ARTICLE 2A. ENVIRONMENTAL CODE

8-2A01. TITLE.

This article shall be known as the “Environmental Code.” (Code 2004; Ord. 1172; Ord. 1374)

8-2A02. LEGISLATIVE FINDING OF FACT.

The governing body has found that there exist within the city of Tonganoxie unsightly and hazardous conditions due to: dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; accumulations increasing the hazards of accidents or other calamities; structural defects; uncleanliness; and unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof. Such conditions are inimical to the general welfare of the community in that they have a blighting influence on the adjoining properties, the neighborhood and the city, or are injurious to the health and safety of the residents of the city of Tonganoxie. The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided. (Code 2004; Ord. 1172; Ord. 1374)

8-2A03. PURPOSE.

The purpose of this article is to protect, preserve, upgrade, and regulate the environmental quality of industrial, commercial and residential neighborhoods in this city, by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods, and to provide for the administration and enforcement thereof. (Code 2004; Ord. 1172; Ord. 1374)

8-2A04. RULES OF CONSTRUCTION.

For the purpose of this article, the following rules of construction shall apply:

(a) Any Part Thereof. Whenever the words “premises,” “structure,” “building” and “yard” are used they shall be construed as though they were followed by the words “or any part thereof.”

(b) Gender. Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.

(d) Tense. Words of tense shall be construed to mean present or future, as may be applicable.

(e) Shall. The word “shall” is mandatory and not permissive.

(Code 2004; Ord. 1172; Ord. 1374)

8-2A05. ENFORCEMENT STANDARDS.

No person shall be found in violation of this article unless a public officer, after a reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood. Such evidence shall include conditions declared unlawful under section 8-2A06 but shall not include conditions which are not readily visible from any public place or from any surrounding private property. (Formerly 8-2A07. Code 2004; Ord. 1172; Ord. 1374)

8-2A06. UNLAWFUL ACTS.

It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city. For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:

(a) Exterior conditions (yard) shall include, but not be limited to, the scattering over or the parking, leaving, depositing or accumulation on the yard of any of the following:

(1) Lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;

(2) Abandoned vehicles;

(3) Furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property; or

(4) Nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner.

(b) Exterior conditions (structure) shall include, but not be limited to, deteriorated, dilapidated, or unsightly:

(1) Exteriors of any structure;

(2) Exteriors of any accessory structure; or

(3) Fences, walls, or retaining walls.

(Formerly 8-2A08. Code 2004; Ord. 1172; Ord. 1374)

8-2A07. VIOLATION.

(a) The code enforcement officer or any officer, including the chief of police and deputy chief of the Tonganoxie police department, may serve upon the person or persons responsible for the property found by a public officer to be in violation of section 8-2A06 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 owner is a nonresident, then by mailing the citation by certified mail, return receipt requested, to the last known address of the owner.

The citation shall state:

(1) The condition which has caused the violation of this article; and

(2) That the person in violation shall have:

(A) Ten days from the date of the mailing of the notice to alleviate the exterior conditions (yard) violation; and/or

(B) Forty-five days from the date of the mailing of the notice to alleviate the exterior conditions (structure) violation; or in the alternative to subsections (a)(2)(A) and (B) of this section;

(3) That failure to alleviate the condition may result in prosecution of the citation under section 8-2A08 and/or abatement of the condition by the city according to section 8-2A09 with the costs assessed against the property under section 8-2A11.

(b) If the 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 is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(Formerly 8-2A09. K.S.A. 12-1617e; Code 2004; Ord. 1172; Ord. 1325; Ord. 1374)

8-2A08. PENALTY.

Upon prosecution of such complaint in the municipal court, any person or persons found to be in violation of section 8-2A06 shall upon conviction be punished by a fine of not less than $50 nor more than $500, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment, for each offense. For the purposes of this article, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist. (Formerly 8-2A10. Code 2004; Ord. 1172; Ord. 1325; Ord. 1374)

8-2A09. ABATEMENT.

In addition to or as an alternative to prosecution as provided in section 8-2A08, a public officer may seek to remedy violations of this article in the following manner. If a person to whom a citation has been served pursuant to section 8-2A07 has 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 8-2A11. 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; 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 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 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 8-2A11. Code 2004; Ord. 1172; Ord. 1325; Ord. 1374)

8-2A10. APPEALS.

Any person affected by any determination of the governing body under section 8-2A08 or 8-2A09 may appeal such determination in the manner provided by K.S.A. 60-2101. (Formerly 8-2A12. Code 2004; Ord. 1172; Ord. 1325; Ord. 1374)

8-2A11. COSTS ASSESSED.

If the city abates or removes the nuisance pursuant to section 8-2A09, 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 8-2A13. Code 2004; Ord. 1172; Ord. 1325; Ord. 1374)

8-2A12. CONSTRUCTION.

Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this article shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance. (Formerly 8-2A14. Code 2004; Ord. 1172; Ord. 1325; Ord. 1374)