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87-9194 Abatement of Nuisances(Published in The Salina Journal July3/ , 1987) ORDINANCE NUMBER 87-9194 AN ORDINANCE AMENDING SALINA CODE SECTIONS 24-5, 24-6, 24-7, 24-8, AND 24-9 PERTAINING TO THE ABATEMENT OF NUISANCES AND REPEALING THE EXISTING SECTIONS. IBE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section I. That Salina Code Section 24-5 be amended to read as follows: "Section 24-5. Notice to abate. Wherever a nuisance is found to exist within the City, a duly designated officer of the City shall, on behalf of the City Clerk, give written notice to the owner 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 owner or agent of such property remove and abate from the premises the thing or things therein described as a nuisance within a time, not exceeding ten (10) days, to be specified in the notice; 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 waiting period, the recipient thereof may request a hearing before 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 amendments thereto, or both." Section 2. That Salina Code Section 24-6 be amended to read as follows: I "Section 24-6. Service of notice. The notice to abate nuisance shall be served on the owner or agent of such property by restricted mail or by personal service, or if the premises is unoccupied and the owner is a non-resident, then by mailing a notice by restricted mail to the last known address of the owner of the premises." Section 3. That Salina Code Section 24-7 be amended to read as follows: "Section 24-7. Hearing. 11(a) The Housing Advisory and Appeals Board is hereby designated as the representative of the governing body for the purposes of conducting hearings requested by any recipient of a notice to abate nuisance. (b) The recipient of a notice to abate a nuisance may request a hearing before expiration of the waiting period by filing a request for such hearing on a form available in the office of the chief building and zoning inspector. The hearing shall be conducted pursuant to rules adopted by the Housing Advisory and Appeals Board and made available to the public in the office of the chief building and zoning inspector. The party requesting such hearing shall be given written notice no less than seven (7) days in advance of .the scheduled hearing. No action to abate the nuisance shall be taken by the City pending the outcome of the hearing. If the Board determines that the notice to abate nuisance is without sufficient basis, the notice shall be rescinded. If the notice to abate is determined to have sufficient basis the recipient shall be allowed the original waiting period to voluntarily abate the nuisance commencing with the date of the Board's determination, and in default thereof the City may take any necessary action to abate the nuisance." Section 4. That Salina Code Section 24-8 be amended to read as follows: "Section 24-8. Abatement by City. follows: (a) In addition to the remedy of prosecution and enforcement as provided in Section 1-10, if the owner, or agent, fails to comply with the requirement of the notice for a period longer than that named in the notice, then the city may proceed to have the things described in the notice removed and abated from the lot or parcel of ground. (b) 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. (c) The health officer shall adopt all necessary measures for cleansing and purifying all buildings, lots and other places, and for causing the removal therefrom of all nauseous substances producing a disagreeable odor or tending to cause sickness or disease, and to cause the removal, cleansing and abating of all nuisances under this chapter and he/she may do or cause to be done whatsoever in his/her judgment shall be necessary to carry out such measures." Section 5. That Salina Code Section 24-9 be amended to read as "Section 24-9. Assessment of city's costs. The City shall give notice to the owner or agent by restricted mail of the total cost of such abatement or removal incurred by the City. Such notice shall state that payment of such costs is due and payable within thirty (30) days following receipt of such notice. The city may also recover the cost of providing notice, including any postage, required by this section. If the cost of such removal or 1 abatement and notice is not paid within the 30 day period, the cost 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 amendments thereto, or both." Section 6. That the existing Salina Code Sections 24-5, 24-6, 24-7, 24-8, 24-9 as amended by this ordinance are hereby repealed. Section 7. That this ordinance shall be in full force and effect from and after its adoption by the Board of Commissioners and publication in the official city newspaper. [SEAL] ATTEST: ert K. Biles, City Clerk Introduced: July 13, 1987 Passed: July 27, 1987 S ney'S. Soderberg, Acting Mayor