This article shall be known as the “Environmental Code.”
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.
(Ord. 455, Sec. 1; Code 1997)
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.
For the purpose of this article, the following rules of construction shall apply:
(a) Any part thereof 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.”
(b) Gender - Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.
(c) Number - Words of number shall be construed to mean singular or plural, as may be applicable.
(d) Tense - Words of tense shall be construed to mean present or future, as may be applicable.
For the purpose of this article the following definitions apply:
(a) Air Pollution -- The presence in the outdoor atmosphere of one or more air contaminants or odors in such quantities and of sufficient duration as to unreasonably interfere with a person’s enjoyment of life or property.
(b) Align -- To arrange in a straight line.
(c) Bold Front - Materials of manufactured products and equipment stacked and aligned in such a way that the front of the stack presents a smooth, uniform and uninterrupted surface.
(d) Commercial Waste - All solid waste originating from and/or generated by establishments engaged in business. Commercial waste includes but is not limited to solid waste originating in stores, markets, office buildings, banks, service stations, restaurants, theaters, car washes, grain elevators, garages, plumbing and electrical shops and entertainment centers.
(e) Composting -- A controlled process of microbial degradation of organic material into a stable, nuisance free humus-like produce accumulated for lawn and/or gardening fertilization purposes.
(f) Construction and Demolition Waste -- Waste or scrap building materials and rubble generated during the construction, remodeling, repair or demolition of houses, commercial buildings, paving and other structures.
(g) Disease Vector -- Rodents, flies, mosquitoes, skunks and other pests capable of transmitting diseases to humans.
(h) Garbage -- Animal or vegetable waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking or serving of meat, produce and other foodstuffs, including unclean containers of such.
(i) Hard Surface - Surface made of metal, concrete, asphalt, crushed rock, or other material of a highly impervious nature.
(j) Industrial Waste -- All solid waste resulting from manufacturing and industrial processes which is not suitable for discharge into a sanitary sewer or for treatment in a community sewage treatment plant.
(k) Lots -- A parcel or plot of land both platted and unplatted, vacant or inhabited, located within the corporate boundaries of the city.
(l) Nuisance - Anything which is injurious to the health or is offensive to the senses or obstructs free use of property in such a way as to interfere with the comfortable enjoyment of life or property; or which adversely affects the entire community or neighborhood or any substantial number of persons even though the extent of the annoyance or damage inflicted upon the various individuals may be unequal. A nuisance does not need to be offensive or disgusting to the perpetrator in order to be a nuisance to others. Examples include but at not specifically limits to (1) grass, weeds and other rank vegetation six inches or more in height; 2) unstacked wood or lumber and metal products; (3) broken, inoperable or discarded items of machinery, household appliances and furnishings; (4) refuse, debris and other waste products; (5) stagnant pools or water and other liquids.
(m) Refuse - Any unwanted and discarded material resulting from residential, commercial, industrial, governmental and agricultural operations. Includes but is not necessarily limits to such items as garbage, rubbish, ashes, street refuse and debris, dead animals, animal waste, construction and demolition wastes, sewage treatment residue and agricultural, commercial and industrial wastes.
(n) Scrap Lumber - Pieces of lumber suitable only for firewood or disposal as refuse.
(o) Scrap Metal - Pieces of metal of no particular value other than their basic material content.
(p) Shall/May -- Shall is mandatory. May is permissive.
(q) Trash -- See Refuse.
(r) Used Lumber -- Lumber products which have been previously used for some specific purpose but which are still suitable for use for construction purposes.
(s) Used Metal -- Items of metal composition in a used condition but still suitable for re-use for the purpose for which originally intended or designed or for some other useful purpose.
(Ord. 455, Sec. 2)
(a) A city beautification committee whose duty it shall be to seek out and investigate potential or prevailing conditions, both reported and unreported, which could or do constitute a nuisance or are in violation of the standards and policies prescribed herein, is hereby established. Committee members shall work closely and in harmony with the city board of health on all matters and conditions having a potential of being injurious to the health of the community.
(b) The committee shall be composed of all the members of the governing body and the city clerk.
(c) The mayor shall serve as chairperson of the committee with the city clerk serving as secretary.
(d) The committee shall meet upon call of the chairperson at such times as conditions or events so warrant. All members shall be required to be present at these meetings. An affirmative vote by at least four of the members in attendance, exclusive of the chairperson and secretary who are non-voting members shall be required for the approval of all proposals of an enforcement nature presented for adoption.
(e) It shall be the duty and responsibility of each committee member to seek out and investigate all conditions, whether reported or unreported, originating and/or present within the confines of the city and which are in violation of the standards and policies prescribed herein. Findings resulting from such investigations shall be reported to the chairperson who, upon being so informed, shall call a meeting of the other members of the committee to review the findings. The committee shall then make a visit to the area involved to view and decide on the corrective action required to remedy, alleviate or eliminate the problem.
(Ord. 455, Sec. 3)
To promote the health and welfare of the inhabitants of the city, the following standards of cleanliness, neatness and general overall maintenance, upkeep and appearance of ground within the business as well as the residential districts of the city are hereby established and shall be strictly enforced from hereon:
(a) General -
(1) Yards in the residential areas shall not be allowed to become cluttered with broken and discarded items of equipment; household appliances, furnishings, lawn or gardening equipment, children’s toys, refuse or other debris.
(2) Grounds around the business establishments shall be maintained in a clean, neat and sanitary condition. Any commercial waste, garbage or refuse generated from day-to-day operations shall be placed in suitable containers or enclosures made for that purpose and removed from the premises or disposed of at least weekly.
(b) Construction or Demolition Waste -- Waste or scrap building materials and residue of this nature generated at the work site shall be collected and removed from the premises at least bi-weekly during the time the construction, repair or demolition is in progress. Any residue on hand after the work has been complete shall be removed from the site within 10 working days thereafter. In the case of buildings which have been demolished leaving an open pit or basement remaining upon removal of the superstructure such areas shall be temporarily blocked off to the public by barricade or some type of restraining fence or gate such time as the hollow has been filled and smoothed level with the surrounding terrain. Filling and smoothing process must be completed within 10 days after removal of the superstructure, barring extenuating circumstances beyond the ability of the owner or other responsibility individual to control.
(c) Empty Drums. Barrels and Other Reusable Containers -- Empty drums, barrels and reusable containers kept for resale or reuse and stored under open storage conditions shall be washed clean of all sediment or residue and stacked neatly in rows and in such a manner as to not retain or collect rainwater which may become stagnant and pose a potential health hazard. Open areas between and around the rows shall be kept free of loose paper, empty beverage containers and other debris and if covered with grass or other vegetation shall be kept neatly mowed to a height of under six inches.
(d) Firewood -- Firewood shall be neatly stacked in square, rectangular, pyramidal or conical shaped stacks, and the area surrounding the stack shall be kept clean, free of debris and if covered with grass or other vegetation, kept neatly trimmed and mowed at a height of under six inches. Such wood stored in disorderly heaps and piles at the time of publication of this article may remain in its present form or condition until the end of the 1984 winter and spring heating season at which time it shall be restacked in the manner just prescribed. Scrap lumber or small pieces of firewood to be used for kindling shall be stored in sheds or bins whenever possible. If piled in the open in no particular shape or uniform arrangement, the base of the pile shall be encircled by a wire netting, or other retaining device to keep the material from becoming scattered.
(e) Flower and Vegetable Gardens - Flower gardens and vegetable gardens and landscaped areas planted in a ground cover of an accepted nursery stock variety shall be kept as nearly as possible free of weeds six inches or taller, and shall be kept free of dead or dying plants unless used for composting. After the growing season, vegetables gardens shall be kept mowed to a height of no more than six inches or tilled and made free of weeds and other unsightly vegetation. Areas planted to numerous plants such as potatoes, turnips, parsnips, carrots, etc., which are not necessarily harvested at the end of the growing season shall be neatly mowed after the above ground portion of the plant has withered and died. Such areas shall be tilled or mowed to a height of no more than six inches once the tuberous crops have been harvested.
(f) New and Used Car Lots -- Vehicles kept in open storage on these lots shall be evenly aligned with the front of each vehicle facing the outside border of the part of ground on which stored. There shall be sufficient vacant space between vehicles within each row and between rows for the buying public to walk unimpeded among the vehicles. Also enough space to allow the doors of the vehicles to be opened fully without coming into contact with the adjoining vehicle on either side. The area ground shall be kept free of loose paper, empty beverage containers and other debris and if covered with grass or other vegetation shall be kept neatly mowed to a height of under six inches. Vehicles needing repair shall not be stored on such lots unless written permission has been obtained from proper city authorities to store such vehicle.
(g) New and Used Farm Construction and Other Types of Equipment - Farm, construction and other mechanical equipment parked in open storage shall be aligned evenly in rows and facing the outside border of the are on which parked. There shall be sufficient space between individual items of equipment and between rows to allow a person to walk freely among them without encountering any obstacles in his or her path. Equipment so stored must be operable or give the appearance of being in an operable ready for use condition, i.e., must not be missing any wheels, tracks or other components which would give it the appearance of being junked. Equipment in need of repair and with obvious components missing may be stored for short periods of time not to exceed 30 consecutive days, the owner, renter or other individual responsible for the storage area shall obtain a permit from the city clerk authorizing the storage for the length of time deemed essential for repair. The area surrounding and under the various items of equipment shall be kept clean and free from loose paper, paper products, empty beverage containers and other debris. If surface area of plat is grass covered, it shall be kept mowed, to a height to of under six inches.
(h) New and Used Lumber and Lumber Products -- Lumber shall be stacked evenly, neatly and as nearly as possible by corresponding size or dimensions. Leading (front) end of stack shall present a bold front to the viewer and, whenever space will permit, this end should face the outside border of the area on which stored. Material may be stored on racks designed for such purpose or, if such facilities are not available, shall be stacked on cross members or beams made of metal, concrete or treated lumber. Such crosspieces to be of sufficient thickness to keep the underside of the stacked material at least three inches above the surface of the ground in order to prevent or discourage the burrowing, nesting and hiding and facilitate the control of termites, mice, rats, reptiles, insects and other vermin which may attempt to inhabit the area. The area surrounding and under the racks or stacks shall be kept clean and free of loose paper, paper products, empty beverage containers and all other debris at all times and if covered with grass shall be kept nearly trimmed and mowed to a height of under six inches.
(i) New and Used Pipe. Conduit and Culvert Material -- Pipe, conduit and culvert material shall be stacked evenly, neat and as nearly as possible by corresponding size and length. Leading (front) end of stack shall present bold front to the viewer and whenever space will permit, this end of the stack should fact the outside border of the area on which stored. Such material shall either be stored on racks designed for that purpose or stacked on cross-members or beams made of concrete, metal or treated lumber. Such crosspieces to be of sufficient thickness to keep the underside of the stacked material at least three inches above the surface of the ground in order to prevent or discourage the burrowing, nesting, and hiding by rats, mice, insects, reptiles and other vermin which may attempt to inhabit the area, also to facilitate spraying operations against these pests when necessary.
The area surrounding and underneath the racks or stacks shall be kept clean and free of loose paper, paper products, empty beverage containers and other debris at all times. Any open area around the storage site, if covered with grass or other vegetation shall be kept neatly trimmed and mowed at a height of under six inches.
(j) Pasture and Hay Lands -- Lots used specifically for the pasturing of livestock or growing of hay crops are exempt from the six inch height limitation imposed for other grassy areas. However, areas shall be kept free of exposed weeds and those areas designated as pasture land shall be grazed or if not grazed, mowed at least twice during the grazing season, May to October. Areas planted to brome, alfalfa, or other grasses for the production of hay shall be mowed at such times as the crop is ready for harvesting and the cut hay removed from the area after curing or baling.
(k) Scrap Lumber -- Scrap lumber if retained for kindling purposes shall be stored and managed in accordance with subsection (d) above. Otherwise any such material shall be removed from the premises on which generated or collected and disposed of as refuse.
(l) Scrap Metal - Any scrap metal collected and retained for resale shall be stored in bins or cribs constructed of metal or wood and if possible in such a manner as to hide the contents therein from public view. The flooring of any such storage structure should be of a hard surface material in order to prevent or discourage the burrowing, nesting, and hiding of rats, mice, snakes, skunks and other disease vectors.
(m) Stagnant Water: Liquids -- Stagnant pools of water and other liquids are considered to be both a nuisance and a potential health hazard. Any such pools found to exist within the city limits shall be drained in such a manner as prescribed by the Beautification Committee and corrective action shall be taken to prevent the reoccurrence of such conditions at some later date. The length of time allowed for the completion of any corrective action required will be set by the committee on a case-by-case basis commensurate with the scope and magnitude of the work involved.
(n) Used Metal -- Used metal and metal products being retained for resale or re-use and stored in open storage shall be segregated as nearly as possible or practical as to type, i.e., siding, sheet metal, angle iron, “I” beams, etc., and stacked on racks constructed for such purposes, or if such facilities are not available, shall be stacked on cross members or beams made of concrete, metal or treated lumber. Such cross-pieces to be of sufficient thickness to keep the underside of the stacked materials at least three inches above the surface of the ground in order to discourage or prevent the burrowing, breeding, nesting, and hiding by rats, mice, insects, reptiles and other vermin which may attempt to inhabit the area, also to facilitate spraying operations against these pests and disease vectors, when necessary. The area surrounding and under the racks or stacks shall be kept clean and free of loose paper, paper products, empty beverage containers and other debris. Open areas in the storage site if covered with grass or other vegetation shall be kept neatly trimmed and mowed at a height under six inches.
(Ord. 455, Sec. 4)
(a) All conditions suspected of being in violation of the standards prescribed herein shall be investigated by the Beautification Committee and a determination made by that body as to the validity and nature of the violation. Once a determination has been made that a violation does in fact exist, a written report of same stating the nature of the violation shall be prepared, signed by the president of the committee, and submitted to the city clerk. Upon receipt of such statement the city clerk shall forthwith cause a written notice to be served upon the owner, occupant agent or other person in charge or in possession of the property, notifying such person he or she is to remove and abate the nuisance or specific condition existing in violation of the standards prescribed herein within the time specified in the notice not exceeding 10 days.
(b) The notice shall be served by a law enforcement officer delivering a copy thereof to such person. In the event the property is unoccupied and the owner thereof is a nonresident of the city, the clerk shall cause a copy of such notice to be mailed to the last known address of the owner thereof, by certified mail in which case the owner shall have 20 days from date of receipt of the notice to remove and abate the nuisance or specific condition violating the standards prescribed herein. Abatement is required in addition to and independently of the penalties provided herein.
(Ord. 455, Sec. 5)
The beautification committee may file a complaint in the municipal court against any person found to be in violation of section 8-207, provided however, that such person shall first have been given a notice as provided in section 8-208 and that the person has not abated the conditions causing the alleged violation. Upon such complaint in the municipal court, any person found to be in violation of section 8-207 shall upon conviction be punished by a fine of not less than $100 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.
(Ord. 455, Sec. 5)
In addition to, or as an alternative to, prosecution as provided in section 8-209, should the owner, occupant, agent or other person in charge of possession of any real property fail to comply with the requirements of the notice provided in section 8-208, the city shall cause such nuisance or condition in violation of the standards prescribed herein to be abated. The city clerk shall keep a record of the cost of such abatement and shall assess and charge such cost to the property upon which the nuisance was located. If the owner or his or her agent fails to pay the assessment to the city within 30 days after receipt of a written notice from the city clerk requesting payment of the assessment, the city clerk shall, at the time of certifying other city taxes to the county clerk, certify the aforesaid costs and the county clerk shall extend the same on the tax roll of the county against the property, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
(Ord. 455, Sec 5(d))
Any person affected by any determination of the beautification committee may appeal such determination in the manner provided by K.S.A. 60- 2101.
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.