Your account does not include highlighter on images.
Searches Highlighted on Image
National Sponsors
| June 13, 2002 Wabaunsee County Signal-Enterprise |  |
|
©
Wabaunsee County Signal-Enterprise. All rights reserved. Upgrade to access Premium Tools
PAGE 20 (20 of 24 available) PREVIOUS NEXT Jumbo Image Save To Scrapbook Set Notifiers PDF JPG
June 13, 2002 |
|
|
Website © 2025. All content copyrighted. Copyright Information Terms Of Use | Privacy Policy | Request Content Removal | About / FAQ | Get Acrobat Reader 
|
UBLIC NOTICE
Page 20
The Wabaunsee County Signal-Enterprise, Thursday,
(Published In The
Wabaunsee County
Signal-Enterprise
Thursday, June 13, 2002)
RESOLUTION NO. 42
A RESOLUTION CON-
CERNING THE GENERAL
HEALTH OF THE DISTRICT;
TO PREVENT, ABATE AND
REMOVE NUISANCES; AND
TO REQUIRE THE RE-
MOVAL OF GRASS, WEEDS
OR OTHER VEGETATION.
WHEREAS, the governing
body of the Lake Wabaunsee
Improvement District, Wa-
baunsee County, Kansas (the
"District") has the authority
pursuant to K.S.A. 19-2753
et seq. (the =Acff), and more
specifically K.S.A. 19-2765,
to enact resolutions con-
cerning the general health of
the District, to prevent, abate
and remove nuisances, and
to require removal of grass,
weeds or other vegetation;
WHEREAS, the governing
body of the District deems it
necessary to enact resolu-
tions concerning the general
health of the District to pre-
vent, abate and remove nui-
sances, and to require re-
moval of grass, weeds or
other vegetation;
NOW THEREFORE IT BE
RESOLVED BY THE GOV-
ERNING BODY OF LAKE
WABAUNSEE IMPROVE-
MENT DISTRICT, WABAUN-
SEE COUNTY, KANSAS:
Section 1. Findinp,
purpose ~Jad intent. The
Board finds that certain con-
ditions as hereinafter defined
cause annoyance, inconven-
ience or damage to the pub-
lic with respect to the pub-
lie's comfort, heaIth, safety,
welfare and enjoyment of
property. Pursuant to the
authority found in K.S.A. 19-
2765, it is the purpose and
intent of the Board to define
and prescribe those condi-
tions which are injurious to
the public health and which
constitute a public nuisance.
It is further the purpose and
intent of the Board, pursu-
ant to K.S.A. 19-2765 to set
forth the procedures re-
garding notice, abatement
and assessments concerning
owners who allow nuisance
conditions to exist or main-
tain nuisance conditions,
which procedures are neces-
sary to carry out the provi-
sions of this resolution.
Section 2. l~l~itlomL
For the purposes of this
resolution, the following
(e) Owner means any
person who, alone or jointly
or severally with others: (1)
shall have recorded legal title
to any property or premises,
with or without accompany-
actual possession
thereof; (2) shall have
charge, care or control of any
property or premises as
owner or agent of the owner,
or as executor, executrix,
administrator, adminis-
tratrix, trustee or guardian of
the estate of the owner; or (3)
shall lease, possess or oth-
erwise control any property
or premises.
(i~ Nuisance is any con-
dition which: (1) injures or
endangers the comfort, re-
pose, health, safety or wel-
fare of the public; (2) offends
decency; (3) is offensive to
the senses; (4) unlawfully
interferes with, obstructs or
tends to obstruct, or renders
dangerous for passage any
public or private street,
highway, sidewalk, stream,
ditch or drainage; (5) in any
way renders another person
insecure in life or the use of
property or premises; or (6)
essentially interferes with the
comfortable enjoyment of
life, property or premises, or
tends to depreciate the value
of the property or premises
of another.
(g) Person is any person,
firm, corporation, partner-
ship or other entity.
(h) Premises means a lot,
plot or parcel of land, in-
eluding structures located
thereon.
(i) Property means any
real property Within the Dis-
trict which is not a street or
highway.
0) Weeds means any of
the following: (1) weeds and
indigenous grasses on or
about property or premises
which has a blighting influ-
ence on the neighborhood,
and shall be presumed to be
blighting if they exceed 12
inches in height or length; (2)
weeds and indigenous
grasses that may attain such
large growth as to become,
when dry, a fire menace to
adjacent property or prem-
ises; or (3) weeds and in-
digenous grasses which are
located in an area which
harbors rats, insects, ani-
mals, reptiles, or any other
creature which either may or
does "constitute a menace to
health, public safety or wel-
fare. All weeds as defined
herein are declared a nui-
sance.
(1¢) Maintaining a nui-
sance is, by act or by failure
to perform a legal duty, in-
tentionally causing or per-
mitring a nuisance to exist.
words and phrases are de-
freed as fotlows: (1) Permitting a nuisance
(a) Abandoned vehicle to exist is knowingly permit-
means any motor .vehicle to ~i tin4g property or premises,
which the last registered~ including the streets and
owner of record thereof has ~ alleys in front of and abut-
June 13, 2002
public places or interfere
with the proper lighting of
public streets, sidewalks, or
alleys. The minimum clear-
ance of any overhanging
portion thereof shall be
twelve feet above grade.
(3) Any tree, tree mate-
rial or shrub that is infected
or infested with or harbor
any tree or plant disease or
insect pest or larvae, the un-
controlled presence of which
may constitute a hazard to
or result in the damage or
destruction of other trees or
shrubs.
(4) Any tree, tree mate-
rial or shrub that is dead or
is in such other condition
that it could fall.
(5) Placement, storage or
accumulation of garbage,
rubbish, trash, refuse, junk
and other materials, metals,
plumbing fixtures, appli-
ances, auto parts, aban-
do'ned vehicles, lumber or
other litter and stuffed, bro-
ken or discarded furniture,
clothing or other household
items. This section applies
without limitation to owners,
contractors, electricians,
plumbers, or any other per-
son, whether or not human
beings occupy the property
or premises. Provided fur-
ther, no abandoned vehicle
shall be stored or located at
any place where in the
judgment of the Board, the
vehicle will jeopardize the
public safety, health and
welfare.
(6) Any condition that
provides harborage for rats,
mice, snakes and other ver-
min.
(7) All disagreeable or
obnoxious odors and
stenches, as well as the con-
ditions, substances or other
causes which give rise to the
emission or generation of
such odors and stenches.
(8) The carcasses of
animals or fowl not disposed
of within a reasonable time
after death.
(9) Any vehicle carrying
the carcass of any dead ani-
mal or fowl, manure, gar-
bage, Live animals, or any
refuse having an offensive
odor or any empty vehicle
which has an offensive Odor,
except for the purpose of
loading or unloading such
vehicle or making emergency
. repairs to such vehicle. Pro-
vided that this section shaU
not be construed to allow
overnight parking for any
reason.
(10)The pollution of any
well, cistern, stream, lake,
canal or body of water by
sewage, dead animals or
other substances that are
injurious to overland flow of
ground water.
( 1 1) Any property or
premises where any activity
which is in violation of k~cal,
state or federal law is con-
ducted, performed or main-
relinquished all further do- ~ such property or prem- tained.
minion and control. Any ~t_v_ tO be used orlallowed to (12)Any accumulation of
vehicle which is wrecked or ~: ~emain in such condition as
par~ wreoked or dim~a~, \~to allow a nuisance condition stagnant water permitted or
maintained on any property
fled or inoperative for a pc- ~. to exist. ' or premises.
riod of 15 days shall consti- ~ Section 3. nlmstrative (13)Any building where
tute a prima facie presump- ~enumeration. The main- exterior surfaces, other than
tion that the last registered ~fing or permitting to be or decay-resistant surfaces, are
owner thereof has abort- r~main on any public or pri-not protectedfrom the
doned such vehicle, regard- va~te property or premises of
less of whether the physical an~ of the following condi-
possession ol such vehicle'tioris is hereby declared to be
remains in technical custody and constitute a nuisance;
or control of such owner. All pr.ovkled, however, this
abandoned vehic|es as de- enlameration shall not be
fined herein are ~ a .....deeme~..or construed to be
nuisance, i~ ~- ~ ~ ..... con~u~/v¢, limiting or re-
(b) Board means the strictive: ~
governing body of the Dis- (I) Weeds or other ob-
trict, noxious. Wegetation when
(c) Calendar year;means such growth r~aches 12
that period of time begirming inches in height or length.
January I and ending De- ' (2) Any- tree, tree mate-
cember 31 of the same ye~. ~ rial or shrub t-bat constitutes
(d) District means the a hazard to co/~enient travel
Lake Wabaunsee Improve- upon. public @treets, side-
ment District. ~walks, or alleys or other
weati~er, elements and decay
by paint or other protective
covering or treatment.
(14)Any vacant or unoc-
cupied structure that is not
secured or is in a condition
that allows access by any
person.
property within the District
for the purpose of determin-
ing the conditions which may
affect the public health,
safety, welfare as a nuisance.
Section 6. Contents of
violation notice. The notice
of nuisance violation shall
contain: -
(1) An order to abate the
nuisance within ten calendar
days of the date of the viola-
tion notice or request a
hearing within ten calendar
days of the date of the viola-
tion notice. A list of Board
Member(s) to contact shall be
included.
(2) The location of the
nuisance, if such nuisance is
stationary;
(31 A description of what
constitutes the nuisance;
(4) A statement of acts
necessary to abate the nui-
sance;
(5) A statement that if
the nuisance is not abated
as directed and no request
for hearing is made within
ten calendar days of the date
of the violation notice, the
Board may abate the nui-
sance and will assess the
cost of the abatement, in-
cluding an administrative fee
pursuant to Section 7,
against such owner;
(6) A statement that if
the assessment for the cost
of the abatement is not paid,
the assessment will be added
to the property tax of said
property or premises as pro-
vided in K.S.A. 19-2765;
(7) If the notice relates to
weeds, that no further notice
will be given to the owner
prior to removal of weeds
during the current calendar
year. If there is a change in
the record owner of the
property or premises subse-
quent to the giving of notice
pursuant to this section, the
District may not recover any
costs or levy an assessment
for the costs incurred by the
cutting or destruction of
weeds of such property or
premises in accordance with
this resolution unless the
new owner is provided notice
as required by this section.
Section 7. Aclminlstra-
tiwe fees. is) There shall be
an administrative fee of
$50.00 assessed ff a nui-
sance condition continues to
exist after expiration of the
ten calendar days allowed for
abatement of the nuisance.
Ten calendar days shall be
calculated based upon the
date of the violation notice.
(b) If an owner receives
two nuisance violation no-
rices in a calendar year, then
the administrative fee shall
be doubled to $100.00 ff the
nuisance condition contin-
ues to exist after expiration
of ten calendar days allowed
for abatement of the nui-
sance.
(c) If an owner receives
three or more nuisance vio-
lation notices in a calendar
year, then the administrative
fee shall be tripled to
$150.00 if the nuisance con-
tinues to exist after expira-
tion of ten calendar days
allowed for abatement of the
nuisance.
Section 8. Procedures,
hearings concerning no-
tlces. (a) If the owner re-
quests a hearing within ten
calendar days of the date of
the violation notice, ~ the
Board shall schedule a
hearing within five working
days of receipt of the hearing
request. Written notice of
the hearing date and time
Section 4. Nuisance shall be provided to the
prohibited. No owner shall, owner. The board may pro-
knowingly or unknowingly, vide the option of daytime or
maintain or ~rmit a nui- evening hearing times. At
sance to exist, the hearing, the owner shall
Section 5. I~lmcU@~. be given the opportunity to
The Board or its employees present information relevant
shall have the authority to to the violation notice. The
inspect and examine at any Board or its designee shed1
and all times all premises or be given the opportunity to
present
to the
hearing t
a later
cases
termined ~Y
all
fered, the
a written
(b)
written
this
with the
order withirl
date of
such owner
the
sance
assessed as
Section
violation
violation
served
owner
be served
return
upon the
erty is
owner is a
rice may
fled mail,
quested, to
address of
address or
the owner,
mined after
then the
shall be
official
nuisance
im
buildings or
notice shall
on the
(b)
removal
cles shall be
dance withl
upon the
erty
is located,
owner of any
ha
at the last
record Listed
partment of
Section
by the
upon
nuisance
ant to the
resolution
nuisance
days of the
tion
designee
abate
shall
costs
ment. /
Section
abatements
~uace
ever in the
Board the
donment
deep
appliance
tached door
easily
constitutes
and
tion to
health,
written
without
of the
upon
deep freeze,
appliance is
such
to correct or'
gency. The
abate other
tions ex s r$ '
or premises
proper
shall
owner. If
act to
The owner
conference
ence shall in
abatement
gency.
Section
taf osts.
incurred by
abatement ~
Cont. to
of col. one