ARTICLE 2. HEALTH NUISANCES

8-201. NUISANCES UNLAWFUL.

It shall be unlawful to maintain a nuisance within the city limits of Tonganoxie as described in this chapter. (K.S.A. 21-4106:4107; Ord. 1174; Ord. 1374)

8-202. COMPLAINTS; INQUIRY AND INSPECTION.

A public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints that a nuisance exists or being informed that a nuisance may exist by the police department, code enforcement officer or their qualified designee. A public 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 a public officer shall make a written report including documentation which may include photos of findings. (Formerly 8-203. Ord. 1174; Ord. 1374)

8-203. RIGHT OF ENTRY.

A public officer has 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. (Formerly 8-204. Ord. 1174; Ord. 1374)

8-204. VIOLATION.

(a)    The code enforcement officer or any officer of the Tonganoxie police department, including the chief of police and deputy chief, may serve upon the person or persons responsible for the property found by a public officer to be in violation of section 8-201 a citation with notice to appear in the municipal court of Tonganoxie, Kansas. The citation shall be served on the person or persons responsible for such property by personal service by the code enforcement officer or any officer of the Tonganoxie police department or by certified mail, return receipt requested. If the property is unoccupied and the person is a nonresident, then by mailing the citation by certified mail, return receipt requested, and first class mail to the last known address of the owner.

(b)    If person or persons responsible for the property have 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 citations to abate or remove a nuisance from such property or provide notice of the citation 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 person responsible for the property is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(Formerly 8-205. K.S.A. 12-1617e; Ord. 1174; Ord. 1325; Ord. 1374)

8-205. SAME; CONTENTS.

The citation shall state the condition(s) which is (are) in violation of section 8-201. The citation 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 citation to abate the condition(s) in violation of section 8-201; or

(b)    Failure to abate the condition(s) within the time allowed may result in prosecution as provided by section 8-206 and/or abatement of the condition(s) by the city as provided by section 8-207.

(c)    Upon the termination of the 10-day period, the city shall notify the violator of failure to abate and requirement to attend court. Determination of abatement will be made by the city administrator or assistant city administrator at the recommendation of the public officer. Notice shall be given by first class mail.

(Formerly 8-206. Ord. 1174; Ord. 1325; Ord. 1374)

8-206. PENALTY.

Should the person or persons to whom the citation is issued fail to comply with the citation to abate the nuisance the citation shall be prosecuted as 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 8-201, be fined in an amount not to exceed $500 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. (Formerly 8-207. Ord. 1174; Ord. 1325; Ord. 1374)

8-207. ABATEMENT.

Upon a guilty finding by the municipal court judge, the judge can order abatement by the city and that costs for such abatement shall be assessed upon the person or persons responsible or assessed to real estate when applicable.

In addition to or as an alternative to prosecution as provided in section 8-206, a public officer may seek to remedy violations of this article in the following manner. If a person or persons to whom a citation has been served pursuant to section 8-204 have not alleviated the conditions causing the alleged violation a public officer may present a resolution to the governing body for adoption authorizing a public 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 8-208. A copy of the resolution shall be served upon the person or persons in violation in one of the following ways:

(a)    Personal service upon the person or persons in violation;

(b)    Certified mail, return receipt requested, and first class mail at the last known address of the person or persons; or

(c)    In the event the whereabouts of such person or persons are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by a public 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.

(d)    If the person responsible for 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 person or persons responsible for the property are a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(Formerly 8-208. Ord. 1174; Ord. 1325; Ord. 1374)

8-208. COSTS ASSESSED.

If the city abates or removes the nuisance pursuant to section 8-207, the city shall give notice to the person or persons responsible for the property by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land 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 the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest have been paid in full. (Formerly 8-209. Ord. 1174; Ord. 1325; Ord. 1374)