The City Commission finds that there exists within the City
of Parsons conditions of structures and lands which are dangerous
or injurious to the health, safety or general welfare of the occupants
of such structures and lands or other residents of the City, which
have a blighting influence on the properties in the area. Such conditions
include the following, without limitation: defects therein increasing
the hazards of fire, accident or other calamities; dilapidation; disrepair;
structure defects; uncleanliness; overcrowding; inadequate ingress
and egress; overgrown vegetation, inoperable vehicles, dead and dying
trees, limbs or other unsightly natural growth and unsightly appearances
that constitute a blight to adjoining property, the neighborhood or
the City; walls, siding or exteriors of a quality and appearance not
commensurate with the character of the properties in the neighborhood;
unsightly stored or parked material, equipment, supplies or machinery;
vermin infestation; inadequate drainage; or any violation of health,
fire, building or any other laws or regulations relating to the use
of land and the use and occupancy of the buildings and improvements.
The provisions of this chapter shall apply to residential and
nonresidential structures, to residential and nonresidential lands
and to vacant lots. It shall be unlawful for any person owning, leasing,
occupying or having charge of any premises to permit, maintain or
keep any nuisance thereon.
The City Manager shall be designated as the public officer for
purposes of exercising the powers relating to the administration and
enforcement of property maintenance and nuisance provisions contained
in this Code. The public officer shall have the authority to exercise
the powers necessary to investigate, administer and enforce said provisions,
including, but not limited to, the following:
A. Investigate the conditions of structures or property in the City
to determine which structures are unfit for human use or habitation
or are detrimental to the public health, safety, and welfare.
B. Administer oaths and affirmations, examine witnesses, and receive
evidence.
C. Enter upon premises for the purpose of making inspections or for
abatement of violations of this chapter, provided that such entries
shall be made in such manner as to cause minimal inconvenience to
the person(s) in possession of the property, if any. In the event
entry is denied or resisted, the public officer may obtain an order
permitting entry from a court of competent jurisdiction.
D. Delegate any of the public officer's functions and powers under
the subject ordinance to such officers, agents, and employees as the
officer many designate, specifically including the public officer.
It shall be illegal for any person, as the owner or occupant
of any land or structure, to allow a nuisance to exist within the
City limits of Parsons. Generally, a "nuisance" is defined to mean
a thing, condition or use, which, through offensive odors, noises,
substances, disturbances, emanations, sights or the like, works hurt,
annoyance, inconvenience or damage to the public or to another, with
respect to their comfort, health, repose or safety or with respect
to the free use and comfortable enjoyment of their property, whether
it does so by reason of its nature or by reason of conditions and
circumstances, where the cause of these effects has no legal sanction
or where, if the cause is sanctioned, the effects, nevertheless, are
unreasonably harmful or annoying to persons of normal sensibility
and, thereby, create a legal wrong and nuisance actionable as a violation
of this Code. Specific nuisances include, but are not limited to,
the following:
A. Land maintenance: Land, whether occupied by structures or vacant,
shall be maintained in such a manner to be free of conditions that
constitute health and safety hazards, encourage abuse and trespassing
by others, create a blighting effect in the neighborhood or otherwise
adversely affect adjacent properties.
B. Animal sanitation:
(1) No excessive accumulation of animal waste shall be permitted on any
property, and animal wastes shall not be disposed of in an open ditch
or storm drain.
(2) All carcasses of animals shall not remain exposed after death.
C. Temporary sanitary facilities: Temporary sanitary facilities are
restricted to construction projects and recreational activities for
which approval has been granted. Such facilities shall be maintained
and not be offensive to any nearby residents.
D. Trash and refuse accumulations: The throwing, leaving, depositing
or allowing the accumulation of any worn out, broken or worthless
item, waste, garbage, trash, debris or refuse on any property, drainagecourse
or other land is prohibited. Such substances are those that impede
mowing of weeds or tall grass, are food products or food containers
attracting insects, rodents or animals or are useless as evidenced
by their broken, deteriorated or dismantled condition.
E. Odors and stenches: all noxious, unhealthy or disagreeable odors
or stenches, as well as the conditions or substances or other causes
which give rise to the emission or generation of such odors and stenches,
which may cause annoyance or discomfort or are found to be offensive
or disagreeable to any person of reasonable olfactory senses.
F. Foul water: all slop, foul or dirty water, filth, refuse or offal
or any other offensive or disagreeable thing or substance discharged
through drains or spouts or otherwise thrown or deposited in or upon
any street, sidewalk, lot, park, public square, public enclosure or
any stagnant pond or pool of water.
G. Refuse and rubbish: the placement, storage or accumulation of garbage,
animal feces, rubbish, trash, refuse, junk and other materials, metals,
plumbing fixtures, appliances, auto parts, tires, fencing, lumber,
broken or discarded furniture, appliances, clothing, or other litter
or household items, which creates an unsightly appearance, dangerous
condition, or a blighting effect on the area.
H. Excessive growth of vegetation; noxious weeds: The property owner
or other person occupying or having charge or control of any lot or
parcel of land within the City shall not permit excessive growth of
vegetation or noxious weeds on said lot or parcel of land, or on any
area between the property lines of said lot or parcel and the center
line of any adjacent street or alley, including, but not limited to,
sidewalks, streets, alleys, easements, rights-of-way and all other
areas, public or private, that creates a blight to surrounding properties,
creates a fire hazard or might harbor insects, animals or other menaces
to health and public safety. Any vegetation, other than vegetation
obviously used for landscaping purposes, shall be presumed to be either
blighting or excessive in growth if it exceeds 12 inches in height.
Nothing in this subsection shall impair the rights of the City under
Kansas law relating to the control and eradication of noxious weeds
as described by Kansas Statutes. For any contiguous tract of property,
$200 shall be assessed for the cost of each mowing. As determined
by the City Manager or his/her designee, if the mowing shall be a
partial mowing for a ditch or drainage area in the City right-of-way,
instead of mowing the whole contiguous property, the cost of mowing
shall be $100 for every mowing incident.
I. Inoperable vehicles:
(1) No person shall maintain or permit any motor vehicle nuisance within
the City. A "motor vehicle nuisance" is any motor vehicle which is
not currently registered or tagged pursuant to K.S.A. §§ 8-126
to 8-149, inclusive, as amended; or parked in violation of City ordinance;
or incapable of moving under its own power; or is in a junked, wrecked
or inoperable condition. Inoperable vehicles shall only be considered
abated if the condition or conditions that make the vehicle inoperable
are corrected or the vehicle is removed from the City limits. Any
one of the following conditions shall raise the presumption that a
vehicle is junked, wrecked or inoperable:
(a)
Absence of a current registration plate upon the vehicle.
(b)
Placement of the vehicle or parts thereof upon jacks, blocks
or other supports.
(c)
Absence of one or more parts of the vehicle necessary for the
lawful operation of the vehicle upon a street or highway.
(2) The provisions of this section shall not apply to:
(a)
Any motor vehicle which is enclosed in a garage or other building;
(b)
The parking or storage of a vehicle inoperable for a period
of 30 consecutive days or less; or
(c)
Any person conducting a business enterprise in compliance with
existing zoning regulations or who places such vehicles behind screening
of sufficient size, strength and density to screen such vehicles from
the view of the public and to prohibit ready access to stored vehicles
by children. However, nothing in this subsection shall be construed
to authorize the maintenance of a public nuisance. Screening shall
be constructed with normal fencing materials, such as wood, stone,
cinder blocks or other materials normally associated with fence/screening
construction, and shall not be constructed in a way that is unsightly
or creates a blight in the neighborhood.
Disposition of any motor vehicle removed and abated from private
property pursuant to this chapter by the City shall be as provided
by K.S.A. § 8-1102, as amended.
Property owners that own a tract of land of at least two acres in area, not including residential areas and dwellings, can obtain a permit from the City of Parsons for an exemption from the requirements of §
441-8H of this chapter if the purpose for said exemption is the grazing or haying of said tract of land. Each landowner shall be subject to the terms and conditions prescribed by the City Manager or his/her designee contained in the permit. Failure by the landowner to follow the terms and conditions contained in the permit shall result in the landowner's permit and exemption being revoked.