(a)   For the purposes of this Article, the words “public nuisance” are hereby defined as any person, corporation, partnership or association doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which the act, omission, condition or thing either:

(1)   Injures or endangers the welfare, health or safety of others; or

(2)   Offends decency; or

(3)   Is offensive, unsightly or hazardous; or

(4)   Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private street, highway, sidewalk, alley, stream, ditch, drainage or any public easement; or

(5)   In any way renders other persons insecure in life or the use and enjoyment of property; or

(6)   Essentially interferes with comfortable enjoyment of life or property, or tends to depreciate the value of the property of others.

(Prior Code 2016 §210.010; Ord. 2664; Code 2021)

(a)   The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions, constitutes a public nuisance; provided however, the following enumeration shall not be deemed or construed to be conclusive, limiting, or restrictive:

(1)   Filth, excrement, lumber, concrete blocks, rocks, dirt, cans, paper, trash, metal, disabled automobiles and/or parts of any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, easement, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied.

(2)   All dead animals not removed within twenty-four (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, bushes, shrubbery, weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed for ornamental purposes.

(6)   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.

(7)   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.

(8)   Any motor 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 City ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable:

(A)  Absence of current registration upon the vehicle;

(B)  Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;

(C)  Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

(9)   The provisions of Subsection (8) shall not apply to:

(A)  Any motor vehicle which is enclosed in a garage or other building.

(B)  The parking of a vehicle inoperable for a period of thirty (30) consecutive days or less, as long as subsections (8)(A,B,C) do not apply.

(C)  Any person conducting a business enterprise in full compliance with existing zoning regulations.

(D)  Any person who places such vehicles behind screening of sufficient size, strength and density, to screen such vehicles from the view of the public and to prohibit ready access to such vehicles by others as long as such screening is in compliance with existing ordinances and zoning regulations. However, nothing in this Subsection shall be construed to authorize the maintenance of a public nuisance.

(10) Any condition which provides harborage for rats, mice, snakes and other vermin.

(11) Pollution of any public or private well, stream, lake, or other body of water by sewage, dead animals, industrial wastes or other substances.

(12) Any building, structure or other place or location where any activity which is in violation of Local, State or Federal law, is frequently conducted, performed or maintained. Two (2) such violations within a one (1) year period are deemed to be frequent.

(13) Dense smoke, noxious fumes, gas, soot, or cinders, such as to be injurious to the public health.

(14) Dead and dying trees which present a danger to the public and property.

(Prior Code 2016 §210.020; Ord. 2664; Code 2021)

It shall be unlawful for any person, corporation, partnership or association to cause, permit, maintain or allow the creation or maintenance of a public nuisance within the corporate limits of the City of Paola.

(Prior Code 2016 §210.030; Ord. 2664; Code 2021)

The above provisions shall not apply to persons conducting a business enterprise in compliance with State Statutes and/or existing zoning regulation who places the above activities entirely within an enclosed building or said conditions are caused by acts of nature or God, criminal acts or fire and explosions.

(Prior Code 2016 §210.040; Code 2021)

The Building Inspector is hereby designated as the Public Officer to be charged with the administration and enforcement of this Article. The City Manager may appoint some other City Official to serve as Public Officer. The Public Officer may appoint other City employees as his or her representative to carry out the purposes of this Article.

(Prior Code 2016 §210.040; Ord. 2664; Code 2021)

A public officer shall make inquiry and inspection of premises upon receiving a written complaint or complaints from the public or after receiving a referral from other public officials that a nuisance may exist. A public officer may make an inquiry and inspection after observing conditions which appear to constitute a nuisance as defined by this Article. A written report shall be made of the public officer’s findings.

(Prior Code 2016 §210.045; Code 2021)

(a)   The Public Officer shall give notice of any nuisance, by certified mail, return receipt requested, or by personal service to the last address of the property owner.

(b)   K.S.A. 12-1617e requires that the notice of abatement shall state the following:

(1)   A common or legal description of the property, or both;

(2)   That the property is in violation of this Article;

(3)   The nature of the violation, including relevant ordinances, with sufficient information that would reasonably allow the recipient to determine the nature of the violation to allow for self abatement;

(4)   That the condition creating the violation shall be abated within ten (10) days from the date of the notice;

(5)   That the recipient, upon written request, may obtain a hearing before the Enforcing Officer appointed pursuant to the terms of Section 8-105, provided that such notice is received by the City Clerk within the ten (10) day notice period;

(6)   That failure to comply with the notice of abatement shall result in the City abating the violation with the assessment of costs made against the property or by filing judgment against the recipient;

(7)   That failure to pay such assessments within thirty (30) days of the notice of costs shall result in the filing of a tax lien against the property, or for filing for judgment against the recipient, or both; and

(8)   That such violations are subject to prosecution.

(Prior Code 2016 §210.050; Ord. 2664; Code 2021; Ord. 3184)

If the property owner makes a written request for hearing within the notice period, then the City shall immediately schedule a hearing before the City Manager or his/her duly authorized representative. The City Manager or representative shall receive evidence, review the investigation, and prepare a written order. The order shall be sent by certified mail to all relevant parties within ten (10) days of the hearing, unless otherwise stated at the hearing, and prior to the City taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific ordinances being relied upon should a violation be found, and state any such other stipulations, methods of abatement, or orders as deemed necessary by the City Manager or his/her duly authorized representative.

(Prior Code 2016 §210.060; Ord. 2664; Code 2021)

(a)   If the Public Officer determines that a violation of this Article exists, he/she may issue a Notice to Appear in Municipal Court for such violation. No other procedures are required as a prerequisite to the issuance of a Notice to Appear.

(b)   The penalty for violating this shall be no less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days, or shall include both a fine and imprisonment. Each day during or on which a violation occurs or continues after notice has been served, shall constitute an additional or separate offense.

(Prior Code 2016 §210.070; Ord. 2664; Code 2021)

(a)   In addition to, or as an alternative to prosecution as provided in Section 8-109, if the owner or agent fails to comply with the requirement of the notice for a period longer than that named in the notice, then the City shall proceed to have the things described in the notice removed and abated from the lot or parcel of ground.

(b)   The City shall not be responsible for damage to the property due to reasonable methods of gaining entrance onto the property or for damage to property in the reasonable exercise of its duty to abate violations of this Article.

(Prior Code 2016 §210.080; Ord. 2664; Code 2021)

(a)   If the City abates the nuisance pursuant to Section 8-110, it shall provide Notice of Costs, in accordance with K.S.A. 12-1617e, to the property owner or agent. The Notice of Costs shall be served personally or delivered by certified mail, return receipt requested, at the last known mailing address; or if the property is vacant or unoccupied, the Notice of Costs shall also be posted on the property in a reasonable manner. The recipient shall have thirty (30) days from the date of the Notice to make full payment. The Notice of Costs shall state:

(1)   The common or legal description of the property, or both;

(2)   The nature of the violation, including relevant ordinances;

(3)   The nature of the work performed to abate the violation;

(4)   The costs incurred from the abatement of the violations in either a lump sum or in itemized form;

(5)   That notice is a demand for payment within thirty (30) days from the date of the notice;

(6)   That failure to pay the entire amount within thirty (30) days shall allow the City to file a tax lien against the property or to pursue litigation for the recovery of costs, or both;

(7)   That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys’ fees when applicable, and interest;

(8)   That payment shall be made by check or money order made payable to the City of Paola, Kansas, with no post-dating of the check, and sent to the address as stated within the notice with a written indication of the purposes for the payment and the address of the property where the violations occurred.

(Prior Code 2016 §210.090; Ord. 2664; Code 2021)

(a)   If the payment of costs is not made within the thirty (30) day period, the City may levy a special assessment for such costs against the lot or parcel of land. The City Clerk at the time of certifying other City taxes to the County Clerk shall certify the aforesaid costs, and the County Clerk shall extend the same on the tax roll of the County against the lot or parcel of ground, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid.

(b)   If any special assessments levied by the City in accordance with K.S.A. 12-1617e, 12-1617f or 12-1755, and amendments thereto, remain unpaid for a period of one (1) year or more after their initial levy, the City may collect the amount due in the same manner as a personal debt of the property owner to the City by bringing an action in the District Court of the County in which the City is located. Such actions may be maintained, prosecuted, and all proceedings taken, including any award of postjudgment interest in accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be and are hereby made available to the City in the enforcement of the payment of such obligations. In such actions, the City also shall be entitled to recover interest at the rate provided in K.S.A. 79-2004, and amendments thereto, from and after the date a delinquency occurs in the payment of special assessments levied in accordance with K.S.A. 12-1617e, 12-1617f or 12-1755, and amendments thereto. The City may pursue collection both by levying a special assessment and in the manner provided by this Section, but only until the full cost and any applicable interest has been paid in full.

(c)   The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, but only until the full cost and any applicable interest has been paid in full.

(Prior Code 2016 §210.100; Ord. 2664; K.S.A. §12-1,115; Code 2021)

Pursuant to K.S.A. 12-1617e, the City may remove and abate from property other than public property or property open to use by the public a motor vehicle determined to be a nuisance. Disposition of such vehicle shall be in compliance with the procedures for impoundment, notice and public auction provided by Paragraph (2) of Subsection (a) of K.S.A. 8-1102, and amendments thereto. Following any sale by public auction of a vehicle determined to be a nuisance, the purchaser may file proof thereof with the division of vehicles, and the division shall issue a certificate of title to the purchaser of such motor vehicle. If a public auction is conducted, but no responsible bid received, the City may file proof thereof with the division of vehicles, and the division shall issue a certificate of title of such motor vehicle to the City. Any person whose motor vehicle has been disposed of pursuant to this Section shall be eligible for a refund of the tax imposed pursuant to K.S.A. 79-5101 et seq., and amendments thereto. The amount of such refund shall be determined in the manner provided by K.S.A. 79-5107, and amendments thereto.

(Prior Code 2016 §210.110; Ord. 2664; Code 2021)

The Public Officer, and his/her authorized representatives are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of investigating violations of this Article or for the abatement of violations pursuant to this Article.

(Prior Code 2016 §210.120; Ord. 2664; Code 2021)

It shall be unlawful for any person to interfere with or to attempt to prevent the Enforcing Officer or his/her authorized representative from entering upon any such lot or piece of ground or from proceeding with his/her duties pursuant to this Article whether investigating or abating violations. Such interference shall constitute an ordinance violation and upon conviction thereof such person shall be fined in an amount of not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00).

(Prior Code 2016 §210.130; Ord. 2664; Code 2021)