[HISTORY: Adopted by the City Commission
of the City of Parsons 4-1-2019 by Ord. No. 6432.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal
of former Ch. 441, Nuisances, adopted as §§ 12-112,
12-201, 12-203 and 12-204 of the 1963 Code (Ch. 16 of the 1985 Code),
as amended.
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.
A.
Inquiry and inspection. The public officer shall make inquiry and
inspection of premises when he or she observes conditions which appear
to constitute a nuisance, upon receiving a complaint in writing signed
by two or more persons stating that a nuisance exists, or when informed
that a nuisance may exist by another City employee.
B.
Right of entry. Whenever necessary to make an inspection to enforce
any of the provisions of this chapter, or whenever the public officer
has reasonable cause to believe that there exists in any structure
or upon any land any condition in violation of this chapter, the public
officer and any independent contractor(s) employed by the City are
hereby expressly authorized to enter such structure or upon private
property at all reasonable hours to inspect the same or to perform
any duty imposed upon the public officer by this chapter, including
abatement of violations; provided that, if such structure or private
property is occupied, he/she shall first present proper credentials
and request entry, and if such structure or private property is unoccupied,
he/she shall first make a reasonable effort to locate the owner or
other persons having charge or control of the structure or private
property and demand entry. If such entry is refused, the public officer
shall have recourse to every remedy provided by law to secure entry.
C.
Unlawful interference. It shall be unlawful for any person to interfere
with or to attempt to prevent the public officer or any independent
contractor(s) employed by the City from entering any such structures
or upon private property or from proceeding with such duties imposed
upon the public officer by this chapter, including enforcement or
abatement of violations of this chapter.
A.
Notice of violation/order of abatement.
(1)
Issuance. When it is determined by the City that any structure or
property is a nuisance or is otherwise in violation of this Code,
the City may serve upon the code offender a notice of violation/order
of abatement.
(2)
Contents. Any such notice of violation/order of abatement shall contain
the following information:
(a)
The name and address of the code offender, unless reasonable
efforts fail to produce this information.
(b)
The street address or description sufficient for identification
of the building, structure, premises, or land upon or within which
the alleged violation has occurred or is occurring.
(c)
A description of the alleged violation(s) and a reference to
the provision(s) of the Code that has allegedly been violated.
(d)
The required corrective action and a date determined by the
public officer by which the correction must be completed (hereinafter
"corrective action date"). In no event shall the corrective action
date be less than 10 days from the date of the letter.
(e)
That each alleged violation of this chapter may be prosecuted
in Parsons Municipal Court and punishable by a fine of not more than
$500, imprisonment for not more than one year, or both such fine and
imprisonment.
(f)
That failure of the owner or agent of the owner to abate the
nuisance may result in removal and abatement by the City, with the
costs of the abatement being assessed to the owner or agent of the
owner of the property.
(g)
That, upon written request received by the City within 10 days
of the date of the notice of violation, the code offender may request
a hearing before a designated hearing officer. The written request
shall include the reason(s) that the code offender is relying upon
to support his belief that no violation has occurred.
(3)
Extensions. The City shall grant a request for an extension of the
corrective action date if the owner or agent of the property demonstrates
that due diligence is being exercised in abating the nuisance.
(4)
Service.
(a)
For inoperable vehicles, property maintenance and all other
non-grass nuisances: A notice of violation/order of abatement may
be served upon the code offender by either personal service or by
certified mail to the code offender's last known address as indicated
by the records at the Labette County Treasurer's office. However,
in the event the owner, occupant or agent of the property has failed
to or refused to accept delivery of a notice and order sent pursuant
to this section or the certified letter comes back as "address unknown,
unable to forward," or a variation thereof, during the preceding twenty-four-month
period, the public officer may provide notice of the issuance of a
notice of violation/order of abatement by first-class mail, door hangers,
conspicuously posting the notice of such order on the property, personal
notification or telephone communication.
(b)
For excessive vegetation and noxious weed nuisances: A notice of violation/order of abatement may be served upon the code offender by either personal service or by certified mail to the code offender's last known address as indicated by the Labette County Treasurer's office. The notice of violation/order of abatement shall only be required to be provided once per calendar year, and no further notice shall be given prior to removal of excessive vegetation or noxious weeds during the same calendar year. A statement indicating no further notice shall be given during the calendar year for excessive vegetation or noxious weed removal shall be included in the notice of violation/order of abatement in addition to the items required by Subsection A(2) of this section. If there is a change in the record owner of the property subsequent to the giving of notice pursuant to this section, the City may not recover any costs for the costs insured by the cutting or weed removal unless the new record owner of the property is provided notice as required by this section.
A.
Following issuance of a notice of violation/order of abatement, the
code offender may request an administrative hearing on the issue of
whether the property is in violation of the City Code. Said request
must be in writing and must be received by the City within 10 days
from the date of the notice of violation/order of abatement.
B.
The City Commission designates the administrative hearing shall be
conducted by the City Manager. The scope of the hearing shall be limited
to whether the decisions, actions, or findings of the enforcement
official were within the scope of their authority, supported by substantial
competent evidence, and not arbitrary or capricious in nature. The
hearing shall be informal and not subject to the rules of civil and/or
criminal procedure.
C.
The City Manager shall make a determination as to whether the property
is in violation of the City Code. If the property is in violation,
the hearing officer shall have discretion to order a new corrective
action date, at which time the property must be brought into compliance
to avoid prosecution and/or abatement proceedings.
A.
Emergency abatement by City. If the City makes a determination that
an emergency situation exists, the City may immediately use the enforcement
and abatement powers and remedies available pursuant to this chapter,
including, but not limited to, immediate abatement. No other notification
procedures are required as a prerequisite to any action taken in an
emergency situation.
B.
Regular abatement; recovery of costs. Upon the expiration of the
corrective action date, if the nuisance has not been abated, the City
may take the necessary actions to abate and remove the nuisance, including
the right of entry onto the property. Following any abatement performed
by the City in accordance with this chapter, the City shall give notice
to the owner or agent by certified mail, return receipt requested,
of the total cost of such abatement or removal incurred by the City,
including any administrative costs. Such notice also shall state that
payment of such costs is due and payable within 30 days following
receipt of such notice. The City also may recover the cost of providing
notice, including any postage, required by this section. If such costs
are not paid within the thirty-day period, the costs shall be collected
in the manner provided by state law, or shall be assessed and charged
against the lot or parcel of ground on which the nuisance was located.
If the costs are to be assessed, the City Clerk, at the time of certifying
other City taxes to the County Clerk, shall certify such 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. The City may pursue collection both by levying
a special assessment and in any manner provided by state law, but
only until the full cost and any applicable interest has been paid
in full.
C.
Alternative remedies available to City. Nothing in this chapter shall
affect, impair, preempt or preclude the rights of the City to pursue
alternative or additional remedies available under state law or any
other local law, code, or regulation. The City may either abate the
nuisance or prosecute the property owner/creator of the nuisance or
do both. Nothing in this section shall prevent the City from pursuing
recovery of the costs and fees of abatement against the original owner
through collections, restitution, or a civil action. If a civil action
is filed, the City shall be entitled to also recover its attorneys'
fees, court costs, and any applicable interest.
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.
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:
(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.
