It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:

(a)   Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;

(b)   All dead animals not removed within 24 hours after death;

(c)   Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;

(d)   All stagnant ponds or pools of water;

(e)   All grass or weeds or other unsightly vegetation, at a height of eight (8) inches or more, cultivated or grown for domestic use or to be marketed or for ornamental use;

(f)   Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill, or any icebox or refrigerator not in actual use unless the door, opening or lid thereof is unhinged, or unfastened and removed therefrom;

(g)   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;

(h)   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.

(i)    Furniture or household items, not intended for outdoor display or use, stored or located on premises and readily visible to the public.

(K.S.A. 21-4106:4107; K.S.A. 12-1617e; K.S.A. 12-1617f; Ord. 833; Code 2022)

The City of Sedgwick City Council shall designate a public officer or public officers to be charged with the administration and enforcement of this article.

(Ord. 833; Code 2022)

The public officer shall make inquiry and inspection of premises upon receipt of a complaint stating that a nuisance exists and describing the same and where located, or is informed that a nuisance may exist by the board of health, chief of police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings.

(Ord. 833; Code 2022)

It shall be a violation of this code to deny the public officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.

(Ord. 833; Code 2022)

The public officer or designee shall serve any notice required by this chapter utilizing any one of the following methods:

(a)   By personal service on the owner, occupant, or person in charge or control of the property; or

(b)   By regular mail addressed to the owner, occupant, or person in charge or control of the property using the contact information on the utility bill, and if different, at the address shown on the last available assessment roll.

(Ord. 833, Ord. 870; Code 2022)

The notice shall state the condition(s) which is (are) in violation of 8-101. The notice shall also inform the person that:

(a)   He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of 8-101 or

(b)   He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body or its designated representative of the matter as provided by 8-109.

(c)   Failure to abate the condition(s) or to request a hearing within the time allowed my result in prosecution as provided by 8-107 and/or abatement of the condition(s) by the City as provided by 8-108.

(Ord. 833; Code 2022)

Should the person, corporation, partnership or association fail to comply with the order to abate the nuisance or request a hearing the public officer may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of section 8-101, be fined in an amount not to exceed $100 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Ord. 833; Code 2022)

In addition to, or as an alternative to, prosecution as provided in section 8-107, the public officer may seek to remedy violations of this section in the following manner.

(a)   If a person to whom a notice has been sent pursuant to section 8-105 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body or its designated representative within the time periods specified in section 8-106, the public officer shall cause to be cut, destroyed, and/or removed all such weeds and abate the nuisance created thereby at any time during the calendar year.

(b)   The public officer shall give notice to the owner, occupant, or agent in charge of the premises, by restricted mail, of the costs of abatement of the nuisance. The notice shall state that payment of the costs is due and payable within thirty (30) days following the receipt of the notice.

(c)   If the costs of removal or abatement remain unpaid after thirty (30) days following receipt of notice, a record of the costs of cutting and destruction and/or removal shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spreading on the tax rolls of the county.

(d)   The costs of removal or abatement shall be set at a rate established, from time to time, by Resolution lawfully approved and passed by the Sedgwick City Council and be applied on each lot or piece of land which the City has caused to be cut, destroyed, and/or removed all such weeds in the abatement of the nuisance created thereby.

(Ord. 833; Ord. 860; Code 2022)

(a)   It shall be unlawful for any property owner, representative, tenant or other such person with control, occupancy, or possession of real property to allow or maintain a nuisance, as defined by this Code, on any lot or parcel within the City, including sidewalks, alleys, easements and right-of-way in streets or alleyways.

(b)   The property owner, representative, tenant, or other such person with control, occupancy, or possession of real property, as defined in subsection (a) above, shall be responsible for the abatement of any nuisance.

(Ord. 833; Ord. 863; Code 2022)

If a hearing is requested within the 10-day period as provided in section 8-105, such request shall be made in writing to the governing body or its designated representative. Failure to make a timely request for a hearing shall constitute a waiver of the person's right to contest the findings of the public officer before the governing body or its designated representative. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the City of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative. The hearing need be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body or its designated representative shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in section 8-107.

(Ord. 833; Code 2022)

If the City abates the nuisance pursuant to 8-107, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the costs as provided in this section. The County Clerk shall extend the same on the tax roll and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid.

(Ord. 833; Code 2022)