, mainte- or otherwise failed'to effec- .
•activities/on the'prop= inches in height,includ- • .more than ordinarily nance;structures occu- tuate receipt ok-an.order i
erty,or a corporate offi- ing any vegetation on dangerous fire hazard in pied or,-'unoccupied sent pursuanttotthis Section l
f ter. . the right-of-way abutting the vicinity where it is lo- which have broken win- during the, preceding
r the owner's-property;_��cated; _ __ •• _J lows,missing boards or .24-month period, the City,
',may-provide notice of the is-;
!
t I
'8. The paymentsshall Section.2.'That the 1
tied mail to all relevant par- i'be made by check'or in .Sections 24'-2 through.'ties within 10 days of the 9
hearing, unless otherwise money order,made pay 24=.10 are hereby repealed.
stated gat the hearin I able to,the City•oi,Sa- . Section 3.'That this ordi-
g,,and ;j liria;•Kansas;.;with no
prior to the City taking'any ' post-datin of the.cneck, Hance shall be in full force'
action to abate the violation. 9 and effect from and after its
and sent to;the atldre'ss adoption',iand publication � j
The order shall describethe as stated with•inthe,no-
'relevant facts relied.upon, lice with a written indica-
i once•in the.official city news- i
state the specific:Code pro, tion of the ur ose for paper r:\
P P +', Introduced:, �•
visions being relied upon January 7,2008 '
the payment and the ad
should a violation be found, dress of.the' property I•and state any such other . . Passed;'•,.� •
where the violations oc- January 14,2008
stipulations, methods of s
abatement;;or.orders as curved. Partial'pay
'deemed;necessary:by the ments will not,be ac- Alan E.Jilka;Mayor' .
heanng'officer e i�' �• cepted and shall be con-
sidered as.•non-pay- SEAL f
•(f). The City Manager,or his ( )
designee, is hereby desig-, meets, unless a,pay ATTEST':' •. ,,'
Hated as the hearing officer meet arrangement pas
as the representative of the been age writing and'ap City Clerk .
poses of conducting;hear- '
Public Officer., . , (it)
ingsirequested by,ariy recipi- (c). If the payment of'coste
ent'of an order'of abate- is not'made within the ! '
ment.
30-day period,the City may
•(g):`It shall be•unlawful for levy a special assessment
. the property owner=-of-any for such costs against the lot
property or the agent of the or Piece of landof The City
Clerk aethe time of certifying
.owner:of the property;who other City• taxes to the
,has received a compliance County Clerk shall certify the
order_or upon-whom an or- aforesaid costs, and the
der of abatement has•been County Clerk shall extend` I
served to selt,;transfer,most- ,_ Y '
gage,lease or otherwise Tits- the same on tithe tax roll of
pose of to+another untitahe -the county againstthe lot or
provisions of,the notice have parcel of ground,and it shall
been complied with,or until ,be collected by.the,county
such property .owner ,or treasurer and paid to the
agent of•tile'owner of the City as other City taxes are I
property shall,first furnish. 'collected and paid. Pro: '
the grantee, transferee, k°vided further; the City may) i
mortgagee or.lessee a true „collect•the'costs.in the.man- I
copy of any order of abate; -ner provided at K.S.A.
ment and shall furnish to the !12-1,115, as amended, by
public officer a•signed?and ;banging an action in the ap-
notarized statement from the „propriate court as a personal
grantee,transferee,mortga. debt. .The City may pursue
gee or-lessee,acknowledg- `both`assessment and collec-
ing the receipt of such notice t,fion!at the same time until
of ahatement•and fully.ac- the full.cost,including appli-
cepting responsibility without ,cable interests,court costs,
condition for.making the cor- attorne s'fees,and adminis-
rections•or repairs-Oahe
:attorney
e'
the notice of abatement.. ;trative costs, including but
Y ,not limited-to, investigative
-Sec.24-5. Abatement-of ;cost as well as the cost of
Nuisance by City; Notice, 'providing notice, including •
of Costs;Assessment and any postage, have. been
Collection. ,paid in full. .
(a).'If the recipient of the or- d -Tlie abatement ofa nui-
der of.abatement fails to ( ) •
comply with the order within 'be-ae efen e City Shall not
P Y., be•a defense or excuse'to
the period of time desig- the owner of a vehicle or
nated in.the order,or fails to
property;in violation of this
comply with lhe'order after a "chapter.
hearing on the matter',then Sec.24-6. Right of Entry;
theeCity may-go onto the Unlawful Interference:
property to abate the viola- ,(a): Any.authorized officer
tion in a reasonable manner. ,or agent of the city,pursuant
The City shall;not be resPon- to this Chapter, shall be al-
sible for damage to:pioperty lowed to enter onto any land
due to reasonable methods within the city limits to inves
of gaining;entrance onto the tigat& violations of this
property or for damages to Chapter or for the abate-
property in the:reasonable ment of•violations pursuant ,
•exercise of-its duty to the to this Chapter. \ ,
public to.. abate the (b).,It shall be unlawful:for, •
violation(s). The.City may any person to interfere with CS
use its own employees or • a public officer or agent of, I
contract fdrr'-services' to , the city in performing'his Or •
abate nuisances. her-duties pursuant.to this
(b)' If the City takes action Chapter.whether investigat-'
to abate'the-violation,:it shall ing or abating violations.•:
•provide a Notice of Costs to •(c)..If the property-owner;or,
the property owner repre- occupant of any building-Or
sentative'•or tenant ;The l ;premises in the city prevents •
Notice'of Costs shall tie de- or attempts to prevent any
livered b certified mail;re- ,-*employee-of the city from
turn-receipt-requested,-,at entering or,examining such
the-last'.known mailing ad- building or premises for the
dress; or if the"property is purpose described above
vacant,or unoccupied, the during reasonable hours the
•Notice of•Costs,shall also be- city may then request an ad-
posted on the property in a ■ ministrative-search warrant
reasonable manner. The re- from the district court.'
\-cipient.shall have 30;days' Sec. ;24;7. Emergency
^from the date,of the Notice abatement I
',to make full'payment.'The; In the'eve.nt-the public offi-
-Notice; of -Costs shall cer.authorized under,this
state:'' 14,'• ' • Chapter determines-that a
^. • 1. The common or legal ,nuisance;or;unsafe structure
fl'-. description:_of,the,prop-" exists•which creates¢,an j
I -erty,or both;; emergency requiring imme- t
2. The nature of,the vio,' diate abatement.to.protect
lation,including relevant •the public health, safety or i
ordinance's;•, " ' 1
welfare, then the City shall
3. The'nature°of the 'proceed, without delay,'to
work performed to abate
the violation;• take;steps to abate the
situation and,without'prior
4. The'costs incurred notice.to or hearing-of the
for the abatement of the owner,,representative, or
violations in either, a tenant. The cost of such
lump sum or in itemized shall be assessed as set ;
form; forth in'this Chapter or pur- ,
S.;That the notice.is a •suant to,K.S.A.,12-1,115,as
a demand- for payment • amended,or'both.- I
within 30 days from'the Sec.24-8:;Severability.
• date of notice; 4.• -,Sec. subsection,
6.. That failure,to'pay tparagreph,.Sentence,clause I
'-•the entireamount-within or phrase in.thie Chapter;or
30'days shall allow the 'any'part thereof is,for any
• City to file' a;tax lien 'Iteason:held to be unconsti- I
against the property or tutional or invalid or ineffec-
-to pursue■litigation for five by any courrof.compe-
the.. recovery-'of the tent jurisdiction, such deci-
costs,or both;. (.;. - 'sion shalt snot affect the va-
'.7."That•such additional lidity or effectiveness of the •
remedies!AO;,recover. remaining portions of this
.costs shall include-addi-, Chapter or any,part thereof."
tonal amounts including
additional administrative ,
costs, attorneys' fees
when applicable,and in- i
t&rest;
I
I I