The board of health shall consist of the mayor and city inspector.
(Code 2005, 3-300s; Code 2020)
It shall be the duty of the board of health or its authorized member, to make or cause to be made, inspections of all places and conditions within the jurisdiction of the board and deemed to be hazardous to the health of the inhabitants of the city and to serve such notices or orders as may be required or authorized by ordinances of the city and the laws of the State of Kansas or correct or remedy such conditions or to remove or abate any health nuisance in accordance with the order of the board.
(Code 2005, 3-300s; Code 2020)
It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:
(a) Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;
(b) All dead animals not removed within 24 hours after death;
(c) Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;
(d) All stagnant ponds or pools of water;
(e) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;
(f) Abandoned iceboxes or refrigerators kept on the premises under the control of any person, not in actual use, unless the door, opening lid thereof is unhinged, or unfastened and removed therefrom;
(g) No appliances such as, but not limited to: washing machines, clothes dryers, stoves or ranges, water heaters, or freezers, may be deposited on the exterior of any property either public or private.
(h) No interior household furniture such as couches and stuffed chairs, not originally constructed and sold for use as out of doors furniture shall be deposited or used on the exterior of any property.
(i) All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood, or create a public health nuisance.
(j) Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city.
(K.S.A. 21-4106; 4107; Code 2005, 3-300s; Code 2020)
The code enforcement officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, chief of police, or the fire chief. The code enforcement officer may make such inquiry and inspection when he or she observes conditions, which appear to constitute a nuisance. Upon making any inquiry and inspection the code enforcement officer shall make a written report of findings.
(Code 2005, 3-300s; Code 2020)
It shall be a violation of this code to deny the code enforcement officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.
(Code 2005, 3-300s; Code 2020)
Any person, corporation, partnership, or association found by the code enforcement officer to be in violation of section 8-103 shall be served a notice of such violation. The notice shall be served by certified mail, postage prepaid, return receipt requested; provided that if the owner or his or her agent in charge of the property is a resident of Dickinson County, Kansas, the notice shall be personally served by a law enforcement officer.
(K.S.A. 12-1617e; Code 2005, 3-300s; Code 2020)
The notice shall state the condition(s) which is (are) in violation of section 8-103. The notice shall also inform the person, corporation, partnership or association that:
(a) He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of section 8-103; or
(b) He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by section 8-110;
(c) Failure to abate the condition(s) or to request a hearing within the 10 days may result in prosecution as provided by section 8-108 and/or abatement of condition(s) by the city as provided by section 8-109.
(Code 2005, 3-300s; Code 2020)
Should person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing, the code enforcement officer may file a complaint in the municipal court of the city against such person, corporation, partnership, or association and upon conviction of any violation of provisions of section 8-103, be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Code 2005, 3-300s; Code 2020)
In addition to, or as an alternative to prosecution as provided in section 8-108, the code enforcement officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to section 8-106 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-107, the code enforcement officer may present a resolution to the governing body for adoption authorizing the code enforcement officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in section 8-111. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Service by certified mail, postage prepaid, return receipt requested; or
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the code enforcement officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
(Code 2005, 3-300s; Code 2020)
If a hearing is requested within the 10 day period as provided in section 8-107, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the code enforcement officer before the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, counsel may represent the person, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall records its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter as provided in section 8-109.
(Code 2005, 3-300s; Code 2020)
If the city abates the nuisance pursuant to section 8-110, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the cost as provided in this section. The county clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
(Code 2005, 3-300s; Code 2020)
The provisions of K.S.A. 12-1750 to K.S.A. 12-1756 inclusive are incorporated by reference, with relation to the abatement of unsafe or dangerous structures.
(Code 2005, 3-300s; Code 2020)
The provisions of K.S.A. 8-1101 and K.S.A. 8-1102 are incorporated by reference with relation to the removal of abandoned vehicles, providing for the removal thereof, notice, sale of property and disposition of funds.
(Code 2005, 3-300s; Code 2020)
(a) Definitions.
(1) Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purpose for which it was originally constructed.
(2) Vehicle means any automobile, truck, tractor, aircraft, or motorcycle or other motorized vehicle, which as originally built, contained an engine or designed to contain an engine, regardless of whether it contains an engine at any time.
(b) Prohibition. Except as provided in section 8-114 (c) it shall be unlawful for any person, partnership, corporation, or their agent either as owner, lessee, tenant or occupant of any lot or land within the city to park, store or deposit, or permit to be parked, stored, or deposited thereon, an inoperable vehicle unless it is enclosed in a garage or other building.
(c) Temporarily Disabled Vehicles. The provisions of section 8-114 shall not apply to any person, partnership or corporation or their agent with one vehicle inoperable for a period of 30 consecutive days or less.
(d) Screening. The provisions of 8-114(b) shall not apply to any person, firm or corporation or their agent who is conducting a business enterprise in compliance with existing zoning regulations and who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public using the streets and sidewalks and to prohibit ready access to such vehicles by children; provided, however, that nothing in this section shall authorize the maintenance of a public nuisance.
(e) Presumptions. Any one of the following conditions shall raise the presumption that a vehicle is inoperable:
(1) Absence of an effective registration plate upon such vehicle.
(2) Placement of a vehicle, or parts thereof, upon jacks, blocks, chains or other supports.
(3) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways.
(f) The provisions of this this Section 8-114, as outlined herein, shall not apply to any person, partnership, or corporation with respect to demolition derby vehicles, between May 1 and September 15 annually, subject to the following:
(1) There shall be no more than two (2) demolition derby vehicles located on a single tract at any time.
(2) Demolition derby vehicles shall be registered at the office of the Enterprise City Clerk without charge annually.
(3) Demolition derby vehicles shall not be operated within the City of Enterprise between the hours of 10:00 p.m. and 8:00 a.m., unless the engine is properly muffled or the vehicle is currently participating in a sanctioned demolition derby competition or event within the city limits.
(Code 2005, 3-300s; Ord. 1695; Code 2020)
(a) Any person, corporation, partnership, or association found by the code enforcement officer to be in violation of section 8-114 shall be served a notice of such violation. The notice shall be served by certified mail, postage prepaid, return receipt requested; provided that if the owner or his or her agent in charge of the property is a resident of Dickinson County, Kansas, the notice shall be personally served by a law enforcement officer.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or 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.
(K.S.A. 12-1617e; Code 2005, 3-300s; Code 2020)
The notice shall state the condition(s) which is (are) in violation of section 8-114. The notice shall also inform the person, corporation, partnership or association that:
(a) He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of section 8-114; or
(b) He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by section 8-110;
(c) Failure to abate the condition(s) or to request a hearing within the 10 days may result in prosecution as provided by section 8-117 and/or abatement of condition(s) by the city as provided by section 8-118.
(Code 2005, 3-300s; Code 2020)
Should person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing, the code enforcement officer may file a complaint in the municipal court of the city against such person, corporation, partnership, or association and upon conviction of any violation of provisions of section 8-114, be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Code 2005, 3-300s; Code 2020)
(a) In addition to, or as an alternative to prosecution as provided in section 8-117, the code enforcement officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to section 8-115 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 8-116, the code enforcement officer may present a resolution to the governing body for adoption authorizing the code enforcement officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in section 8-120. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(1) Personal service upon the person in violation;
(2) Service by certified mail, postage prepaid, return receipt requested; or
(3) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the code enforcement officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or 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.
(Code 2005, 3-300s; Code 2020)
If a hearing is requested within the 10 day period as provided in section 8-116, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the code enforcement officer before the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, counsel may represent the person, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter as provided in section 8-115.
(Code 2005, 3-300s; Code 2020)
If the city abates the nuisance pursuant to section 8-110, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the cost as provided in this section. The county clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
(Code 2005, 3-300s; Code 2020)