CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 3. NUISANCES

The following are hereby declared and deemed to be nuisances affecting public health and welfare:

(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 stagnant or mosquito-infested ponds of water;

(c)   Rat, vermin, or pest-infested material, refuse or debris;

(d)   Any dead animals not removed within 24 hours after death;

(e)   All boxes, barrels, kegs, crates, boards, ice cream containers, or broken ware thrown, left or deposited, or caused to be thrown, left, or deposited by anyone, in or upon any street, alley or sidewalk;

(f)   The burning within the city limits of any substance the burning of which generates or creates any disagreeable, noxious or unwholesome smell or odor;

(g)   Any place, structure or substance which emits or causes any offensive, disagreeable or nauseous odors;

(h)   All articles or things whatsoever, caused, kept, maintained or permitted by any person to the injury, which is a menace and dangerous to the health of the inhabitants of the city, or of any neighborhood, family or resident of the city.

(i)    Growth of rank grass, grass more than twelve inches (12”) in height or length if matted down, noxious weeds regardless of their height;

(j)    All gambling devices, slot machines or punch boards;

(k)   Any wells, cisterns or cellars which are not safely enclosed to prevent accident or injury;

(l)    Any wrecked, dismantled, inoperative or abandoned machinery, equipment or trailer, in and upon real property within the City of Cottonwood Falls unless said machinery, equipment or trailer is so enclosed as to remove it from the public view and protect persons from potential injury;

(m)  Any thick, untrimmed brush and trees which are located on vacant lots which may serve as a breeding ground for mosquitoes and rodents;

(n)   All other trades, professions, acts, omissions of acts, or conditions existing in the city which are deemed to be dangerous to the public health by Board of Health of this City or by Ordinance or Resolution of the Governing Body.

(o)   Abandoned iceboxes, freezers or refrigerators or any icebox, freezer or refrigerator not in actual use unless the door, opening or lid thereof is unhinged, or unfastened and removed therefrom.

(p)   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.

(Code 1976, 7-301; Ord. 699; Ord. 763; Ord. 944; Code 2015)

Subject to constitutional limitations, the city, or its representatives, may enter upon any lot or parcel for the purpose of determining violations of this article and to cause compliance herewith.

(Code 1976, 7-302; Ord. 763; Ord. 944; Code 2015)

Whenever the Board of Health of this City shall file with the City Clerk a written statement, or if no Board of Health exists, the Governing Body by resolution, that a nuisance exists, describing the same and the location thereof, and determining that the nuisance is a menace and dangerous to the health of the inhabitants of the city, or of any neighborhood, family or resident of the city, the City Clerk shall issue notice requiring the owner or agent of the owner of the premises to 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.

The Notice shall be served by personal service, by delivering a copy thereof to the owner, occupant or agent of such property. If the property is unoccupied and the owner is a nonresident, then by mailing the notice by restricted mail to the last known address of the owner.

(Code 1976, 7-303; Ord. 763; Ord. 944; Code 2015)

Before the expiration of the waiting period provided for in the notice, the owner, occupant or agent of the owner having control of the property may request a hearing before the governing body or its designated representative. All notices provided for herein shall state that before the expiration of the waiting period provided in the notice that a hearing may be requested.

If a hearing is requested, the governing body or its designated representative shall conduct a hearing and receive evidence concerning the alleged nuisance and make findings concerning the necessity for its removal or abatement.

(Ord. 763; Ord. 944; Code 2015)

If after giving of notice as herein provided, the nuisance is not removed or abated as required by the notice and no hearing has been requested, the City may:

(a)   Cause the nuisance to be removed or abated; and/or

(b)   File a complaint against such owner in the municipal court of the city.

(Ord. 763; Ord. 944; Code 2015)

The City Clerk shall keep an accurate record of all costs incurred in abating or removing nuisances, and shall notify the owner, occupant or agent having control by restricted mail, by mailing a notice to the last known address. All said cost is due and payable by the owner, occupant or agent having control of the property within 30 days following receipt of said notice. The notice of cost given to the owner, occupant or agent of the owner having control of the property shall state that the payment of such cost is due and payable within 30 days following receipt of such notice. If the cost of abatement or removal is not paid within the thirty (30) day period, the city clerk may certify the aforesaid cost, at the time of certifying other city taxes, to the county clerk, 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. Additionally, the city may collect the cost as provided in K.S.A. 12-1, 115, as amended. The city may pursue both collection methods, but only until the full cost and any applicable interest has been paid in full.

(Ord. 763; Ord. 944; Code 2015)

Any person, corporation, partnership or association after having been notified to remove and abate any nuisance, neglects, refuses or fails to do so, shall, upon conviction, be punished by a fine not to exceed two hundred dollars ($200.00).

(Ord. 763; Ord. 944; Code 2015)