ARTICLE 1. CODE ENFORCEMENT

8-101. CODE ENFORCEMENT OFFICER CREATED.

The office of code enforcement of the city is hereby created by the governing body. (Code 2004; Ord. 1374)

8-102. CODE ENFORCEMENT OFFICER; DUTIES.

The code enforcement officer shall:

(a) Cause investigations and inspections to be made as required by the laws of Kansas and of the city;

(b) Make recommendations to the governing body respecting the improvement of health of the inhabitants of the city;

(d) Issue citations to persons responsible for the property with notices to appear in the municipal court of Tonganoxie, Kansas, for violations of the health and welfare code.

(Code 2004; Ord. 1325; Ord. 1374)

8-103. DEFINITIONS.

The following definitions shall apply to all articles of this chapter:

Abandoned vehicle means any 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 the ordinance; or incapable of moving under its own power; or in a junked or wrecked condition.

Accessory structure means a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.

Commercial or industrial means used or intended to be used primarily for other than residential purposes.

Dilapidation, deterioration or disrepair shall mean any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.

Exterior means those parts of a structure which are exposed to the weather or subject to contact with the elements, including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.

Garbage means without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.

Inoperable vehicle means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function of legally operating on public streets/roadways.

Nuisance. A nuisance shall include but not be limited to the following:

(1) 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;

(2) All dead animals not removed within 24 hours after death;

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

(4) All stagnant ponds or pools of water;

(5) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;

(6) Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill, or any icebox or refrigerator not in actual use;

(7) 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;

(8) 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.

Person means any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative responsible for the charge, care, control or maintenance of the premises including any owner, tenant, or guest who has property on the premises which is in violation of section 8-201.

Premises means any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.

Public Officer. A public officer is any police officer, including the police chief, the code enforcement officer, or his or her designee.

Refuse means garbage and trash.

Residential means used or intended to be used primarily for human habitation.

Structure means anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.

Trash means combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and noncombustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.

Vehicle means, without limitation, any automobile, truck, tractor or motorcycle or other mode of transportation which as originally built contained an engine, regardless of whether it contains an engine at any other time, and designed to operate on roadways.

Weathered means deterioration caused by exposure to the elements.

Weeds as used herein means any of the following:

(1) Brush and woody vines shall be classified as weeds;

(2) Plants and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(3) Plants and grasses which bear or may bear seeds of a downy or wingy nature;

(4) Plants and grasses which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare;

(5) Plants and grasses on or about residential property which, because of their height, have a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed eight inches in height.

Yard means the area of the premises not occupied by any structure.

(Formerly 8-201, 8-2A05, 8-302, 8-402. Code 2004; Ord. 1172; Ord. 1173; K.S.A. 21-4106:4107; Ord. 1174; Ord. 1175; Ord. 1325; Ord. 1374)