CHAPTER XI. PROPERTY MAINTENANCE EXTERIOR

Transcription

1 CHAPTER XI. PROPERTY MAINTENANCE EXTERIOR ARTICLE 1. GENERAL Title Intent Purpose Severability Responsibility Enforcement Officer Liability Inspections Right of Entry Construction ARTICLE 2. NOTICE AND ORDERS Notice of Violation Method of Service Repeat Offender Penalty Abatement Means of Appeal Costs Assessed Transfer of Ownership Notices to Appear ARTICLE 3. RULES AND DEFINITIONS Rules of Construction General Definitions ARTICLE 4. EXTERIOR PROPERTY MAINTENANCE Scope Disposal of Trash and Garbage Dumpsters Grading and Drainage Graffiti Health and Sanitation Infestation Inoperable Vehicles Parking on Paved Surfaces Outside Storage Rain Barrels Sidewalks, Parking Lots and Driveways Minimum Sight Triangle Storage Containers Structures Vacant and Abandoned Properties Vehicles As Living Quarters ARTICLE 5. WEEDS Removal of Weeds Notice Abatement; Assessment of Costs

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3 Chapter XI. Property Maintenance 11-3 ARTICLE 1. GENERAL NOTE: See also Chapter IV. Buildings and Construction Title. This Chapter shall be known as the Property Maintenance Code of the City of Bonner Springs, Kansas, hereinafter referred to as this Code Intent. The Governing Body has found that there exists within the City limits of Bonner Springs, Kansas the lack of property maintenance of personal property, causing unsightly and hazardous conditions. Such conditions include but are not limited to: dilapidation, deterioration or disrepair of all property structures; accumulations of trash, junk and debris; unsanitary conditions; unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof; overgrowth of weeds and uncultivated gardens, stagnant water and pest infestations. The Governing Body desires to promote the public health, safety and welfare of its citizens by enforcing the repair, removal, abatement and regulation of this Code in the manner hereafter provided Purpose. The purpose of this Code is to provide the administration and enforcement thereof and to protect, preserve, enhance, and regulate the exterior maintenance of all properties in this City by eliminating conditions which have a negative effect to the general welfare of the community; have a blighting effect on adjacent properties and neighborhoods; and are injurious to the health, safety and welfare of the public Severability. If a section, subsection, sentence, clause or phrase of this Code is, for any reason, found to be unconstitutional, such decision shall not affect the validity of the other portions of this Code Responsibility. The owner of the premises shall maintain the exterior of structures and property in compliance with the requirements of this Code. A person shall not occupy as owner-occupant or permit another person to occupy the premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Code Enforcement Officer. The City Manager shall designate a Code Official or any duly authorized representative who shall be charged with the administration and enforcement of this Article, hereinafter known as the Code Official.

4 Chapter XI. Property Maintenance Liability. The Code Official or duly authorized representative charged with the enforcement of this Code, while acting for the jurisdiction, in good faith and without malice in the discharge of the duties required by this Code or other pertinent law or ordinance, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of official duties. Any suit instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this Code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this Code Inspections. The Code Official shall perform inspections either through a routine canvass of the City or upon receipt of a complaint that a nuisance exists. Upon observation and verification of a Code violation, the Code Official shall notify the person(s) responsible for the maintenance of the property as described in Article 2 of this Code Right of Entry. The Code Official or any authorized agent of the City shall have the right of access and entry upon private property to investigate violations of this Code or for abatement of violations pursuant to this Code. The Code Official shall have recourse to the remedies provided by law to secure entry against any person who interferes with the right of entry Construction. Nothing in this Code 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 Code shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.

5 Chapter XI. Property Maintenance Notice of Violation. ARTICLE 2. NOTICE AND ORDERS Any owner, occupant, or person found by the Code Official to be in violation of this Chapter shall be sent a notice of such violation. The written notice shall include all of the following: (a) Address or legal description of the premises. (b) Statement of the violation(s) and why the notice is issued. (c) Corrective order that allows ten (10) days from the date of the mailing of a violation notice to bring the premises into compliance. (d) Notice of appeal process wherein a person in receipt of a notice of violation has ten (10) days from the date of the mailing of the violation notice to request a hearing on the matter before the Governing Body, as provided in Section (e) Penalty for failure to abate the violation or to request a hearing within the time allowed may result in prosecution under Section and/or abatement of the condition(s) by the City or its authorized agent under Section with the costs assessed against the property, either by lien or special assessment, under Section Method of Service. Such notice shall be deemed to be properly served if a copy thereof is: (a) Sent by certified or first class mail to the last known address; or (b) Delivered personally; or (c) If the notice is returned and indicates that the letter was not delivered, a copy shall be posted in a conspicuous place on or about the premises affected by such notice Repeat Offender. Any owner, occupant or person found in violation under this Code of a like or substantially similar condition within 12 months after a conviction in a court of competent jurisdiction shall be served a notice to appear without the requirement to send notifications as stated in Section (Code 2014; Ord. 2404) Penalty. (a) Any person, who shall violate a provision of this Chapter, or fail to comply therewith, or with any of the requirements thereof, shall be guilty of a Class C violation as prescribed by the Public Offense Code of the City and shall be prosecuted within the limits provided by State or local laws. Each day that a violation continues after due notice has been served shall be deemed a separate offense. The application of the above penalty shall not be held to prevent the abatement of prohibited conditions.

6 Chapter XI. Property Maintenance 11-6 (b) Re-inspection Fees. If the owner fails to abate a violation by the stated re-inspection date, the owner will be charged a failed re-inspection fee for each unabated violation. Additionally, if a Notice to Appear is issued to the owner, a failed pre-court inspection fee will be charged for each and every court appearance. Payment is due within 30 days following receipt of the notice to pay and if not received, the costs will be assessed according to (b). (K.S.A :4107; Code 2014; Ord. 2404) Abatement. In addition to, or as an alternative to prosecution as provided in Section , the Code Official may seek to remedy violations of this Code in the following manner, with the exception of weed violations under Section If a person to whom a notice has been sent pursuant to Section has neither alleviated the conditions that caused the alleged violation nor requested a hearing before the Governing Body within the time periods specified in Section , the Code Official may present a resolution to the Governing Body for adoption to authorize the Code Official or other agents of the City to abate the conditions that caused the violation at the end of ten (10) days after passage of the resolution. The resolution shall further provide that the costs incurred by the City shall be charged against the premises on which the nuisance was located as provided in Section A copy of the resolution shall be served upon the person in violation in one of the following ways: (a) Personal service upon the person in violation; (b) Service by certified mail, return receipt requested; or (c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the Code Official and filed with the City Clerk, and the service of the resolution shall be made by publication of the same once each week for two (2) consecutive weeks in the official City newspaper and by posting a copy of the resolution on the premises where such condition exists Means of Appeal. Any person directly affected by a decision of the Code Official or a notice or order issued under this Code shall have the right to appeal to the Governing Body. Such request for an appeal shall be made in writing to the City Clerk within ten (10) days from the mailing of the notice. Failure to make a timely request for an appeal shall constitute a waiver of the person's right to contest the findings of the Code Official before the Governing Body. A hearing on the appeal shall be held by the Governing Body as soon as possible after the filing of the request and the person shall be advised by the City of the time and place of the hearing at least five (5) 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. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the appeal hearing, the Governing Body shall record its determination of the matter by adoption of a resolution and serving the resolution upon the person in the matter provided in Section Any person affected by any determination of the Governing Body under Sections or may appeal such determination in the manner provided by K.S.A

7 Chapter XI. Property Maintenance Costs Assessed. Costs Assessed. If the City abates the violation pursuant to and/or charges a failed reinspection fee pursuant to Section (b), the City shall give notice to the owner or his or her agent by First Class Mail of the total cost of the abatement incurred by the City and/or failed re-inspection fee. The notice shall also state that the payment is due and payable within (30) days following receipt of the notice. If the notice is not paid within the (30) day period, the payment shall be collected in the following manner: (a) Under provisions outlined in K.S.A. 12-1,115, and amendments thereto; or (b) By lien or levy of a special assessment against the property on which the violation is located by only until the full cost and applicable interest has been paid in full. The City Clerk, at the time of certification of other City taxes, shall certify the unpaid portion of the costs and the County Clerk shall extend the same on the tax rolls of the County against such property and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. (c) Uncollected abatement costs and/or failed re-inspections fees may be collected through the Kansas State Set-off Program or another collection agency. (Code 2014; Ord. 2404) Transfer of Ownership. It shall be unlawful for the owner of any premises who received a compliance order or upon whom a notice of violation was served to sell, transfer, mortgage, lease or otherwise dispose of such premises to another until the provisions of the compliance order or notice of violation are complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Official. Such owner shall furnish to the Code Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee that acknowledges the receipt of such compliance order or notice of violation and accepts responsibility with conditions to make the corrections or repairs required by such compliance order or notice of violation Notices to Appear. Pursuant to the authority of Charter Ordinance No. 29, the Code Official shall have the authority to issue Notices to Appear for violations of this Code.

8 Chapter XI. Property Maintenance 11-8 ARTICLE 3. RULES AND DEFINITIONS Rules of Construction. 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. (e) Shall - The word shall is mandatory and not permissive. (f) Terms Not Defined Where terms are not defined through the methods stated in this Article, such terms shall have ordinarily accepted meanings such as the context implies General Definitions. The words and phrases listed below when used in this Article shall have the following meanings: (1) Anchored Secured in a manner that provides positive connection. (2) Approved Approved by the Code Official. (3) Accessory Buildings A secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings. (4) Blighting Effect Conditions that exist on private property that have an adverse effect on adjacent properties and/or neighborhoods. Such conditions of unsightliness, dilapidation, deterioration and general lack of proper maintenance have the potential to decrease property values, livability and aesthetics and increase crime and abandonment which can have a detrimental effect on the life, health and safety of the community. (5) Code Official City official charged with the administration and enforcement of this Code, or any duly authorized representative. (6) Commercial, Office, or Industrial Property used or intended to be used primarily for uses other than residential or agricultural purposes. (7) Compost Pile A mixture that consists of leaves, stems, grasses, dirt and other organic matter which shall be stored in an enclosure and used for garden soil conditioning purposes. Said enclosure shall be screened or placed in a manner which is not offensive to adjacent residents or the general public.

9 Chapter XI. Property Maintenance 11-9 (8) Detached A structure physically disconnected from another. (9) Dilapidation, Deterioration or Disrepair Any condition characterized by, but not limited to: holes; breaks; rot; decay; crumbled, cracked, peeled or flaked paint; rust or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathered conditions. (10) Dumpster Any portable container, to include but not limited to, roll off boxes, collection bins or tubs, used or designed for collection, transportation or disposal of refuse, waste, construction/demolition materials, junk or debris. (11) Easement That portion of land or property reserved for present or future use by a person or agency other than the legal owner of the property. The easement shall be permitted to be for use under, on or above a said lot or lots. (12) Exterior Those parts of a structure which are exposed to the weather or subject to contact with the elements, to include but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs and the open space on the premises. (13) Filth Foul matter; anything that soils or defiles; dirt; nastiness. (14) Furniture, Outdoor weather resistant furniture designed and manufactured for outdoor use. (15) Garbage Animal, fruit or vegetable waste from handling, preparation, cooking and consumption of food. (16) Guard A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level. (17) Harborage Any condition which provides shelter or protection for insects, rodents or other pests, that may increase their multiplication and continued existence in, under or outside a structure of any kind. (18) Imminent Danger A condition which could cause serious or life threatening injury or death at any time. (19) Infestation The presence of insects, rats, vermin or other pests within or contiguous to a structure or premises. (20) Inoperable Motor Vehicle A vehicle which cannot be driven upon the public streets for reasons including, but not limited to being unlicensed, wrecked, abandoned, in a state of disrepair or incapable of being moved under its own power. (21) Lawn Trailer, Lawn Wagon or Yard Trailer A single axel trailer used for the purpose of hauling material around a property. (22) Neglect The lack of proper maintenance and upkeep of a structure or premises. (23) Noxious Weeds For the purpose of this Code, the term noxious weeds shall mean: Johnson Grass (Sorghum halepense), kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis),

10 Chapter XI. Property Maintenance Russian knapweed (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quack grass (Agropyron repens), leafy spurge (Euphorbia esula), bur ragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.) and sericea lespedeza (Lespedeza cuneata) as defined under K.S.A. Chapter 2, Article 13. (24) Occupant Any individual who lives or sleeps in a building or has possession of a space within a building. (25) Owner Any person, agent, firm, or corporation having a legal or equitable interest in the property; or recorded in the official records of the State, County or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court. (26) Paved Driveway A hard surfaced area of concrete, asphalt, paving bricks or similar material as required in the Bonner Springs Zoning Ordinance, designed and constructed specifically for use by motorized vehicles as a path for the vehicle to be driven across or as a location at which a vehicle could be parked or stored. (27) Person An individual, corporation, partnership or any other group that acts as a unit. (28) Pest Elimination The control and elimination of insects, rodents or other pests by removal of their harborage places, removal of materials that serve as their food or water or by other approved pest elimination methods. (29) Premises A lot, plot or parcel of land, easement or public way, to include any structures thereon. (30) Property Anything that is owned by a person or entity. (31) Protective Treatment, Structural Paint or other protective application for exposed wood surfaces, other than decay resistant wood surfaces, applied to prevent rotting and deterioration. (32) Public Way Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use. (33) Rain barrel An above ground storage container with an automatic overflow diversion system that collects and stores storm water runoff from a roof of a structural design that would otherwise have been run off and diverted into a storm drain. (34) Repeat Violation A like or substantially similar violation under this Code that occurs more than twice on a property within a three-year period in which an owner, occupant or person was previously noticed or cited. (35) Repeat Violator Any owner, occupant or person who has previously been issued two notices within a three-year period for a like or substantially similar violation. (36) Residential Used or intended to be used primarily for human habitation.

11 Chapter XI. Property Maintenance (37) Sight Distance The length of roadway visible to a driver that must be kept free from obstructions to ensure drivers have a clear and adequate line of sight of oncoming traffic. Drivers need adequate sight distance to anticipate and avoid potential collisions with objects in the roadway or with other vehicles at intersections. (38) Strict Liability Offense An offense in which the prosecution in a legal proceeding is not required to prove criminal intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an act which the defendant was legally required to do so. (39) Structure That which is built or constructed or a portion thereof. (40) Tenant A person, corporation, partnership or group, whether or not the legal owner of record, occupying a building or portion thereof as a unit. (41) Trash Combustible and noncombustible waste materials, except garbage, to include residue from the burning of wood, coal, coke and other combustible materials, paper rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, dust and other similar materials. (42) Vector Any agent (person or animal or microorganism) that carries and transmits a disease. (43) Vehicle Passenger car, passenger van, pickup truck or motorcycle licensed for use on public streets, designed primarily for the transportation of people as opposed to equipment, freight or other vehicles, and sold primarily to individuals for personal use. (44) Weathered Deterioration caused by exposure to the elements. (45) Weeds For the purpose of this Code, the term weeds shall mean any of the following: (a) weeds and/or indigenous grasses that exceed 12 inches in height; (b) brush and woody vines; (c) weeds and grasses which may attain such large growth as to become a fire menace, when dry, to a premise and adjacent improved property; (d) weeds which bear or may bear seeds of a downy or wingy nature; (e) weeds located in an area which harbors rats, insects, animals, reptiles or any other creature which either may or does constitute a menace to health, public safety or welfare; (f) weeds and grasses on or about residential property which, because of its height, has a blighting effect on the neighborhood and (g) all noxious weeds. (46) Yard The open area of a premise not occupied by any structure. (47) Yard Waste Leaves, grass clippings, tree limbs, brush, soil, rocks or debris that result from landscaping, gardening, yard maintenance or land clearing operations. (Code 2014; Ord. 2404)

12 Chapter XI. Property Maintenance Scope. ARTICLE 4. EXTERIOR PROPERTY MAINTENANCE The provisions of this Article shall govern the minimum requirements and responsibilities of persons for exterior property maintenance. All exterior property and premises shall be maintained in a clean, safe and sanitary condition Disposal of Trash and Garbage. The owner or occupant of every premise shall dispose of trash and/or garbage in a clean and sanitary manner and shall be required to maintain on the premises one of the following: (a) approved leak-proof trash container(s) equipped with tight fitting lid(s) or (b) a commercial dumpster. All residential trash and garbage must be bagged and, if stored outside, must be placed in an acceptable container. Approved trash containers shall be stored in an enclosed structure or in the least conspicuous location to the rear of, adjacent to, and in close proximity to a residential or commercial structure. Commercial dumpster enclosures must be maintained and kept free from the accumulation of loose trash and garbage. The Solid Waste Management Code of the City of Bonner Springs describes additional requirements for the disposal of trash and garbage Dumpsters. A refuse dumpster is a large trash receptacle that many businesses, apartment buildings, offices and industrial sites use to store waste until removed by a contracted disposal company. Construction dumpsters are also used on private properties during new construction, home remodels, cleanup projects or demolition of structures. Requirements for use and maintenance of dumpsters are provided as follows: (a) All dumpsters shall be located on private property on a driveway or other improved surface and shall not be positioned or located in the yard. Construction dumpsters are allowed for a period of thirty (30) days. If an approved construction/building permit was issued, a dumpster may remain in place for the duration of that project. (b) In extenuating circumstances where placement of a construction dumpster on private property is not possible, prior written permission shall be obtained from the City to place a dumpster temporarily on public property to include streets, rights-of-way, parking lots or parks. The owner and/or the user of a dumpster placed on public property are responsible for any damages that may occur to any public infrastructure. The City may deny the use of dumpsters in the public rights-of-way if a dumpster is too wide to allow public safety vehicles or any other traffic through or if there are public health or safety concerns. (c) A construction dumpster placed temporarily in the street or on public right-of-way must have flashers or reflectors on the outside corners that face traffic as well as safety cones at each end of the container at all times. (d) Dumpsters shall not block a public sidewalk or be placed in a location that restricts the sight distance of an intersection. Sight distance will be determined by the Code Official. (e) Dumpsters must be well maintained, in good condition, display the name or logo and telephone number of the owner and be suitably supported at each contact point to prevent damage to paved surfaces. The City Zoning Ordinance describes additional requirements for screening of refuse dumpsters in each of the zoning districts.

13 Chapter XI. Property Maintenance (f) Dumpsters not equipped with lids must be covered when materials inside are easily airborne, pose a hazard, emit an odor or are otherwise offensive. (g) Trash and garbage must be placed inside the dumpster. It cannot be placed alongside or on top of the container. The area around the exterior of the dumpster or inside the refuse dumpster enclosure shall be routinely maintained and remain free from accumulation of trash and garbage. (h) All dumpsters must be emptied when full. For the purpose of this Code, full is defined as when the contents of the dumpster reach an average level of one foot below the top edge of the dumpster sides. Any dumpster which reaches the full status and is not emptied within seven (7) calendar days shall be considered in violation of this ordinance. (i) Dumpsters shall not be cleaned on any public property. (j) The City may cause removal of a dumpster from public property if the container is in violation of this ordinance. The owner of the container, or if the owner cannot be determined, the person that placed it in the public right-of-way shall pay all costs, fees, penalties or other expenses incurred by the City for removal, storage fees and disposal of any container and its contents Grading and Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water, thereon, or within any structure located thereon. Exception: Approved retention areas and reservoirs Graffiti. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair Health and Sanitation. It shall be unlawful for any person to allow on any lot, parcel of land, public or private driveway, alley, street or other place in the City 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 include, but are not limited to: (a) Accumulation of filth, excrement, brush, grass clippings, leaves, trash, junk or debris; (b) Any place, structure or substance which emits or causes any offensive, disagreeable or nauseous odors; (c) All dead animals or places where animals are kept in an offensive manner. (d) All stagnant ponds, pools, or containers of water which may serve as a breeding ground for insects or other vector;

14 Chapter XI. Property Maintenance (e) Abandoned refrigerators, freezers or latchable containers on the premises. (f) All objects or items whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or any neighborhood; (g) Any fence, structure, object or substance placed upon any street, sidewalk, alley or public property which creates an obstruction or hazard, unless permitted by emergency personnel or the City. (K.S.A :4107; Code 1970, 12-32; Code 2014) Infestation. It shall be unlawful for any person to maintain or permit conditions that would cause or create an infestation or harborage of insects, rodents or other pests, hereinafter referred to as vermin, within or contiguous to a structure or premises. All structures in which vermin are found shall be promptly exterminated by approved processes that will not be injurious to human or pet health. After extermination, proper precautions shall be taken to prevent re-infestation. (a) Owner. The owner of any structure shall be responsible for extermination within the structure prior to its rent or lease. (b) Occupant. The occupant of a single-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination and continued control of vermin on the premises. Exception: Where infestations are caused by defects in the structure, the owner shall be responsible for extermination. (c) Multiple Occupancy. The owner of a structure that contains two (2) or more dwelling units or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant and owner shall be responsible for extermination Inoperable Vehicles. It shall be unlawful for any person to maintain or permit any inoperable vehicle within the City. The provisions of this Section shall not apply to: (1) any motor vehicle enclosed in a garage or other building; or (2) any person who conducts a business enterprise in compliance with existing zoning regulations. Nothing in this Section shall be construed to authorize the maintenance of a public nuisance. Disposition of any motor vehicle removed and abated from private property pursuant to this Section shall be as provided by K.S.A. Supp , as amended. Any one of the following conditions shall raise the presumption that a vehicle is inoperable: (1) Absence of a current registration plate upon the vehicle pursuant to K.S.A to inclusive; (2) Placement of the vehicle or parts thereof upon jacks, blocks, or other supports; (3) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway; (4) Flat tire(s) for a period of time in excess of 14 days;

15 Chapter XI. Property Maintenance (5) Overgrown in weeds, covered in filth, or tires that have sunk into the ground from long term lack of use Parking on Paved Surfaces. Vehicles stored outside of a structure shall be parked on a paved driveway. Under General Provisions of the Off-Street Parking and Loading Regulations in the City Zoning Ordinance, use of gravel for driveways or parking surfaces is not allowed and must be on an all-weather, dust free driveway. Pre-existing, non-conforming gravel driveways or parking surfaces must be maintained with gravel. If a majority of the gravel driveway or parking surface is not maintained and becomes overgrown with grass and/or weeds, parking is no longer allowed on that area and the driveway or parking surface must be removed or replaced with an approved paved surface. This Section shall not apply to agricultural equipment parked on property used primarily for agricultural purposes; lawn trailers and recreational equipment parked in compliance with the provisions of the Bonner Springs Zoning Ordinance; or to temporary events where parking on unpaved surfaces was specifically approved by the City or by a special event permit Outside Storage. No person shall allow on or around the exterior of the premises the accumulation, placement or storage of the following, including but not limited to: personal items or objects, appliances, auto parts, bicycles, yard tools, excessive toys, construction or contractor materials and equipment, tires, machinery and inoperable motor vehicles. All items must be stored inside a structure, accessory building or at an approved storage facility unless specifically permitted by this Section or the Bonner Springs Zoning Ordinance. The following items are permitted to be stored outside: (a) Any items permitted under the applicable Bonner Springs Zoning Ordinance, in full compliance with the authorizing provision and any additional requirements specified in this Section. The intent of this Subsection is to permit only those items specifically permitted under the applicable zoning district regulations. (b) Authorized trash containers stored and maintained in compliance with the requirements of Sections and of this Code. (c) Firewood, neatly stacked and free of vermin, shall be allowed for storage on the premises except in the front yard area, with corner lots having two (2) such front yard areas. (d) Lawn trailers, lawn wagons or yard trailers, except in the front yard area, with corner lots having two (2) such front yard areas. (e) Lawn mowers shall be stored in an enclosed structure or in the least conspicuous location to the rear of, adjacent to, and in close proximity to a residential or commercial structure. (f) Outdoor lawn furniture, decorative yard ornaments and grills Rain Barrels. A rain barrel is a container, generally made using a 55-gallon, plastic drum that collects and stores rainwater from downspouts and rooftops for future use to water lawns and gardens. The following requirements for rain barrels are provided as follows:

16 Chapter XI. Property Maintenance (a) Shall not be placed in the front yard area or in front of any primary structure on the premises. (b) All openings shall be screened or sealable and remain closed to prevent entry of mosquitoes and other disease carrying insects. (c) Equip with an upper and lower drain, place next to a downspout and elevate on concrete blocks, railroad ties or decorative rocks to increase pressure and flow. Overflow shall be directed away from the dwelling foundation so as not to cause erosion or water damage and diverted to disperse onto the property on which the rain barrel is located. (d) Barrels shall match the color of the home or trim or blend in with the landscape so as to be aesthetically pleasing to surrounding properties and the neighborhood Sidewalks, Parking Lots and Driveways. It shall be the responsibility of property owners to maintain all sidewalks, parking lots and driveways on private property and on the public rights-of-way adjacent to the owner s property, to ensure that these surfaces are not allowed to deteriorate to the extent they constitute a safety hazard. For the purposes of this Section, the term "safety hazard" shall include but not be limited to a paved surface which is broken, heaved, collapsed or missing to the degree that vehicles using the surface are at risk of being damaged or pedestrians walking on the surface are at risk of falling or tripping. There shall be a presumed violation of this Section if there have been actual incidents of personal injury or property damage as a result of deterioration as described above Minimum Sight Triangle. The short leg (height) of each sight distance triangle shall be a minimum of twenty (20) feet in length (based on the adjacent street having a speed limit of at least thirty-five (35) miles per hour) measured along the edge of the pavement (back of curb). The base or long leg of sight triangles shall be increased twenty-five (25) feet for each five (5) mile per hour increase in the speed limit of the intersection street. The sight distance triangles shall remain free of visual obstructions that are more than two (2) feet in height measured above the edge of the pavement nearest to the obstruction, including but not limited to signs, traffic control devices, fences, trees and shrubs unless previously approved by the City Storage Containers. The use of storage pods and similar metal containers used for the storage of materials, possessions, products or other items may be permitted for no more than two (2) months in any twelve (12) month period, which may be consecutive or non-consecutive. Containers must be positioned or located on private property on a driveway or other improved surface. Storage containers shall not be positioned or located in the yard and shall not be placed in the public right-of-way, easement, public street or any public property without prior written permission from the City Structures. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare of the owner or occupant and to eliminate conditions that have a blighting effect on adjacent properties or neighborhoods. Exterior conditions shall

17 Chapter XI. Property Maintenance include, but are not limited to, deteriorated, dilapidated, or unsightly structures; accessory buildings; fences; walls or retaining walls. (a) Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. (b) Insect Screens. During the period from May 15 to October 15, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packages or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25mm) and every swinging door shall have a self-closing device in good working condition. Exception: Screen doors shall not be required where other approved means, such as air curtains or insect repellent fans are employed. (c) Premises Identification. Primary structures shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high with a minimum stroke width of 0.5 inches. (d) Protective Treatment. All exterior surfaces, to include but not be limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay with paint or other protective covering or treatment. Peeled, flaked and chipped paint shall be removed and repainted when it exceeds twenty percent (20%) of any individual surface area. The area of peeled, flaked or chipped paint shall be calculated by drawing one rectangle around all occurrences on any individual surface and calculating the area of that rectangle. All siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated, stabilized and maintained to inhibit such rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement. (Code 2014; Ord. 2404) Vacant and Abandoned Properties. All vacant structures and premises or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting effect or an adverse effect on public health or safety Vehicles As Living Quarters. No vehicle, motor home, camping trailer, pickup camper, recreational vehicle or similar item shall be used as living quarters unless such vehicle is parked in an area specifically approved by the City as a campground or at a location for temporary or emergency housing.

18 Chapter XI. Property Maintenance Removal of Weeds. ARTICLE 5. WEEDS All weeds are hereby declared a nuisance and are subject to abatement as hereinafter provided. It shall be unlawful for any person who occupies or has charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, to include but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. (a) Property zoned AG and A-1 is exempt from the requirement to remove weeds except for a 30-foot area that surrounds any single-family residence on the property which classifies yard area, but shall follow the requirements for control of noxious weeds as defined in Section (c). (b) Each undeveloped parcel of land less than or equal to five (5) acres zoned residential, commercial or industrial, listed as an agricultural use with the County is not exempt from the requirements of this Code. (c) Each undeveloped parcel of land greater than five (5) acres zoned residential, commercial or industrial, listed as an agricultural use with the County shall not fall under the requirements of this Code other than removal of weeds within thirty (30) feet of a public roadway, thirty (30) feet of adjacent developed property and shall follow the requirements for control of noxious weeds as defined in Section (c) Notice. The Code Official shall notify in writing an owner, occupant or person in charge of any premises in the City upon which weeds exist in violation of this Article. Such notice shall follow the provisions of Section of this Code and include: (a) Address or legal description of the premises; (b) Description of violation(s) and why notice is being issued; (c) Corrective order that allows ten (10) days from the date of the mailing of a violation notice to either mow or eradicate the weeds and bring the premises into compliance. In the event that noxious weeds are present upon the premises, proper steps must be taken to control and eradicate per K.S.A. Chapter 2, Article 13; (d) Notice of appeal process wherein a person in receipt of a notice of violation has ten (10) days from the date of the mailing of the violation notice to request a hearing on the matter before the Governing Body, as provided in Section ; (e) Penalties for failure to abate the violation or to request a hearing within the time allowed shall result in the following: abatement by the City or its authorized agent; failed reinspection fee; issuance of a Notice to Appear as provided in Section and, if applicable, a failed pre-court re-inspection fee. All associated costs and fees shall be assessed against the owner of the property; (f) Notice of costs if City abates the violation and notice of fees for failed re-inspections and failed pre-court inspections;

19 Chapter XI. Property Maintenance (g) Notice that unpaid costs and fees shall be added to the property tax as a special assessment under provisions outlined in K.S.A. 12 1,115; (h) Only one (1) notice is required during the calendar year. If the same violation occurs subsequent to the first notice and the City has to abate the condition, the City will do so without prior notification and will assess the costs and fees. (i) If there is a change in the record owner of title to property subsequent to the notice pursuant to this Article, the City may not recover any costs or levy an assessment for the costs incurred by mowing or weed removal on such property unless the new record owner of title to such property is provided notice as required by this Article. (Code 2014; Ord. 2404) Abatement; Assessment of Costs. (a) Upon the expiration of ten (10) days after receipt of the notice required by Section , and in the event that the owner, occupant, or person in charge of the premises shall neglect or fail to comply with the requirements of Section , the Code Official or authorized agent shall mow or eradicate the weeds and shall abate the nuisance created thereby at any time during the current calendar year. (b) The City shall give notice to the owner of the premises by First Class Mail of the costs incurred by the City for mowing or eradication of the weeds. The notice shall state that payment of the cost is due and payable within thirty (30) days following receipt of the notice. The cost for abatement shall be a one (1) hour minimum rate of $100, plus an administrative fee of $25. Costs for abatement beyond the minimum of one (1) hour shall be charged in one half hour increments at one half of the hourly minimum rate. (c) If the owner fails to abate a violation by the stated re-inspection date, the owner will be charged a failed re-inspection fee. For each and every subsequent violation, an additional failed re-inspection fee will be charged. If a Notice to Appear is issued, a failed pre-court reinspection fee will be charged. Payment is due within 30 days following receipt of the notice to pay and if not received, the costs will be assessed according to (b). (d) If the cost of abatement is not paid within the 30 day period following receipt of notice, the cost shall be collected in the manner provided by K.S.A. 12 1,115, and amendments thereto, or shall be assessed as a lien or special assessment against the lot or parcel of land on which the weeds were so abated, and against such lots or parcels of land in front of or abutting on such street or alley on which such weeds were abated. The City Clerk, at the time of certification of other City taxes, shall certify the costs and the County Clerk shall extend the same on the tax rolls of the County against such lot or parcel of land and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. The City may pursue collection both by a special assessment levy and in the manner provided by K.S.A. 12 1,115 and amendments thereto, but only until the full cost and applicable interest is paid in full. (Code 2014; Ord. 2404)