07-10427 Notice to Abate(Published in the Salina Journal on December L52007.)
ORDINANCE NUMBER 07-10427
AN ORDINANCE AMENDING SECTION 24-5 OF CHAPTER 24 OF THE SALINA
CODE PERTAINING TO NOTICE TO ABATE AND REPEALING EXISTING SECTION
" 24-5.
a
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
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x Section 1. That Section 24-5 of Chapter 24 of the Salina Code is hereby amended to read as
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' s follows:
"Sec. 24-5. Notice to abate.
(a) Wherever a nuisance is found to exist within the city, the governing body or its
designee shall, give written notice to the property owner, tenant or agent of such
property upon which such nuisance exists. The notice to abate a nuisance issued under
the provisions of this chapter shall contain:
(1) An order requiring that the property owner, tenant or agent of such property
remove and abate from the premises the thing or things therein described as a
nuisance within a time to be specified in the notice, not exceeding ten (10) days,
provided that extensions of such 10 -day time period shall be granted if the owner
or agent of the owner of the property demonstrates that due diligence is being
exercised in abating the nuisance. Weed and vegetation notices must provide a
minimum of five (5) days for the nuisance to be abated;
(2) The location of the nuisance, if the same is stationary;
(3) A description of what constitutes the nuisance;
(4) A statement of acts necessary to abate the nuisance;
' (5) That before the expiration of the time period to abate the nuisance, plus any
additional time granted under subsection (1), the recipient thereof may request a
hearing before the building official as the designated representative of the
governing body;
(6) A statement that if the nuisance is not abated as directed and no request for
hearing is made within the prescribed time, the city will abate the nuisance and
the cost of such abatement shall be assessed and charged against the lot or parcel
of ground on which the nuisance was located, or shall be collected as a personal
debt of the property owner in the manner provided by K.S.A. 12-1, 115, and
K.S.A. 12-1617f and amendments thereto, or both. In addition to or in lieu of the
city abating the nuisance the city prosecutor may file charges in municipal court;
(7) A statement that no further notice will be given in the same calendar year to
remove weeds or vegetation.
(b) It shall be unlawful for the property owner of any property who has received a
compliance order or upon whom a notice of violation has been served to sell, transfer,
mortgage, lease or otherwise dispose of to another until the provisions of the violation
notice have been complied with, or until such property owner shall first furnish the
grantee, transferee, mortgagee or lessee a true copy of any violation notice issued by
' the governing body or its designee and shall furnish to the governing body or its
designee a signed and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such violation notice and fully accepting the
responsibility without condition for making the corrections or repairs required by
violation notice.
(c) The governing body hereby delegates to the City Manager the authority to designate a
public officer to be charged with the administration and enforcement of this Chapter as
it concerns nuisances. The public officer shall authorize the investigation of nuisances.
If it is determined that a violation exists, then the officer shall direct that a notice to
abate be sent to the property owner, representative, or tenant. The governing body, by
resolution, also may make such determination. The notice shall be served as required
in this Chapter; and, shall contain all notices and other information as required by this
Chapter and K.S.A. 12-1617c, and amendments thereto."
Section 2. "Chat the existing Section 24-5 is hereby repealed.
Section 3. "Chat this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: December 10, 2007
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Addopptteed: December 10, 2007
[SEAL]
ATTESTT:n'
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Lieu Ann Elsey, CMC, C Clerk