Blight Ordinance 98-01

 

 

Q: What is a blight violation / public nuisance?

A. For the purposes of this Ordinance, the words "public nuisance" are hereby defined as any person, corporation, partnership or association doing any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to be or exist, which the act, omission, condition or thing either:
  1. Injuries or endangers the welfare, health or safety of others; or
  2. Offends decency; or
  3. Is offensive, unsightly or hazardous; or
  4. Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway sidewalk, alley, stream, ditch, drainage or any public easement; or
  5. In any way renders other persons insecure in life or the use and enjoyment of property; or
  6. Essentially interferes with comfortable enjoyment of life or property, or tends to depreciate the value of the property of others.

B. Illustrative Enumeration. The maintaining, using, placing, depositing, leaving, or permitting to be or remain on any public, or private property of any of the following items, conditions or actions, constitute a public nuisance; provided however, the following enumeration shall not be deemed or construed to be conclusive, limiting, or restrictive:

  1. Filth, excrement, lumber, concrete blocks, siding, building materials, rocks, dirt, cans, paper, trash, metal, disabled automobiles and/or parts of any other offensive, disagreeable thing or substance thrown or left or deposited upon any street, avenue, easement, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;
  2. All dead animals, not removed within twenty-four (24) hours after death;
  3. Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors,
  4. All stagnant ponds or pools of water;
  5. All grass, bushes, shrubbery, weeds or other unsightly vegetation nor usually cultivated or grown for domestic use or to be marketed for ornamental purposes;
  6. Domestically cultivated grass which is in excess of ten inches (10") in height, however, grasses commonly cultivated as ornamental plants, i.e., plume grass, pampas grass, fountain grass shall be exempted from this section;
  7. Abandoned iceboxes, freezers, refrigerators or appliances kept outdoors on the premises under the control of any person not in actual use; if such appliance are in actual use, they must be kept locked by a socking device that is an integral part of the appliance or by a chain and padlock, except for the time the owner thereof is placing articles in or removing articles from said appliance; this Subsection does not apply to commercial ice machines or commercial ice storage appliances when in actual use;
  8. 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;
  9. 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;
  10. Any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of City ordinance; or inoperable condition. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable;
  1. Absence of current registration upon the vehicle;
  2. Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;
  3. Absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

Q: What are some other violations?

  1. Any condition which provides harborage for rat, mice, snakes and other vermins;
  2. Any building or other structure which is in such condition that it is unfit for human habitation, as defined in Ordinance 78-5, that it is a menace the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located;
  3. Pollution of any public or private well, stream, lake, or other body of water by sewage, dead animals, industrial wastes or other substances;
  4. Any building, structure or other place or location where any activity which is in violation of Local, State or Federal law, is frequently conducted, performed or maintained. Two (2) such violations within one (1) year period are deemed to be frequent;
  5. Dense smoke, noxious fumes, gas, soot, or cinders, such as to be injurious to the public health.
  6. Conditions relating to mobile homes:
  1. Missing skirting;
  2. Presence of rust which is detectable from the street curb or any adjacent property;
  3. Broken windows, torn window or door screens;
  4. Vacant mobile homes if uninhabitable due to deteriorated condition.

 

Q: What are some exceptions?

  1. Any motor vehicle which is enclosed in a garage or other building;
  2. To the parking of a vehicle inoperable for a period of thirty (30) consecutive days or less, as long as Subsections 10 (a,b,c) do not apply;
  3. To any person conducting a business enterprise in full compliance with existing zoning regulations;
  4. To any person who places such vehicle behind screening of sufficient size, strength and density, to screen such vehicles from the view of the public and to prohibit ready access to such vehicles by others as long as such screening is in compliance with existing ordinances and zoning regulations. However, nothing in this Subsection shall be construed to authorize the maintenance of a public nuisance.

 

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