08-10433 Nuisances(Published in the Salina Journal on January A, 2008.)
ORDINANCE NUMBER 08-10433
AN ORDINANCE AMENDING CHAPTER 24, SECTIONS 24-2 THROUGH SECTIONS
24-10 OF THE SALINA CODE PERTAINING TO NUISANCES AND REPEALING
EXISTING SECTIONS 24-2 THROUGH 24-10.
w BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Sections 24-2 through 24-8 of Chapter 24 are hereby amended as reads as
follows:
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"Sec. 24-2. Definitions.
For purposes of this chapter, the following definitions shall apply:
Agent shall mean any person or entity listed in the Saline County, Kansas, Appraiser's Office or
Treasurer's Office for the purpose of paying taxes; a registered agent with the Kansas Secretary
of State's Office for corporate or partnership ownership; an agent or manager directed by the
property owner, estate, or court order to represent the interests of the property or to otherwise
control activities on the property, or a corporate officer.
City shall mean the City of Salina, Kansas.
Graffiti shall mean any drawing, painting, writing, figure or mark, regardless of its content, of
the type which is commonly known and referred to as "graffiti" which is written, drawn,
painted, sprayed, scratched or otherwise placed or affixed, regardless of the nature of the
material used, on any wall, window, rock, building or portion thereof, fence, gate, sign, other
structure, tree or other real or personal property, either publicly or privately owned, and that is
visible from any adjacent public or private property or public or private right-of-way.
Nuisance shall mean any condition which causes or creates an unreasonable interference with
the rights of the general public and shall include, but not be limited to:
(1) Graffiti;
(2) Noxious weeds, rank vegetation and weeds and indigenous grasses that are uncontrolled or
exceed twelve (12) inches in height, including any vegetation on the right-of-way abutting
the owner's property;
(3) Accumulation of garbage, rubbish, trash, refuse, junk and other abandoned materials,
metals, building materials or other litter which creates an unsightly appearance;
(4) The exposed carcasses of animals or fowl not disposed of after death;
(5) Rank ponds or standing water (including swimming pools, water receptacles, and
undrained areas), and pools of water containing trash, debris, garbage or other effluvia
which may serve as a breeding ground for insects or other vectors;
(6) Accumulation of animal waste;
(7) Any building or other structure which is in such a dilapidated condition that it is infested
with rodents or insects, left unsecured to allow entry of animals, humans or the natural
elements such as rain, hail and snow, or otherwise left unkempt, unsightly, or unsanitary
creating a menace to the health and safety of the people residing in the vicinity thereof, or
presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
(8) Brush, limbs, trees, shrubs, or plants which are dead, diseased or infested which present a
harmful or dangerous condition to the public;
' (9) Any condition which provides harborage for rodents, reptiles, insects and other vermin;
(10) Exposed refrigerators, freezers, or other appliances left unsecured;
(11) All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or
other causes which give rise to the emission or generation of such odors and stenches
(including rank or infested compost heaps);
(12) The pollution of any well or cistern, stream, river, lake, or body of water by sewage, dead
animals, industrial wastes or other substances;
(13) Smoke, gas, soot or cinders, in abnormal quantities, or any amount of noxious fumes;
Unsafe structures shall mean any structure or part of a structure which remains or is damaged to
present a dangerous or unsafe condition to the public including, but not limited to, structures
damaged by fire, damaged by natural events or elements such as wind, tornadoes, earthquakes,
flooding or settling of the ground; damaged by insect infestation; damaged due to the failure to
provide reasonable maintenance; structures occupied or unoccupied which have broken
windows, missing boards or siding, unsecured doors, or unsecured openings which allow the
harboring of animals, insects, transients, or create an attraction to children; structures which, in
the opinion of the building official present an unsafe or dangerous condition to those on or near
the property; unfinished structures where no occupancy permit has been issued, and any
building permit has lapsed for more than thirty (30) days; after eighteen (18) months from the
date of the first building permit and where no inspection for newly completed work has been
requested from the city within the last forty-five (45) days.
Sec. 24-3. Prohibited; Penalty.
(a). It shall be unlawful for any person to cause, permit, maintain or allow the creation or
maintenance of a nuisance. In addition or as an alternative to the remedy of abatement as
provided under this chapter, any such person may be prosecuted in municipal court and
subject to a fine of not less than $50 nor more than $500 and not more than six (6) months in
jail, or both a fine and jail sentence. Any person found guilty of causing, permitting,
maintaining or allowing the creation or maintenance of a nuisance three or more times
within the preceding 12 months or determined by the Municipal Court to be a perennial
violator, shall be fined not less than $250 nor more than $500 and shall be subject to a
sentence not to exceed six (6) months in jail, or both a fine and a jail sentence.
(b). Prosecution of any offender under this Chapter does not limit the city's right to pursue
assessment or collection of costs as stated in this Chapter, or by other laws.
(c). Each day that any violation shall continue shall constitute a separate offense.
(d). Any 'fines assessed under this Chapter shall be collected by the Municipal Court
administration and paid over to the general fund, except for assessments of court costs.
Sec. 24-4. Enforcement Against Nuisances; Designation of Officer; Order of Abatement;
Hearing; Notice to Appear.
(a). 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 nuisance exists, then the officer shall file a written report with the City
Clerk and direct that an order of abatement be sent to the property owner, representative, or
tenant: The Governing Body, by resolution, also may make such determination;
(14) Any rank sewage, rank septic system, rank vault or rank cesspool;
(15) Any building, structure, or other place or location where any activity which is in violation
of local, state or federal law is conducted, performed or maintained;
(16) Any other condition which is determined to present a dangerous or harmful condition to
the public.
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Perennial violator shall mean any person who shows a pattern of failing to comply with this
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chapter which may be shown by three or more notices of abatement, notices of costs, or
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previous violations of this Chapter within the preceding 12 months.
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Person shall mean any individual, individuals, partnership, corporation, limited liability
company, unincorporated association, other business organization, committee, board, trustee,
receiver agent, or any representative who has charge, care of or responsibility for maintenance
of any property, lot or parcel of land regardless of status as owner, tenant or lessee, and
regardless of whether such person has possession. .
Property owners shall mean the named property owner as indicated by the records of the
register of deeds or appraiser's office in Saline County, Kansas.
Tenant shall mean any person who has a severable or nonseverable interest in the property by
either oral or written lease or covenant, or by other methods of conveying a limited interest in
such lands; or any person who occupies or has possession of such property.
Unsafe structures shall mean any structure or part of a structure which remains or is damaged to
present a dangerous or unsafe condition to the public including, but not limited to, structures
damaged by fire, damaged by natural events or elements such as wind, tornadoes, earthquakes,
flooding or settling of the ground; damaged by insect infestation; damaged due to the failure to
provide reasonable maintenance; structures occupied or unoccupied which have broken
windows, missing boards or siding, unsecured doors, or unsecured openings which allow the
harboring of animals, insects, transients, or create an attraction to children; structures which, in
the opinion of the building official present an unsafe or dangerous condition to those on or near
the property; unfinished structures where no occupancy permit has been issued, and any
building permit has lapsed for more than thirty (30) days; after eighteen (18) months from the
date of the first building permit and where no inspection for newly completed work has been
requested from the city within the last forty-five (45) days.
Sec. 24-3. Prohibited; Penalty.
(a). It shall be unlawful for any person to cause, permit, maintain or allow the creation or
maintenance of a nuisance. In addition or as an alternative to the remedy of abatement as
provided under this chapter, any such person may be prosecuted in municipal court and
subject to a fine of not less than $50 nor more than $500 and not more than six (6) months in
jail, or both a fine and jail sentence. Any person found guilty of causing, permitting,
maintaining or allowing the creation or maintenance of a nuisance three or more times
within the preceding 12 months or determined by the Municipal Court to be a perennial
violator, shall be fined not less than $250 nor more than $500 and shall be subject to a
sentence not to exceed six (6) months in jail, or both a fine and a jail sentence.
(b). Prosecution of any offender under this Chapter does not limit the city's right to pursue
assessment or collection of costs as stated in this Chapter, or by other laws.
(c). Each day that any violation shall continue shall constitute a separate offense.
(d). Any 'fines assessed under this Chapter shall be collected by the Municipal Court
administration and paid over to the general fund, except for assessments of court costs.
Sec. 24-4. Enforcement Against Nuisances; Designation of Officer; Order of Abatement;
Hearing; Notice to Appear.
(a). 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 nuisance exists, then the officer shall file a written report with the City
Clerk and direct that an order of abatement be sent to the property owner, representative, or
tenant: The Governing Body, by resolution, also may make such determination;
(b). Except as provided by Subsection C, the order of abatement shall be served on the owner or
agent of such property by certified mail, return receipt requested, or by personal service, or
if the same is unoccupied and the owner is a nonresident, then by mailing a notice by
certified mail, return receipt requested, to the last known address of the owner.
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(c). If the owner or agent of the owner of the property has failed to accept delivery or otherwise
w failed to effectuate receipt of an order sent pursuant to this Section during the preceding 24-
month period, the City may provide notice of the issuance of any further orders to abate or
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remove a nuisance from such property in the manner provided by Subsection B or as
' provided in this Subsection. Except as specifically provided in this Subsection, the City
may provide notice of the order by such methods including, but not limited to, door hangers,
conspicuously posting notice of such order on the property, personal notification, telephone
communication or first class mail. If the property is unoccupied and the owner is a
nonresident, notice provided by this Section shall be given by telephone communication or
first class mail. In cases of weeds or vegetation where the property owner is unknown or is
a nonresident and there is no resident agent, a notice shall be published in the official city
paper. Ten (10) days after said publication the city shall cut or destroy weeds or vegetation
on the property.
(d). The order of abatement shall state:
(e). If the recipient of the order of abatement makes a written request for hearing within the
waiting period, then the City shall immediately schedule a hearing before a designated
hearing officer. The hearing officer shall receive evidence, review the investigation, and
prepare a written order. The order shall be sent by certified mail to all relevant parties
within 10 days of the hearing, unless otherwise stated at the hearing, and prior to the City
taking any action to abate the violation. The order shall describe the relevant facts relied
upon, state the specific Code provisions being relied upon should a violation be found, and
state any such other stipulations, methods of abatement, or orders as deemed necessary by
' the hearing officer.
(f). The City Manager, or his designee, is hereby designated as the hearing officer as the
representative of the governing body for the purposes of conducting hearings requested by
any recipient of an order of abatement.
(g). It shall be unlawful for the property owner of any property or the agent of the owner of the
property who has received a compliance order or upon whom an order of abatement has
been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the
provisions of the notice have been complied with, or until such property owner or agent of
the owner of the property shall first furnish the grantee, transferee, mortgagee or lessee a
true copy of any order of abatement and shall furnish to the public officer a signed and
1. A common or legal description of the property, or both;
2. The nature of the violation, including relevant ordinances, with sufficient
information that would reasonably allow the recipient to determine the nature of the
violation to allow for self -abatement;
3. That the condition creating the violation shall be abated within a designated time
period, not exceeding 10 days from the date of the notice, 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;
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4. That the recipient, upon written request, may obtain a hearing before a designated
hearing officer, provided such request is received by the City Clerk prior to the
expiration of the designated waiting period;
5. That failure to comply with the order of abatement shall result in the City abating the
violation with the assessment of costs made against the property or by filing for
judgment against the recipient;
6. That failure to pay such assessment within 30 days of the notice of costs shall result
in the filing of a tax lien against the property, or the filing for judgment against the
recipient, or both;
7. A statement that no further notice will be given in the same calendar year to remove
weeds or vegetation;
8. That such violations are subject to prosecution.
(e). If the recipient of the order of abatement makes a written request for hearing within the
waiting period, then the City shall immediately schedule a hearing before a designated
hearing officer. The hearing officer shall receive evidence, review the investigation, and
prepare a written order. The order shall be sent by certified mail to all relevant parties
within 10 days of the hearing, unless otherwise stated at the hearing, and prior to the City
taking any action to abate the violation. The order shall describe the relevant facts relied
upon, state the specific Code provisions being relied upon should a violation be found, and
state any such other stipulations, methods of abatement, or orders as deemed necessary by
' the hearing officer.
(f). The City Manager, or his designee, is hereby designated as the hearing officer as the
representative of the governing body for the purposes of conducting hearings requested by
any recipient of an order of abatement.
(g). It shall be unlawful for the property owner of any property or the agent of the owner of the
property who has received a compliance order or upon whom an order of abatement has
been served to sell, transfer, mortgage, lease or otherwise dispose of to another until the
provisions of the notice have been complied with, or until such property owner or agent of
the owner of the property shall first furnish the grantee, transferee, mortgagee or lessee a
true copy of any order of abatement and shall furnish to the public officer a signed and
notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the
receipt of such notice of abatement and fully accepting responsibility without condition for
making the corrections or repairs required by the notice of abatement.
Sec. 24-5. Abatement of Nuisance by City; Notice of Costs; Assessment and Collection.
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w (a). If the recipient of the order of abatement fails to comply with the order within the period of
time designated in the order, or fails to comply with the order after a hearing on the matter,
then the City may go onto the property to abate the violation in a reasonable manner. The
' City shall not be responsible for damage to property due to reasonable methods of gaining
entrance onto the property or for damages to property in the reasonable exercise of its duty
to* the public to abate the violation(s). The City may use its own employees or contract for
services to abate nuisances.
(b). If the City takes action to abate the violation, it shall provide a Notice of Costs to the
property owner, representative, or tenant. The Notice of Costs shall be delivered by certified
mail, return receipt requested, at the last known mailing address; or if the property is vacant
or unoccupied, the Notice of Costs shall also be posted on the property in a reasonable
manner. The recipient shall have 30 days from the date of the Notice to make full payment.
The Notice of Costs shall state:
(c). If the payment of costs is not made within the 30 -day period, the City may levy a special
assessment for such costs against the lot or piece of land. The City Clerk at the time of
certifying other City taxes to the County Clerk shall certify the aforesaid costs, and the
County Clerk shall extend the same on the tax roll of the county against the lot or parcel of
ground, and it shall be collected by the county treasurer and paid to the City as other City
taxes are collected and paid. Provided further, the City may collect the costs in the manner
provided at K.S.A. 12-1,115, as amended, by bringing an action in the appropriate court as a
personal debt. The City may pursue both assessment and collection at the same time until
the full cost, including applicable interests, court costs, attorneys' fees, and administrative
costs, including but not limited to, investigative cost as well as the cost of providing notice,
including any postage, have been paid in full.
(d). The abatement of a nuisance by the City shall not be a defense or excuse to the owner of a
vehicle or property in violation of this chapter.
Sec. 24-6. Right of Entry; Unlawful Interference.
(a). Any authorized officer or agent of the city, pursuant to this Chapter, shall be allowed to
enter onto any land within the city limits to investigate violations of this Chapter or for the
abatement of violations pursuant to this Chapter.
(b). It shall be unlawful for any person to interfere with a public officer or agent of the city in
performing his or her duties pursuant to this Chapter whether investigating or abating
violations.
1. The common or legal description of the property, or both;
2. The nature of the violation, including relevant ordinances;
3. The nature of the work performed to abate the violation;
4. The costs incurred for the abatement of the violations in either a lump sum or in
itemized form;
5. That the notice is a demand for payment within 30 days from the date of notice;
6. That failure to pay the entire amount within 30 days shall allow the City to file a tax
lien against the property or to pursue litigation for the recovery of the costs, or both;
7. That such additional remedies to recover costs shall include additional amounts
including additional administrative costs, attorneys' fees when applicable, and
interest;
8. The payments shall be made by check or money order made payable to the City of
Salina, Kansas; with no post-dating of the check, and sent to the address as stated
within the notice with a written indication of the purpose for the payment and the
address of the property where the violations occurred. Partial payments will not be
accepted and shall be considered as non -payments, unless a payment arrangement
has been agreed to and approved in writing by the Public Officer.
(c). If the payment of costs is not made within the 30 -day period, the City may levy a special
assessment for such costs against the lot or piece of land. The City Clerk at the time of
certifying other City taxes to the County Clerk shall certify the aforesaid costs, and the
County Clerk shall extend the same on the tax roll of the county against the lot or parcel of
ground, and it shall be collected by the county treasurer and paid to the City as other City
taxes are collected and paid. Provided further, the City may collect the costs in the manner
provided at K.S.A. 12-1,115, as amended, by bringing an action in the appropriate court as a
personal debt. The City may pursue both assessment and collection at the same time until
the full cost, including applicable interests, court costs, attorneys' fees, and administrative
costs, including but not limited to, investigative cost as well as the cost of providing notice,
including any postage, have been paid in full.
(d). The abatement of a nuisance by the City shall not be a defense or excuse to the owner of a
vehicle or property in violation of this chapter.
Sec. 24-6. Right of Entry; Unlawful Interference.
(a). Any authorized officer or agent of the city, pursuant to this Chapter, shall be allowed to
enter onto any land within the city limits to investigate violations of this Chapter or for the
abatement of violations pursuant to this Chapter.
(b). It shall be unlawful for any person to interfere with a public officer or agent of the city in
performing his or her duties pursuant to this Chapter whether investigating or abating
violations.
(c). If the property owner or occupant of any building or premises in the city prevents or
attempts to prevent any employee of the city from entering or examining such building or
premises for the purpose described above during reasonable hours the city may then request
an administrative search warrant from the district court.
w Sec. 24-7. Emergency abatement.
y In the event the public officer authorized under this Chapter determines that a nuisance or unsafe
structure exists which creates an emergency requiring immediate abatement to protect the public
' health, safety or welfare, then the City shall proceed, without delay, to take steps to abate the
situation and without prior notice to or hearing of the owner, representative, or tenant. The cost of
such shall be assessed as set forth in this Chapter or pursuant to K.S.A. 12-1,115, as amended, or
both.
Sec. 24-8. Severability.
If any section, subsection, paragraph, sentence, clause or phrase in this Chapter or any part thereof
is for any reason held to be unconstitutional or invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of
this Chapter or any part thereof."
Section 2. That the existing Sections 24-2 through 24-10 are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
Introduced: January 7, 2008
Passed: January 14, 2008
Cv 'E`Aayor
Alan E. Jilka,
(SEAL)
ATTEST:
&,OA_,&k
Lieu Ann Elsey, CMC, City Clerk