(a) It is unlawful and constitutes a nuisance for any person to park, store, leave, or permit the parking, storage, or leaving of an inoperable vehicle on private property within the city for a period in excess of two days. It is also unlawful and constitutes a nuisance for a person to abandon a vehicle on private property in excess of two days.
(b) In addition to or in lieu of pursuing prosecution in municipal court for violation of the terms of this Section 8-401, the code enforcement officer may pursue the abatement and removal of the inoperable vehicle or abandoned vehicle from private property. The procedure and process the code enforcement officer must follow to abate and remove an inoperable or abandoned vehicle from private property is set forth at Kansas Statutes Annotated 12-1617e. In taking action to abate by removal inoperable or abandoned vehicles from private property, the city must follow the procedures and process set forth at Kansas Statutes Annotated 12-1617e and Section 8-304 of the code. Disposition of a vehicle removed from private property that was determined to be a nuisance must be done in compliance with procedures for impoundment, notice and public auction provided at paragraph (2) of subsection (a) of Kansas Statutes Annotated 8-1102 and amendments thereto.
(c) For the purpose of conducting a hearing required to be held pursuant to the terms set forth at Kansas Statutes Annotated 12-1617e, the governing body designates the city administrator or the city administrator’s designee to be the governing body’s representative. The hearing conducted by the City Administrator or designee is a final decision by the city and is appealable to State District Court pursuance to Kansas Statues Annotated 60-2101(d).
(d) The city may recover its costs of abating by removal of an abandoned vehicle or an inoperable vehicle from private property, including costs of providing notice, and may pursue the collection of its costs by following and complying with procedures set forth at Kansas Statutes Annotated 12-1617e.
(Ord. 532, Sec. 1; Code 2003; Ord. 993)
(a) It is unlawful and constitutes a nuisance for any owner, agent, lessee, tenant or other person occupying or having charge or control of premises to permit weeds to remain upon the premises or any area between property lines of the premises and the center line of any adjacent street or alley, including but not limited to sidewalks, streets, alleys, easements, rights-of-way and other areas public and private.
(b) The city may abate weed conditions by following and complying with Kansas Statutes Annotated 12-1617f. In this regard, except as provided by subsection (c), the city clerk may issue a notice to the owner, occupant or agent by certified mail, return receipt requested, or by personal service, to cut or destroy weeds. If the property is unoccupied and the owner is a nonresident, notice shall be sent by certified mail, return receipt requested, to the last known address of the owner. The notice must state that before the expiration of the waiting period provided in the notice the recipient may request a hearing before the city administrator or designee. The hearing conducted by the City Administrator or designee is a final decision by the city and is appealable to State District Court pursuance to Kansas Statues Annotated 60-2101(d).
If the occupant, owner or agent fails to request a hearing or refuses to cut or remove weeds, after five days’ notice by the city clerk, or in cases where the owner is unknown or is a nonresident, and there is no resident agent, 10 days after notice has been published by the city clerk in the official city newspaper, the city or a contractor hired by the city shall cut or destroy the weeds. The city will keep an account of the cost of same and report to the city clerk. Except as provided by subsection (c), the city shall give notice to the owner, occupant or agent by certified mail, return receipt requested, of the total cost of such cutting or removal incurred by the city. The city may also recover the cost of providing notice, including postage, required by this section. The notice also must state that payment of such cost is due and payable within 30 days following receipt of such notice. If the cost of removal or abatement is not paid within the 30-day period, the city may levy a special assessment for such cost against the lot or piece of land in the same manner as provided in Kansas Statutes Annotated 12-1617e and amendments thereto, or the city may collect the cost in the manner provided by Kansas Statutes Annotated 12-1,115 and amendments thereto. The city may pursue collection both by levying a special assessment and in the manner provided by Kansas Statutes Annotated 12-1,115 and amendments thereto, but only until the full cost and any applicable interest has been paid in full.
(c) In lieu of giving notice of weed abatement as provided in Section 8-402(b), the city clerk, at the direction of the city administrator, may provide for a one-time yearly written notification by mail or personal service to the owner, occupant or agent. The notice must include the same information as is required by Section 8-402(b). In addition, the notice must include a statement that no further notice will be given prior to removal of weeds. If there is a change in the record owner of title to the property after the giving of notice pursuant to this subsection 8-402(c), the City may not recover any costs or levy an assessment for its costs incurred by cutting or destruction of weeds on the property unless the new owner of title to the property is provided notice as required by this Section 8-402(c).
(Ord. 532, Sec. 2; Code 2003; Ord. 993)