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