Unless otherwise specified, the following terms as used in the City Health Code, as the term “City Health Code” is defined below, mean the following:

“Abandoned vehicle” means a vehicle to which the last registered owner has relinquished control, which remains on private property without the consent of the owner or person in control of the property for more than 48 hours.

“City health code” means and includes the following articles of the code of the city: 8-2, 8-3 and 8-4.

“Code enforcement officer” means a person or persons who is appointed by the city administrator who is responsible for the administration and enforcement of the city health code (see section 8-202).

“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.

“Human excrete” means the body discharge (both feces and urine) of humans.

“Inoperable vehicle” means a vehicle in a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned, or unable to perform the functions or purposes for which it was originally constructed, or

(a)   The absence of a current valid registration plate upon such vehicle permitting that vehicle to be operated on the public streets and highways of the State of Kansas, unless the vehicle has a non-highway vehicle title issued solely because the vehicle was not manufactured for street use, or

(b)   The absence of one or more of the parts of the vehicle necessary for the lawful operation of the vehicle on the public streets and highways, unless the vehicle has a non-highway title issued solely because the vehicle was manufactured for street use, or

(c)   The placement of the vehicle or parts thereof upon jacks, blocks, chains, or other supports.

“Insects” means the classes Insecta and Arachnida of the phylum Arthropoda including flies, mosquitoes, fleas, lice, cockroaches, bedbugs, plant bugs, mites, ticks, spiders, and scorpions.

“Manure” or “animal excrete” means the body discharge of all animals except humans.

“Noxious weeds” means species of plants declared by adoption by the secretary of agriculture of the state of Kansas to be a noxious weed in the state of Kansas.

“Nuisance” means any condition that is declared to be constitute a nuisance under this City Health Code.

“Owner” means any person who is a holder of any legal or equitable interest in the premises, and alone or jointly or severally with others:

(a)   Has record legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; or

(b)   Has charge, care, or control of any dwelling or dwelling unit and if the case permits, may include all persons who have an interest in a structure and any who are in possession or control thereof as owner or agent of the owner, contract purchase, or as executor, executrix, administrator, administratrix, trustee, or guardian of the estate of the owner;

(c)   Collects rent for a dwelling unit on behalf of or in place of the owner.

Any such person representing the owner shall be bound to comply with the provisions of this chapter to the same extent as if he/she were the owner, and upon failure to comply therewith shall be subject to the same penalties hereinafter set out.

“Premises” means a lot, plot, or parcel of land including structures located thereon.

“Property” means any real property within the city which is not a street or highway.

“Refuse” means all putrescible and non-putrescible waste materials such as trash, debris, garbage, tree trimmings, grass cuttings, dead animals, and solid industrial wastes, but shall not include human or animal excrete.

“Rodents” mean the so-called domestic rats, Rattus norvegicus, and Rattus rattus, and domestic mice, Mus musculus and wild native rodents associated with the transmission or disease or causing nuisance to man or other animals.

“Rodent harborage” means any condition which provides shelter or protection for rodents, thus favoring their multiplication and continued existence in, within, or outside a structure of any kind.

“Rodent stoppage” means a form of rodent-proofing to prevent the ingress of rodents into a building from the exterior or from one building to another building, consisting of the closing of openings in exterior walls, ground floors, basements, roofs, or foundations that may be reached by rodents from the ground with material or equipment impervious to rat-gnawing.

“Salvage material” means materials of some value that are obtained from the disassembly of various kinds of machinery, mechanical appliance, and/or the demolition of buildings or structures.

“Salvage yard” means any premises used for the collecting, dismantling, storing, and/or salvaging of machinery, equipment, appliances, inoperable vehicles, vehicle parts, bulky waste, salvage material, junk, or discarded materials; and/or for the sale of parts therefrom. Typical uses include motor vehicle salvage yards and junk yards.

“Sanitary sewage” means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

“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 non-combustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.

“Wastewater” means any water or liquids that is used for any purpose and then discharged on or from the premises where used.

“Water impoundment” is a collection of water created by improper drainage or discharge, not including a natural water course, artificial pond, or lake, which may create breeding areas for mosquitoes and other health hazards.

“Weeds” means any of the following: (a) Noxious weeds; (b) brush and woody vines; (c) weeds which bear or may bear seeds of downy or wingy nature; (d) weeds which obtain or may obtain such large growth as to become, when dry, a fire menace; (e) weeds which are located in an area which harbor rodents, insects, animals, reptiles, or any other animal which may or does constitute a menace to health, public safety, or welfare; (f) weeds and grass which, because of its height, has a blighting influence, exceeds 12 inches in height, or is presumed to be blighting.

(K.S.A. 21-4106:4107; Code 2003; Ord. 993)

The code enforcement officer is responsible for the enforcement of the city health code and is authorized to make investigations and/or issue notices or directives as are necessary for the enforcement of the city health code. In addition, the code enforcement officer is authorized to pursue enforcement of the city health code and pursue abatement of nuisances as authorized by the city health code.

(Code 2003; Ord. 993)

A violation of any provision of the city health code is a misdemeanor punishable by jail confinement of not to exceed 30 days and/or a fine of not to exceed $500.00. Every day that a violation of the city health code occurs constitutes a separate offense and is punishable as a separate offense. If a violation of the city health code is continuing, the court shall enter an order, as the court deems appropriate, to cause the violation to be abated.

(Ord. 539, Sec. 9; Code 2003; Ord. 993)

Whenever the code enforcement officer determines that a violation of any provision of the city health code is occurring, the code enforcement officer, before filing a complaint of violation in the city municipal court, must give notice of the violation to the person or persons responsible for the violation. The notice must: (a) be in writing; (b) particularize the violation alleged to exist or have been committed; (c) provide a reasonable time for correction of the violation particularized; and (d) be addressed to and served upon the owner and/or occupant of the premises.

Notice of violation will be deemed to be properly served if the notice of violation is served personally upon an alleged violator, or if the notice of violation is sent by certified mail to the last known address of the alleged violator if notice of violation cannot be served as stated above. Service of the notice of violation may be accomplished by publication of the notice in the official newspaper of the city.

(Ord. 539, Sec. 11; Code 2003; Ord. 993)