(a)   The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(1)   Abandoned motor vehicle means any motor vehicle which is: not currently registered or tagged pursuant to K.S.A. 8-126—8-149, as amended; parked in violation of this Code; incapable of moving under its own power; or in a junked or wrecked condition.

(2)   Accessory structure means a secondary structure detached from the principal structure but on the same premises including, but not limited to, garages, sheds, barns or outbuildings.

(3)   Commercial or industrial means used or intended to be used primarily for other than residential purposes.

(4)   Dilapidation, deterioration or disrepair means any condition characterized by, but not limited to: holes, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.

(5)   Exterior means those parts of a structure which are exposed to the weather or subject to contact with the elements, including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.

(6)   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.

(7)   Person means any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.

(8)   Premises means any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.

(9)   Refuse means garbage and trash.

(10) Residential means used or intended to be used primarily for human habitation.

(11) Structure means anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.

(12) 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 noncombustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.

(13) Weathered means deterioration caused by exposure to the elements. Yard means the area of the premises not occupied by any structure.

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

(Code 1988, §§ 7-1104, 7-1105; Code 2016, Sec. 46-71)

The governing body has found that there exist within the city 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; 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. 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 1988, § 7-1102; Code 2016, Sec. 46-72)

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 1988, § 7-1103; Code 2016, Sec. 46-73)

No person shall be found in violation of this article unless the code enforcement 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 8-205 but shall not include conditions which are not readily visible from any public place or from any surrounding private property.

(Code 1988, § 7-1107; Code 2016, Sec. 46-74)

(a)   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:

(1)   Exterior conditions (yard). 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:

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

(B)  Abandoned motor vehicles;

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

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

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

(A)  Exteriors of any structure;

(B)  Exteriors of any accessory structure; or

(C)  Fences, walls or retaining walls.

(b)   The code enforcement officer may file a complaint in the municipal court against any person found to be in violation of subsection (a); provided however, that such person shall first have been sent a notice as provided by law and that the person has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in the notice. Upon such complaint in the municipal court, any person found to be in violation of subsection (a) shall, upon conviction, be guilty of a class C offense.

(c)   Violations of this section are a nuisance.

(Code 1988, §§ 7-1108, 7-1110; Code 2016, Sec. 46-75)

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 state constitution, by any other law or by ordinance.

(Code 1988, § 7-1115; Code 2016, Sec. 46-76)