Code Requirements

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Exterior Maintenance

  • Attached Structure 15.38.140
  • Detached Sheds, Garages 15.38.220
  • Exterior Trim 15.38.110
  • Exterior Wall Surface 15.38.100
  • Fences 15.38.150
  • Foundation 15.38.090
  • Hard Surfaces, Walkways & Drives 15.38.210
  • Land Maintenance 15.38.190
  • Maintenance after Casualty Damage 15.38.240
  • Outdoor Storage 15.38.230
  • Outdoor Storage 1& 2 Family 15.38.220
  • Pools of Water 15.38.160
  • Roofing & Guttering 15.38.130
  • Usanitary Premises 15.38.180
  • Windows & Doors 15.38.120
  • Nuisance, Weed and other Requirements

  • Debris 6.06.040
  • Fences 18.56.110-C
  • Nuisance 6.06.040
  • Right of Way 9.14.080
  • Sidewalk 12.12.040
  • Trees & Shrubs 12.16.020
  • Weeds 6.09.050
  • Vehicles

  • Commercial Vehicles 18.60.136
  • Hauling Trailers 18.60.130-B 18.56.110-I 18.06.136
  • Inoperable Vehicles 6.06.040
  • Parking 18.60.130-C
  • Recreational Vehicles 18.56 110-I
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    15.38.140 Attached Structures. Porches, landings, fire escapes, decks, railing and exterior stairs shall be maintained in a safe and functional condition and kept in good repair. Any repair or replacement work required pursuant to this section shall be accomplished with materials that are compatible to the undamaged portions of the structure. (Ord. 97-24 § 1, 1997.)

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    15.38.220 Outdoor Storage - One and Two-Family Dwellings. No property owner or resident shall allow the placement, storage, installation or construction of any item, object or structure on any property zoned or used for a single-family or two-family residence except as specifically and explicitly permitted by this section. The following items, objects or structures are permitted:

    (a) Any item, object or structure permitted under the applicable provisions of the Unified Development Ordinance and Municipal Code, in full compliance with the authorizing provision. The intent of this subsection is to permit only those items specifically permitted under the applicable zoning district regulations or the applicable accessory use regulations.

    (b) Authorized trash containers stored and maintained in compliance with the requirements of Chapter 6.04 of the Olathe Municipal Code.

    (c) Firewood, neatly stacked, provided that such storage shall not occur at any location on the property that is closer to a street than the nearest primary wall surface of the residence. For the purposes of this section, ‘primary wall surface' shall mean any exterior wall surface of the residence that is visible from the street and not perpendicular to the street, but excluding porches, carports and minor building projections such as fireplaces or bay windows.

    All other items. Any item, object or structure not specifically authorized in subsections (a), (b) or (c) must be located within a fully enclosed structure, or within the back yard and substantially screened from view from any adjacent property.

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    CHAPTER 15.38 BUILDING AND PROPERTY MAINTENANCE

    Sections:

    15.38.010 Legislative Findings.

    15.38.020 Scope.

    15.38.030 Definitions.

    15.38.040 Public Officer.

    15.38.050 Responsibility.

    15.38.060 Corporations; Responsibility.

    15.38.070 Individual Liability for Corporate Violations.

    15.38.080 Right of Entry; Unlawful Interference; Penalty.

    15.38.090 Foundation.

    15.38.100 Exterior Wall Surface.

    15.38.110 Trim.

    15.38.120 Windows and Doors.

    15.38.130 Roofing and Guttering.

    15.38.140 Attached Structures.

    15.38.150 Fences.

    15.38.160 Pools of Water.

    15.38.170 Animal Sanitation.

    15.38.180 Unsanitary Premises.

    15.38.190 Land Maintenances.

    15.38.200 Detached Sheds, Garages, or Other Out Buildings.

    15.38.210 Hard Surfaces, Walkways and Driveways.

    15.38.220 Outdoor Storage - One and Two-Family Dwellings.

    15.38.230 Outdoor Storage - Other Property.

    15.38.240 Maintenance after Casualty Damage.

    15.38.250 Notice of Violation.

    15.38.260 Penalty.

    15.38.270 Appeals.

    15.38.010 Legislative Findings. The Governing Body finds that there exists structures and lands within the City which have a blighting influence on surrounding properties and neighborhoods. These structures and lands cause blight because walls, sidings or exteriors are not panted or properly maintained; there is inadequate maintenance of building trim, windows, doors roofing, guttering foundations and detached structures; and there exists unsightly stored or parked material, equipment, supplies, machinery, inoperable trucks or automobiles, or parts thereof, upon the property. The Governing Body further deems it necessary to require or cause such structures and lands to be adequately maintained. (Ord. 97-24 § 1, 1997.)

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    15.38.020 Scope. The provisions of this chapter shall apply to residential and nonresidential structures, to residential and nonresidential lands and to vacant lots. (Ord. 97-24 § 1, 1997.)

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    15.38.030 Definitions. The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section unless otherwise defined in the text of the section:

     (a) ‘Chapter' or ‘this chapter' shall mean Chapter 15.38 of the Olathe Municipal Code.

    (b) ‘Code' or ‘this code' shall mean the Olathe Municipal Code.

    (c) ‘Land,' except where specifically limited, or where the context would require limitation, the use of the terms ‘land' or ‘real property' shall refer to residential land, nonresidential land and vacant lots.

    (d) ‘Nonresidential land' shall mean the real property on which nonresidential structures are situated.

    (e) ‘Nonresidential structure' shall mean any structure which is used for other than residential purposes, or a part of such structure, or a structure a part of which is used for other than residential purposes and, where applicable, the premises on which such structures are situated.

    (f) ‘Occupant' shall mean any person (including an owner) having actual possession and use of a residential or nonresidential structure or land.

    (g) ‘Owner' shall mean any person, partnership or corporation who alone or jointly or severally with others has legal title to residential or nonresidential land and/or structures or vacant lots or any person, partnership or corporation who is trustee or guardian of the estate or person of the title holder.

    (h) ‘Person' shall mean an individual, firm, corporation, association, or partnership.

    (i) ‘Public officer' shall mean a Code Enforcement Officer, a Police Officer, or any other individual designated as a public officer by the City Manager.

    (j) ‘Residential land' shall mean the real property on which residential structures are situated.

    (k) ‘Residential structure' shall mean any building or structure or part thereof, used and occupied for human habitation, or intended to be so used if unoccupied and includes any appurtenances belonging thereto or usually enjoyed therewith.

    (l) ‘Sales inventory' shall mean all equipment, vehicles and products which are displayed or available for sale or temporarily stored on the premises for repair or service.

    (m) ‘Section' shall mean the stated section of the Olathe Municipal Code.

    (n) ‘Structure' except where specifically limited, or where the context would require limitation, the use of the word ‘structure' within this chapter shall refer to both residential and nonresidential structures.

    (o) ‘Trim' shall mean all finish elements to the exterior of the structure including but not limited to finish elements surrounding windows, doors and other openings, ornamental features and fascia board.

    (p) ‘Vacant lot' shall mean any real property on which there is situated no residential or nonresidential structure. (Ord. 97-24 § 1, 1997.)

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    15.38.040 Public Officer. The Code Enforcement Director is hereby designated the public officer to exercise the powers prescribed by this chapter. In addition to the authority which may be specifically provided in this chapter, the public officer may exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter. The public officer may appoint and fix the duties of such officers, agents and employees as the public officer deems necessary to carry out the purposes of this chapter and may delegate any of the aforementioned functions or powers to such officer, agents and employees. (Ord. 97-24 § 1, 1997.)

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     15.38.050 Responsibility. Every person, either as owner or occupant of any land or structure described in this chapter, shall maintain such land or structure in compliance with the requirements of this chapter. (Ord. 97-24 § 1, 1997.)

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    15.38.060 Corporations; Responsibility. (a) A corporation is responsible under this chapter for acts committed by its agents when acting within the scope or their authority.

    (b) ‘Agent' means any director, officer, servant, employee or other person who is authorized to act on behalf of the corporation. (Ord. 97-24 § 1, 1997.)

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    15.38.070 Individual Liability for Corporate Violation.

    (a) An individual who violates any provision of this chapter, or causes such violations to exist, in the name of or on behalf of a corporation is legally responsible to the same extent as if such violations were in his or her own name or on his or her own behalf.

    (b) An individual who has been convicted of a violation of this chapter based on conduct performed by him or her for and on behalf of a corporation is subject to punishment as an individual upon conviction of such violation. (Ord. 97-24 § 1, 1997.)

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    15.38.080 Right of Entry; Unlawful Interference; Penalty.

    (a) Any authorized officer or agent of the City, pursuant to this chapter, shall be allowed to enter onto any land within the City Limits to investigate violations of this chapter, provided that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession and said officer or agent shall obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.

    (b) Any authorized officer or agent of the City pursuant to this chapter shall be allowed to enter onto any land within the City Limits to abate violations of this chapter.

    (c) It shall be unlawful for any person to interfere with a public officer or agent of the City in performing his or her duties pursuant to this chapter whether investigating or abating violations.

    (d) Any person who interferes with an officer or agent of the City pursuant to this chapter shall be punished as provided in Section 15.38.260 of this chapter. (Ord. 97-24 § 1, 1997.)

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    15.38.090 Foundation.

    (a) The foundation of a structure shall be maintained higher than the adjacent ground level and have no openings, except for necessary ventilation holes. If ventilation holes are needed, the holes shall be adequately screened to prevent animals from entering under the structure.

    (b) The foundation elements shall support the structure at all points.

    (c) Any repair or replacement necessitated by this section shall be accomplished with materials that are compatible with the remaining foundation. (Ord. 97-24 § 1, 1997.)

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    15.38.110 Trim. All trim shall be maintained in sound condition free of holes, breaks or loose or damaged construction materials. Areas that are damaged as described herein shall be repaired or replaced with material compatible with the remaining undamaged trim. Where trim has been previously painted and any trim surface contains areas of chipping, peeling, scaling or missing paint greater than twenty-five percent percent (25%) of the trim surface, then such surface shall be repainted or stripped of all paint and given a water-resistant coating if necessary. (Ord. 97-24 § 1, 1997.)

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    15.38.100 Exterior Wall Surface. Exterior wall surfaces, including screened-off areas, doors and windows, shall be free of holes or breaks, loose or damaged construction materials and any other conditions which might admit rain, insects or animals to the interior portions of the walls or occupied spaces of the structure. Cracks in mortar between bricks or stone in excess of one-fourth (1/4) of an inch in size shall be sealed. All exterior wall surfaces shall be maintained and kept in repair using materials compatible with the remaining undamaged wall surfaces and recognized as acceptable pursuant to City building code. Where an existing painted wall surface has areas of chipping, peeling, scaling or missing paint greater than twenty-five percent (25%) of the painted area, then such surface shall be repainted or stripped of all paint and given a water-resistant coating if necessary. (Ord. 97-24 § 1, 1997.)

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    15.38.120 Windows and Doors. (a) Every exterior opening shall be fitted with a window, door, basement hatchway cover or crawl space cover, as appropriate. Every doorway which gives access from a habitable room or area to the exterior of the structure shall be fitted with a door, equipped with hardware capable of ensuring security and privacy to the occupants of such habitable room or structure.

    (b) Every window shall be in good condition and fit tightly within its frame. All windows shall be fully supplied with glass windowpanes without open cracks or holes. Windowpanes may only be repaired using a means specifically designed for glass repair and approved by the public officer, or another materials may be substituted for the glass if it is similar in appearance and form to glass and is approved by the public officer. An entire window unit may be replaced with a building material suitable for exterior use and finished to match the adjacent wall surfaces. If screens, frames for screens or storm windows are provided, the entire assembly shall be maintained in good effective working condition and repair. When present, awnings are to be kept in good repair. Every other opening located within four (4) feet of the ground level shall be protected against the possible entry of insets and rodents.

    (c) Every exterior door shall be maintained in good condition and when closed shall fit well within its frame. Every door hinge and door latch shall be maintained in effective working condition. Every door available as an exit shall be capable of being easily opened from the inside. Where a door has been previously painted and any door surface contains areas of chipping, peeling, scaling or missing paint greater than twenty-five percent (25%) of the door surface, then such surface shall be repainted or stripped of all paint and given a water-resistant coating if necessary. (Ord. 97-24 § 1, 1997.)

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    15.38.130 Roofing and Guttering. The roof, eave and soffit shall be structurally sound, tight and shall not admit rain. Any roof surface that will allow water to enter the structure will be repaired at the point (s) of leaks by materials that are compatible with the existing roof material. If the roof has deteriorated and has lost its water repellent characteristics, the affected area will be replaced with materials compatible with the unaffected portions of the roof. Any guttering or downspouts that have been broken, rusted or damaged shall be repaired or replaced with materials that are compatible with the undamaged guttering and downspouts. Where guttering or downspouts have been previously painted and any surface contains areas of chipping, peeling, scaling or missing paint greater than twenty-five percent (25%) of the guttering or downspout surface, then such surface shall be repainted or stripped of all paint and given a water-resistant coating if necessary. (Ord. 97-24 § 1, 1997.)

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    15.38.140 Attached Structures. Porches, landings, fire escapes, decks, railing and exterior stairs shall be maintained in a safe and functional condition and kept in good repair. Any repair or replacement work required pursuant to this section shall be accomplished with materials that are compatible to the undamaged portions of the structure. (Ord. 97-24 § 1, 1997.)

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    15.38.150 Fences. All fencing (except agricultural fencing), including gates, shall be maintained in sound condition free of damage, breaks or missing structural members. Areas that are leaning, buckling, sagging or deteriorating shall be repaired or replaced with materials compatible with the undamaged portions of the fence or removed. Where fencing has been previously painted and there are areas of chipping, peeling, scaling or missing paint greater than twenty-five percent (25%) of the fence surface, then such surface shall be repainted or stripped of all paint and given a water-resistant coating if necessary. (Ord. 97-24 § 1, 1997.)

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    15.38.160 Pools of Water. Ponds, reservoirs, swimming pools or other receptacles of water shall be maintained free of trash, debris, garbage or other effluvia, and shall not serve as breeding ground for insects or other vectors. Fencing or other protective barriers around swimming pools shall be maintained to serve the intended purpose of restricting entry of small children. Holes in or under barriers shall be fixed or repaired. Malfunctioning self-closing, self-latching devices and locking materials on gates shall be repaired or replaced. (Ord. 97-24 § 1, 1997.)

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    15.38.170 Animal Sanitation. No excessive accumulation of animal waste shall be permitted on any property. Animal wastes shall not be disposed of in an open ditch or storm drain. Property owners or occupants of land shall be responsible for the proper burial or disposal of dead animals. (Ord. 97-24 § 1, 1997.)

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    15.38.180 Unsanitary Premises. No owner, occupant or other person shall allow the accumulation of garbage or refuse on any land which causes or creates a foul, unhealthy or offensive smell, or in which disease-carrying insects, rodents or other vermin may breed, or may reasonably be expected to breed. For the purposes of this section the word "garbage" shall mean animal and vegetable waste resulting from the handling, preparation, cooking, storage, or consumption of food. The word "refuse" shall mean all putrescible and nonputrescible solid wastes, including garbage, rubbish, debris, ashes, street cleanings, dead animals, abandoned or inoperable automobiles, abandoned or inoperable household appliances, movable furniture not designed for or modified to withstand the elements and outdoor use, and industrial wastes. (Ord. 97-24 § 1, 1997.)

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    15.38.190 Land Maintenance. Land, whether vacant or occupied by structures, shall be maintained in such manner to be free of conditions that constitute health and safety hazards, encourage abuse and trespassing by others, create a blighting effect in the neighborhood or otherwise adversely affect adjacent properties. (Ord. 97-24 § 1, 1997.)

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    15.38.200 Detached Sheds, Garages or Other Out Building. Detached sheds, garages or other out buildings shall be maintained in the same manner as provided in Sections 15.38.090 through 15.38.140 or removed. Provided, however, that out buildings on agriculturally zoned property and used for agricultural purposes shall be exempt from the requirements of this section. (Ord. 97-24 § 1, 1997.)

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    15.38.210 Hard Surfaces, Walkways and Driveways. Hard surfaces, parking lots, walkways and driveways on private property shall not be 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, buckled, 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. (Ord. 97-24 § 1, 1997.)

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    15.38.220 Outdoor Storage - One and Two-Family Dwellings. No property owner or resident shall allow the placement, storage, installation or construction of any item, object or structure on any property zoned or used for a single-family or two-family residence except as specifically and explicitly permitted by this section. The following items, objects or structures are permitted: (a) Any item, object or structure permitted under the applicable provisions of the Unified Development Ordinance and Municipal Code, in full compliance with the authorizing provision. The intent of this subsection is to permit only those items specifically permitted under the applicable zoning district regulations or the applicable accessory use regulations.

    (b) Authorized trash containers stored and maintained in compliance with the requirements of Chapter 6.04 of the Olathe Municipal Code.

    (c) Firewood, neatly stacked, provided that such storage shall not occur at any location on the property that is closer to a street than the nearest primary wall surface of the residence. For the purposes of this section, ‘primary wall surface' shall mean any exterior wall surface of the residence that is visible from the street and not perpendicular to the street, but excluding porches, carports and minor building projections such as fireplaces or bay windows.

    All other items. Any item, object or structure not specifically authorized in subsections (a), (b) or (c) must be located within a fully enclosed structure, or within the back yard and substantially screened from view from any adjacent property.

    The Director of Planning may approve mature landscape materials as an acceptable screen if he/she determines that it provides the substantial equivalent of approved fence or wall materials. Materials for a fence or wall shall be of a type, material and quality compatible with the immediate neighborhood, as determined by the Director of Planning. Such screening shall be constructed and maintained in accordance with applicable City codes and shall be adequate to prevent substantial viewing of the enclosed objects from any place within the adjacent property or any structure located on that property.

    Notwithstanding any other applicable provisions, permitted items, objects or structures shall occupy no more than twenty percent (20%) of the allowable outside storage area. In measuring the area occupied by such items, objects or structures to determine if the permitted twenty percent (20%) is exceeded, a rectangle shall be constructed to include all points where any such item, object or structure is located, and the area shall be calculated to include all that area within the rectangle. This method of calculating area shall not apply to those items specifically authorized in subsections (a), (b) or (c) above. (Ord. 97-24 § 1, 1997.)

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    15.38.230 Outdoor Storage - Other Property. No property owner or occupant shall allow the placement, storage, installation or construction of any item, sales inventory, object or structure on any property other than that property zoned or used for a single-family or two-family residence except as specifically and explicitly permitted by this section. The following items, objects or structures are permitted:

    (a) Any item, sales inventory, object or structure permitted under the applicable provisions of the Unified Development Ordinance and Municipal Code, in full compliance with the authorizing provision. The intent of this subsection is to permit only those items specifically permitted under the applicable zoning district regulations or the applicable accessory use regulations.

    (b) Authorized trash containers stored and maintained in compliance with the requirements of Chapter 6.04 of the Olathe Municipal Code. (Ord. 97-24 § 1, 1997.)

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    15.38.240 Maintenance after Casualty Damage. Within a period of ninety (90) days after casualty damage to any premises, the owner and operator shall take the following steps.

    (a) Contract for the repair and restoration of damage areas and removal of debris.

    (b) Contract for the demolition and removal of any part of the premises not to be repaired and restored and for the removal of debris in connection therewith.

    Should an adjustment of insurance claims take longer than ninety (90) days, the Director of Code Enforcement may grant an extension in the period of time needed to comply with this section. (Ord. 97-24 § 1, 1997.)

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    15.38.250 Notice of Violation. Whenever the public officer shall find a violation of this Chapter, such officer shall issue a notice and order to the owner thereof of such violation. Such notice and order shall contain:

    (a) The street address and a legal description sufficient for identification of the owner's property.

    (b) A statement by the public officer that such officer has found the owner's property to be in violation of this chapter and a detailed description of the conditions of the property giving rise to the violation or violations.

    (c) (1) For violations of sections 15.38.090, 15.38.100, 15.38.110, 15.38.120, 15.38.130, 15.38.140, 15.38.150, 15,38.200, and 15.38.210 a statement by the public officer that such officer has determined that the property must be repaired or properly maintained and an order requiring that all required permits be secured therefore and the work physically commenced within sixty (60) days, weather permitting, from the date of the notice and order and completed within such time as the public officer shall determine is reasonable under all of the circumstances. (2) For Violations of sections 15.38.160, 15.38.170, 15.38.180, 15.38.190, 15.38.220, 15.38.230, and 15.38.240, a statement by the public officer that such officer has determined the violation must be corrected within (10) days from the date of the notice and order.

    (d) An information sheet listing the programs available to the public to help defray the costs of remedying a violation.

    (e) A statement detailing the right to appeal a notice and order and the appeal procedures.

    The notice and order shall be given or served upon the owner, operator, occupant or other person responsible for the condition or violation either by personal service, or by delivering the same to and leaving it with some person of suitable age and discretion upon the premises; or, if no person is found on the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of said premises and by mailing a copy thereof to such person by registered or certified mail to his last known address. (Ord. 97-24 § 1, 1997.)

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    15.38.260 Penalty. Any person, firm or corporation violating Section 15.38.080 or with any notice or order issued under Section 15.38.250 shall be punished for the first conviction by a fine of not more than Two Hundred Fifty Dollars ($250.00); for a second conviction within two (2) years thereafter such person shall be punished by a fine of not more than Five Hundred Dollars ($500.00); and upon a third or subsequent conviction within two (2) years after the first conviction such person shall be punished by a fine of not more than One Thousand Dollars ($1000.00). (Ord. 97-24 § 1, 1997.)

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    15.38.270 Appeal. Until January 1, 1998, any owner may appeal a notice and order issued under Section 15.38.250 to the City Council. From and after January 1, 1998, the appeal shall be made to the Property Maintenance Appeal Board. An appeal shall be initiated by submitting an appeal request to the City Clerk within ten (10) days of the date of the service of the notice and order, unless the tenth day falls upon a Saturday, Sunday or holiday, in which case the tenth day shall be the next business day. No precise form of appeal is required, but the City shall provide forms to assist those who want to use them. The City Clerk upon receiving the appeal report shall schedule the appeal and notify in writing the person taking the appeal, and any other person who asks in writing for notice. In considering the appeal, the Board may affirm, modify, extend or overrule the decision in a manner that is consistent with the provisions of this chapter. All decisions of the Board shall be in writing and the decision rendered shall be a final administrative decision. (Ord. 97-24 § 1, 1997.)

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    6.06.010 Authority. The city, under the authority of Kansas Statutes Annotated 12-1617(e), is hereby authorized to provide for and require the removal and abatement of any and all nuisances, garbage and inoperable vehicles on lots or parcels of ground within the city. (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.020 Purpose. The purpose of this chapter is to protect, preserve, upgrade and regulate the environmental quality of the city. This will be accomplished by prohibiting certain environmental conditions which may exist and are identified as a threat to the health, safety and welfare of the general public or to the aesthetic characteristics of the city and to provide for the administration and enforcement thereof. (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.030 Definitions. For the purposes of this chapter, the following definitions apply:

    (a) "City" shall mean the City of Olathe, Kansas;

    (b) "Code" means the Olathe Municipal Code;

    (c) "Commercial or Industrial" means areas which are used or intended to be used primarily for other than residential or agricultural purposes;

    (d) "Compost Pile" means a mixture consisting 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 neighboring residents or the general public;

    (e) "Garbage" means without limitation, any accumulation of animal, fruit or vegetable waste matter which normally is the by-product of handling, preparation, cooking, serving, delivering, storage or any other use of foodstuffs;

    (f) "Graffiti" shall mean any drawing, painting, writing, inscription, figure or mark, regardless of its content, of the type which is commonly known and referred to as "graffiti," which is written, drawn, painted, sprayed, scratched or otherwise places or affixed, regardless of the nature of the material used, on any wall, window, rock, building or portion thereof, fence, gate, sign, other structure, tree or other real or personal property, either publicly or privately owned, and that is visible from any adjacent public or private property or public or private right of way. "Graffiti" shall not include any permitted sign allowed to be erected in Chapter 18.64 of the Unified Development Ordinance;

    (g) "Immediate vehicle hazard" means any unattended vehicle which has been placed on jacks, blocks or a stand unless such vehicle is placed in a garage or other building;

    (h) "Nuisance" means, without limitation, any accumulation or collection of filth, human or animal excrement, tree limbs, lumber, wood, glass, rocks, concrete, dirt, grass clippings, leaves, cans, containers, paper, trash, plastic, petroleum products, styrofoam, rubber, metal, discarded appliances or other household items, abandoned or inoperable vehicles or parts thereof, or any other material or item which is thrown, left, deposited or stored upon any public or private property, except that compost piles as defined by Section 6.06.030(d) shall not constitute a nuisance;

    The above also includes any place, operation, materials or substance offensive in appearance or which emits or causes any nauseous odors. Any dilapidated fence, wall, building or other structure in disrepair, open pits, pools or ponds of water or fluids, trenches or wells and/or any other condition which is offensive to or a threat to the environmental quality, health, safety or welfare of the city as determined by any city public officer shall also constitute a nuisance;

    (i) "Inoperable vehicle" means a vehicle or component parts thereof which cannot function properly or be used for its original purpose, including, without limitation, a condition of being junked, parted out, used for salvage or any part thereof, discarded or stored, use of any part for artful or decorative purposes. Also, included would be any vehicle which is not currently registered or licensed or parked in any manner which would be a violation of other city ordinances or incapable of moving under its own power or would be unlawful to operate upon any street, road or highway.

    A vehicle which is temporarily inoperative but is in the process of being repaired shall be repaired within thirty (30) consecutive days or it shall be deemed an inoperable vehicle as defined in this section;

    (j) "Person" shall mean any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or any representative who has charge, care, control or responsibility for maintenance of any premises regardless of status as owner, renter, tenant or lessee, whether or not in possession;

    (k) "Premises" means any lot, parcel or tract of land, including any structures, and/or excavations located thereon;

    (l) "Public Officer" means any city representative charged by the city manager with the administration and enforcement of this chapter;

    (m) "Unimproved Premises" means any lot parcel or tract of land without any structures or any other type of improvement or development thereon;

    (n) "Vehicle" means any automobile, van, truck, all terrain vehicle, motorcycle, moped, motorscooter, recreational vehicle, farm machinery, construction equipment, boat, boat trailer, airplane, bicycle, trailer, wagon or other device mounted on wheels and designed to carry any cargo, operator or passenger and may be powered by an engine or pulled or pushed by any device or person;

    (o) "Yard" means the area of the premises not occupied by a structure. (Ord. 94-05 § 1, 1994; Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.040 Unlawful Acts. It shall be unlawful for any person to allow to exist on any premises any garbage, graffiti, nuisance, inoperable vehicles or immediate vehicle hazard as defined. Except that the provisions of this section shall not apply to

    (a) any vehicle which is enclosed in a garage or other building;

    (b) the parking or storage of one temporarily disabled vehicle for a period of thirty (30) consecutive days or less; or

    (c) any person conducting a business enterprise in compliance with existing zoning regulations and who places such vehicles behind screening of sufficient size, strength and density in order to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles. (Ord. 94-05 § 2, 1994; Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.045 Unlawful Outdoor Illumination.

    (a) No person shall install, maintain and/or use an outdoor visible light or other source of illumination which is on private property and produces glare or direct illumination across a property line in a residential area of such intensity that it creates a nuisance or unreasonably interferes with the use or enjoyment of adjacent property.

    (b) Outside lights must be made up of a light source and reflector so that, acting together, the light beam is controlled and not directed across a property line.

    (c) This section shall not apply to street lights or lights installed, maintained and used in connection with the use and operation of any outdoor stadium; amphitheater or athletic field.

    (d) Unlawful outdoor illumination as defined by this section shall be deemed to be a "nuisance" under this chapter and to effect legal relief persons directly affected may sign a complaint in Municipal Court. (Ord. 94-60 § 1, 1994.)

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    6.06.050 Right of Entry. Any authorized officer or agent of the city, pursuant to this chapter, shall be allowed to enter onto any land within the city limits to investigate violations of this chapter or for the abatement of violations pursuant to this chapter. (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.060 Responsibility to Abate. The property owner, representative, tenant or other such person with control, occupancy or possession of real property shall be responsible for the abatement of any unlawful acts defined by Section 6.06.040. (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.070 Public Officer; Notice to Abate. The city manager shall designate a public officer to be charged with the administration and enforcement of this chapter. The public officer shall authorize the investigation of violations of this chapter. If it is determined that a violation of this chapter is in existence, then the officer shall send a notice of abatement to the property owner, representative, tenant or other such responsible person. (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.080 Notice Requirements. The notice of abatement shall state:

    (a) A common and/or legal description of the property upon which the violation exists;

    (b) That the property is in violation of the provisions of this chapter;

    (c) A description of the nature of the violation that would reasonably allow the property owner or other responsible person, representative or tenant to determine the nature of the violation to allow for self-abatement;

    (d) That the person in charge of the property shall have five (5) days from the date of the mailing of the notice to either remove and abate the violation of this chapter or request a hearing before the city's designated representative on the matter;

    (e) That upon written request received prior to the expiration of the notice period, the property owner, representative, tenant or other responsible person may request a hearing before a designated hearing officer of the city;

    (f) That if the owner, occupant, or agent of the property fails to correct the violation or request a hearing within five (5) days of the mailing of notice, the city or its authorized agent will remove and abate the violation of this chapter by reasonable means and assess the costs of removal, including reasonable administrative costs, against such person. Notice of the total cost of such abatement shall be provided to the owner, occupant or agent by certified mail, return receipt requested, or personal service;

    (g) That if the assessed costs of removal, including administrative costs, are not paid within thirty (30) days of the date when the assessment comes due, the costs will be added to the property tax as a special assessment;

    (h) That if any special assessments levied by the city in accordance with this chapter remain unpaid for a period of one year or more after their initial levy, the city may collect the amount due in the same manner as a personal debt of the property owner to the city by bringing an action in the Johnson County District Court. Such actions may be maintained, prosecuted and all proceedings taken, including any award of postjudgment interest, in accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be available to the city in the enforcement of the payment of such obligations. In such actions the city also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968, and amendments thereto, from and after the date a delinquency occurs in the payment of special assessments levied under this chapter. The city may pursue collection both by levying a special assessment and in the manner provided by this section, but only until the full cost and any applicable interest has been paid in full;

    (i) Violation of any provisions of this article shall be deemed a misdemeanor and be punishable by a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) or imprisonment not to exceed thirty (30) days, or both. Each day any violation of this chapter continues shall constitute a separate offense punishable as a misdemeanor;

    Prosecution of any offender under this section does not limit the city's right to abate any violation as defined under this chapter or to additionally recover any costs incident to the abatement process, including reasonable administrative costs;

    (j) That the public officer should be contacted if there are any questions regarding the notice. (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.090 Service of Notice.

    (a) The notice shall be personally served or sent by certified mail, return receipt requested, or if the property is unoccupied and the owner is a nonresident of the State of Kansas, then by mailing notice by certified mail to the last known address of the owner;

    (b) Failure to sign for the certified return, receipt requested, mail notice from the city, or failure to pick up said notice from the post office within fifteen (15) days shall not be deemed a lack of notice under this chapter where delivery was attempted and a record of this attempt was provided as required by procedures for restricted mail (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.100 Abatement of Immediate Vehicle Hazard. When in the opinion of the public officer an immediate vehicle hazard as defined by 6.06.030(f) exists in such a condition as to require immediate action to protect the public, such officer may erect barricades or cause the vehicle to be taken down or otherwise made safe without delay and such action may, under such circumstances, be taken without prior notice to or hearing of the owners, agents or lienholders. The costs of any such action shall be assessed and paid in the manner set out in Section 6.06.130. (Ord. 90-21 § 2, 1990.)

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    6.06.110 Abatement Hearing. The order shall describe the relevant facts relied upon, state the specific code provisions being relied upon should a violation be found, and state any such other stipulations, methods of abatement or orders as deemed necessary by the hearing officer. (Ord. 90-21 § 2, 1990; Ord. 80-59 § 2 (part), 1980.)

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    6.06.120 Abatement by City. If the property owner, representative or tenant fails to request a hearing and fails to abate the violations within the notice period, then the city shall go onto the property to abate the violation in a reasonable manner. The city shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to the public to abate the violations. The city may use its own employees or contract for services to abate violations of this chapter. (Ord. 90-21 § 2, 1990.)

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    6.06.130 Notice of Cost; Assessment and Collection. (a) If the city takes action to abate the violation, it shall provide a notice of costs to the property owner, representative or tenant. The notice of costs shall be delivered by certified mail, return receipt requested, at the last known mailing address; or if the property is vacant or unoccupied, the notice of costs may also be posted on the property in a reasonable manner. The notice of costs shall state:

    (1) The common or legal description of the property, or both;

    (2) The nature of the violation, including relevant ordinances;

    (3) The nature of the work performed to abate the violation;

    (4) The costs incurred for the abatement of the violations in either a lump sum or in itemized form;

    (5) That the notice is a demand for payment within thirty (30) days from the date of the notice;

    (6) That failure to pay the entire amount within thirty (30) days shall allow the city to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;

    (7) That such additional remedies to recover costs shall include additional amounts, including additional administrative costs, attorneys' fees when applicable, and interest;

    (8) That payments shall be made by check or money order made payable to the city, with no post-dating of the check, and sent to the address stated within the notice, with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as non-payments.

    (b) If the payment of costs is not made within the 30-day period, the city may levy a special assessment for such cost against the lot or piece of land. The city clerk, at the time of certifying other city taxes to the county clerk, shall certify the aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.

    Provided further, the city may collect the costs in the manner provided at K.S.A. 12-1,115, as amended, by bringing an action in the appropriate court as a personal debt.

    The city may pursue both assessment and collection at the same time until the full cost, including applicable interest, court costs, attorneys' fees and administrative costs have been paid in full. (Ord. 90-21 § 2, 1990.)

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    6.06.140 Action in Municipal Court. If an authorized public officer determines that a violation of this chapter exists, the officer may file a complaint with the Municipal Court for such violation. No other procedures are required as a prerequisite to the filing of a complaint. (Ord. 90-21 § 2, 1990.)

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    6.06.150 Penalty. (a) Any property owner, representative or tenant found in violation of this chapter shall be subject to prosecution in the Olathe Municipal Court. Any person found guilty of violating the provisions of this chapter shall be subject to a fine of not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00); or imprisonment for a term not to exceed thirty (30) days, or both;

    (b) Prosecution of any offender under this chapter does not limit the city's right to pursue assessment or collection of costs as stated in this chapter, or by other laws;

    (c) Each day that any violation of this chapter continues shall constitute a separate offense;

    (d) The city shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provision of this chapter and to seek civil penalties, and to abate nuisances maintained in violation thereof, and in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful nuisance or condition. (Ord. 90-21 § 2, 1990.)

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    CHAPTER 6.09

    WEEDS

    Sections:

    6.09.010 Authority.

    6.09.020 Purpose.

    6.09.030 Findings.

    6.09.040 Definitions.

    6.09.050 Excessive Growth Unlawful.

    6.09.060 Responsibility to Abate.

    6.09.070 Public Officer; Notice to Abate.

    6.09.080 Notice Requirements.

    6.09.090 Service of Notice.

    6.09.100 Abatement Hearing.

    6.09.105 Annual Notice of Weed Removal (Repealed 7/15/97).

    6.09.110 Abatement by the City.

    6.09.120 Notice of Cost; Assessment and Collection.

                                                                                                        6.13

                                                                                               January 1998

    6.09.130 Exceptions.

    6.09.140 Right of Entry.

    6.09.150 Action in Municipal Court.

    6.09.160 Penalty.

    6.09.010 Authority. The city, under the authority of Kansas Statutes Annotated 12-1617(f) and Kansas Statutes Annotated 2-1314, is hereby authorized to provide for and require the cutting or destruction of noxious weeds, weeds and other uncontrolled vegetation on lots or pieces of land within the city. (Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990; Ord. 80-47 § 1, 1980.)

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    6.09.020 Purpose. The purpose of this chapter is to provide reasonable controls restricting the excessive growth of weeds, grasses and other noncultivated vegetation; to declare that the excessive growth of such vegetation is noxious, unsightly, and is offensive to the general public health, safety and welfare of the community; to provide a method of enforcement of this act; to provide procedures to notify property owners or those in control of the property that a violation exists and to allow for self-abatement by such owner; to provide property owners or those in control of the property notification and an opportunity to be heard concerning violations of this chapter; to provide administrative procedures to allow the city to direct the abatement of violations; to provide a method of assessing or collecting costs for such abatement; to declare that the existence of such violations are unlawful and to provide penalties for enforcement through the Municipal Court system. (Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990; Ord. 80-47 § 2, 1980.)

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    6.09.030 Findings. The Governing Body of the city hereby finds that the allowance of the excessive growth of certain vegetation is noxious, unsightly, offensive to the residential and commercial development in the city, and offensive to the general public health, safety and welfare of the community. Excessive vegetation growth creates potential traffic safety problems; promotes conditions which accelerate the spread of fires; promotes the nesting and proliferation of rodents, snakes, mosquitoes and vermin; creates short and long-term impacts on the area, including the diminution of property values and the integrity of the neighborhood; and interferes with the orderly development of property in the city. (Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990; Ord. 80-47 § 3, 1980.)

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    6.09.040 Definitions.  For the purposes of this chapter, the following definitions apply:

    (a) "Agent" shall mean any person registered with the city as agent for a property, or any non-owner listed on the Johnson County tax roll as the person to receive the tax bill notice;

    (b) "Best Management Practices" shall mean stormwater management practices used to prevent or control the discharge of pollutants into waters. These may include engineered solutions, a schedule of activities, prohibition of practices, maintenance procedures, or other management practices. They include three categories: preservation and promotion of natural hydrology (open space, natural vegetation, filter strips), engineered stormwater treatment and infiltration (bio-retention filters, engineered swales, infiltration trenches), and onsite detention and treatment (pervious pavement, wet ponds).

    (c) "Calendar Year" as used herein means that period of time beginning January 1 and ending December 31 of the same year;

    (d) "City" shall mean the City of Olathe, Kansas;

    (e) "Developed Parcel" shall mean any lot, tract, or other parcel of unimproved real estate with any man-made changes, including but not limited to buildings, structures, stormwater improvements, utilities, and other site developments.

                                                                                                       6.14

                                                                                              December 2008

    (f) "Excessive Growth" shall mean any vegetation which is more than eight (8) inches in height on developed parcels or more than twelve (12) inches in height on undeveloped parcels, either above the ground or in length if matted down as measured along the stem and shall include all trees, bushes, shrubs, flowers and ornamental or garden plants, either cultivated or uncultivated if such plants are not made readily distinguishable from surrounding vegetation of excessive growth and plants which are poisonous to the touch, including poison ivy, poison oak and poison sumac;

    (g) "Governing Body" shall mean the City Council of the City of Olathe, Kansas;

    (h) "Person" shall mean any individual; individuals; partnership; corporation; unincorporated association; other business organization; committee; board; trustee; receiver; agent; or any representative who has charge, care or responsibility for maintenance of any property, lot or parcel of land regardless of status as owner, tenant or lessee, and regardless of whether such person has possession;

    (i) "Perennial violator" shall mean any person having control of real property for which two (2) or more notices to abate have been issued within any two (2) year period;

    (j) "Property owner" shall mean the person who owns the property as indicated by the records of the Register of Deeds or appraiser’s office in Johnson County, Kansas; and for purposes of this chapter shall include the owner of property abutting the streets, alleys, avenues, boulevards, public easements and public rights-of-way;

    (k) "Representative" shall mean any person listed in the Johnson County, Kansas, appraiser’s office or treasurer’s office for the purposes of paying taxes; a registered agent with the Kansas Secretary of State’s office for corporate or partnership ownership; an agent or manager directed by the property owner, estate or court order to represent the interests of the property or to otherwise control activities on the real property; or corporate officer;

    (l) "Tenant" shall mean any person who has a severable or non-severable interest in the real property either by oral or written lease or covenant, or by other methods of conveying a limited interest in such lands; or any person who occupies or has possession of such real property;

    (m) "Undeveloped Parcel" shall mean any lot, tract, or parcel of real estate without any man-made changes, structures or other improvements, except grading.

    (n) "Vegetation" shall include, but not be limited to, weeds, woody vines, brush, grass and uncultivated plants;

    (o) "Waterways" shall include, but not be limited to, any stream, creek, brook, branch, depression, reservoir, lake, pond, or drainage way in or into which stormwater runoff flows.

    (p) "Weeds" shall include, but not be limited to, kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian Knapweek (Centaurea picris), hoary cress (Lepidium draba), Canada thistle (Cirsium Arvense), quackgrass (Agropyron repens), leafy spurge (Euphobia esula), bur ragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding), thistle (Carduus nutans L.), Johnson grass (Sorghum halepense), sericea lespedeza (Lespedeza cuneata) and multiflora rose (Rosa Multiflora) (Ord. 08-109 § 1, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990; Ord. 80-47 § 4, 1980.)

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                                                                                                       6.15

                                                                                             December 2008

    6.09.050 Excessive Growth Unlawful. It shall be unlawful for any person to allow excessive growth of vegetation on any lot or parcel of land within the city or any area between the property lines of said lot or parcel, and the curb line or edge of any adjacent street, and the centerline of any adjacent alley, including, but not specifically limited to, sidewalks, streets, alleys, easements, rights of way and all other areas, public or private. (Ord. 08-109 § 2, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990; Ord. 80-47 § 5, 1980.)

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    6.09.060 Responsibility to Abate. The property owner or other responsible person of real property shall be responsible for the abatement of any excessive growth of vegetation as made unlawful by Section 6.09.050. Further, it is the responsibility of the property owner or other responsible person to clearly mark, stake out or otherwise distinguish between trees, bushes, shrubs, flowers and ornamental or garden plants as compared to any excessive vegetation in the surrounding area. (Ord. 08-109 § 3, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.070 Public Officer; Notice to Abate. The city manager shall designate a public officer to be charged with the administration and enforcement of this chapter. The public officer shall authorize the investigation of violations of this chapter. If it is determined that a violation of this chapter exists, then the officer or authorized assistant shall send a written notice to abate to the property owner, representative, tenant or other such responsible person by certified mail, return receipt requested, to the last known address of such property owner, representative, tenant or other such responsible person. Such notice shall be required once per calendar year. (Ord. 08-109 § 4, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.080 Notice Requirements. The notice to abate shall state:

    (a) A common and/or legal description of the property upon which the violation exists;

    (b) That the property is in violation of the provisions of this chapter;

    (c) A description of the nature of the violation that would reasonably allow the property owner or other responsible person to determine the nature of the violation to allow for self-abatement;

    (d) That the person in charge of the property shall have five (5) days from the date of the mailing of the notice, or in cases where the owner is unknown and the property is vacant, ten (10) days after notice has been published by the city in the official city paper to either eradicate the excessive growth of vegetation or request a hearing before the city’s designated representative on the matter;

    (e) That upon written request received prior to the expiration of the notice period, the property owner or other responsible person may request a hearing before a designated hearing officer of the city;

    (f) That if the property owner or other responsible party fails to correct the violation or request a hearing within five (5) days of the mailing of notice or ten (10) days in the case of notice by publication, the city or its authorized agent will remove the excessive growth of vegetation by reasonable means and assess the costs of removal, including reasonable administrative costs, against such person. Notice of the total cost of such abatement shall be provided to the property owner or other responsible party by certified mail, return receipt requested, or personal service;

    (g) That if the assessed costs of removal, including administrative costs, are not paid within thirty (30) days of the date when the assessment comes due, the costs will be added to the property tax as a special assessment;

                                                                                             6.16 

                                                                                    December 2008

    (h) That if any special assessments levied by the city in accordance with this chapter remain unpaid for a period of one year or more after their initial levy, the city may collect the amount due in the same manner as a personal debt of the property owner to the city by bringing an action in the Johnson County District Court. Such actions may be maintained, prosecuted and all proceedings taken, including any award of post judgment interest, in accordance with K.S.A. 16-204, and amendments thereto, to the same effect and extent as for the enforcement of an action for debt. All provisional remedies available in such actions shall be available to the city in the enforcement of the payment of such obligations. In such actions the city also shall be entitled to recover interest at the rate provided in K.S.A. 79-2968, and amendments thereto, from and after the date a delinquency occurs in the payment of special assessments levied under this chapter. The city may pursue collection both by levying a special assessment and in the manner provided by this section, but only until the full cost and any applicable interest has been paid in full;

    (i) That no further notice shall be given prior to removal of any subsequent excessive growth during the calendar year

    (j) That the public officer shall be contacted if there are any questions regarding the notice to abate or notice of costs;

    (k) If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this subsection, the city may not recover the costs or levy an assessment for the costs incurred by the cutting or destruction of the excessive growth on such property unless the new record owner of title to such property is provided notice as required by this section;

    (l) Prosecution of any offender under this section does not limit the city’s right to abate any excessive growth as defined under this chapter or to additionally recover any costs incident to the abatement process, including reasonable administrative costs. (Ord. 08-109 § 5, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.090 Service of Notice.

    (a) The notice shall be personally served or sent by certified mail, return receipt requested, and where the property is either vacant or unoccupied, and the property owner or other responsible person is unknown, then the city clerk shall publish the notice to abate in the official city newspaper;

    (b) If the notice to abate is made by publication, the property owner or other responsible person will be ordered to abate the problem within ten (10) days of the publication;

    (c) Failure to sign for the certified mail, return receipt requested, notice from the city, or failure to pick up said notice from the post office within fifteen (15) days shall not be deemed a lack of notice under this chapter where delivery was attempted and a record of this attempt was provided as required by procedures for certified mail. (Ord. 08-109 § 6, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.100 Abatement Hearing. If the recipient of the notice to abate makes a written request for hearing within the notice period, then the city shall immediately schedule a hearing during a regular business day within ten (10) calendar days from the receipt of the written request.

                                                                                                            6.17

                                                                                                  December 2008

    The hearing shall be conducted by a designated hearing officer appointed by the city manager who shall not be a supervisor or subordinate of the officer who issued the notice to abate or conducted the investigation. The hearing officer shall receive evidence, review the investigation and prepare a written order. The order shall be sent by certified mail to all relevant parties within ten (10) days of the hearing, unless otherwise stated at the hearing and prior to the city taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific code provisions being relied upon should a violation be found, and state any such other stipulations, methods of abatement or orders as deemed necessary by the hearing officer. (Ord. 08-109 § 7, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.105 Annual Notice of Weed Removal. Repealed 7/15/97. (Ord. 97-97 § 2, 1997; Ord. 94-09 § 1, 1994.)

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    6.09.110 Abatement by the City. If the property owner or other responsible person fails to request a hearing and fails to abate the violations within the notice period, then the city shall go onto the property to abate the violation in a reasonable manner.

    The city shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to the public to abate the violations. The city may use its own employees or contract for services to abate violations of this chapter. Any authorized officer or agent of the city shall be allowed to relocate or remove any trash, debris, limbs or brush, building materials or other such items if such relocation or removal is reasonably necessary to abate the violation. (Ord. 08-109 § 8, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.120 Notice of Cost; Assessment and Collection.

    (a) If the city takes action to abate the violation, it shall provide a notice of costs to the property owner or other responsible person. The notice of costs shall be delivered by certified mail, return receipt requested, at the last known mailing address; or if the property is vacant or unoccupied, the notice of costs may also be posted on the property in a reasonable manner. The notice of costs shall state:

    (1) The common or legal description of the property, or both;

    (2) The nature of the violation, including relevant ordinances;

    (3) The nature of the work performed to abate the violation;

    (4) The costs incurred for the abatement of the violations in either a lump sum or in itemized form;

    (5) That the notice is a demand for payment within thirty (30) days from the date of the notice;

    (6) That failure to pay the entire amount within thirty (30) days shall allow the city to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;

    (7) That such additional remedies to recover costs shall include additional amounts, including additional administrative costs, attorneys’ fees when applicable, and interest;

    (8) That payments shall be made by check or money order made payable to the city, with no post-dating of the check, and sent to the address stated within the notice, with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as non-payments.

    (b) If the payment of costs is not made within the 30-day period, the city may levy a special assessment for such cost against the lot or piece of land. The city clerk, at the time of certifying other city taxes to the county clerk, shall certify the aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.

                                                                                                        6.18

                                                                                              December 2008

    Provided further, the city may collect the costs in the manner provided at K.S.A. 12-1,115, as amended, by bringing an action in the appropriate court as a personal debt. The city may pursue both assessment and collection at the same time until the full cost, including applicable interest, court costs, attorneys’ fees and administrative costs have been paid in full. (Ord. 08-109 § 9, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.130 Exceptions. This chapter shall not be made applicable to:

    (a) The growing of brome, alfalfa, timothy, clover or other grasses for hay purposes within any residential or agricultural zoned district on a property in excess of three (3) acres in size.

    (b) Undeveloped parcels zoned other than for agricultural uses if such parcel is one contiguous parcel, not intersected by any public roadway, and is greater than ten (10) acres, and contiguous undeveloped parcels not adjacent to any developed parcel. Provided, however, on any such parcel no excessive growth of vegetation shall be allowed in any area within fifty (50) feet from the curb or edge of any public roadway, or within fifty (50) feet of the property line adjacent to any other public roadway, or of the property line of any property being used for residential or commercial purposes.

    (c) Waterways, any areas protected by local, state or federal regulations, natural or xeri-scaped areas approved by the Development Services Director or City Engineer, or their designee, provided those areas are kept free of all noxious weeds and "Best Management Practices" are followed.

    (d) Tree preservation areas where physical characteristics inhibit normal mowing practices.

    Provided further, however, that the city reserves its right of abatement under this chapter whenever it determines that any excessive growth of vegetation creates or enhances an identifiable health or safety problem, including, but not limited to, proliferation of rats, mosquitoes and/or vermin, or creates a fire hazard. (Ord. 08-109 § 10, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.140 Right of Entry. Any authorized officer or agent of the city, pursuant to this chapter, shall be allowed to enter onto any land within the city limits to investigate violations of this chapter or for the abatement of violations pursuant to this chapter. (Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.150 Action in Municipal Court. If an authorized public officer determines that a violation of this chapter exists, the officer may file a complaint with the Municipal Court for such violation. No other procedures are required as a prerequisite to the filing of a complaint. (Ord. 08-109 § 11, 1997; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    6.09.160 Penalty.

    (a) Any property owner or other responsible person found in violation of this chapter shall be subject to prosecution in the Olathe Municipal Court. Any person found guilty of violating the provisions of this chapter shall be subject to a fine of not less than One Hundred Dollars ($100.00) nor more than Five Hundred Dollars ($500.00);

    (b) Any person found guilty of violating this chapter two (2) or more times within any one-year period, or determined by the Municipal Court to be a perennial violator shall be fined not less than Two Hundred and Fifty Dollars ($250.00) nor more than Five Hundred Dollars ($500.00);

    (c) Prosecution of any offender under this chapter does not limit the city’s right to pursue assessment or collection of costs as stated in this act, or by other laws;

                                                                                                      6.18.1

                                                                                             December 2008

    (d) Each day that any violation of this chapter shall continue shall constitute a separate offense;

    (e) The city shall further have the authority to maintain suits or actions in any court of competent jurisdiction for the purpose of enforcing any provision of this chapter and to seek civil penalties, and to abate nuisances maintained in violation thereof, and in addition to other remedies, institute injunction, mandamus, or other appropriate action or proceedings to prevent such unlawful excessive growth of vegetation. (Ord. 08-109 § 12, 2008; Ord. 97-97 § 2, 1997; Ord. 90-22 § 2, 1990.)

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    CHAPTER 6.12. Health Nuisances. Repealed. (Ord. 90-21 § 1, 1990; Prior code § 7-101, 102, 103.)

    CHAPTER 6.16. Inoperable Vehicles. Repealed. (Ord. 90-21 § 1, 1990; Ord. 87-30 § 25, 1987; Ord. 807 § 1, 2, 1979; Ord. 111 § 1-9, 1972.)

    9.14.080 Encroachments Upon Public Property.

    (a) It is unlawful for any person to install, erect, construct, maintain or permit an encroachment structure in, upon, under or over a public street, public highway, public right-of-way or other public property.

    (b) "Encroachment structures" shall include any tower, pole, poleline, pipe, pipeline, fence, billboard stand or building, or other object or structure.

    (c) This section shall not apply to any encroachment structure installed, erected, constructed or maintained with approval of the Governing Body. (Ord. 88-123 § 7, 1988; Ord. 83-75 § 2, 1983.)

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    12.12.040 Snow, Ice and Mud--City Removal--Special Assessment. If any owner or occupant of any lot or lots refuses or neglects to clean or remove from sidewalks abutting the lot or lots all snow, ice or mud, the city may cause all snow, ice or mud to be removed from the sidewalk and shall assess the cost of such removal against such abutting lot or lots and such cost shall be collected in the same manner as is required for the building of sidewalks. (Prior code § 9-208.)

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    12.16.020 Trees Overhanging Public Property--Trimming Required.

    (a) It shall be the duty of every owner, agent or occupant of any lot or parcel of land adjoining or contiguous to any street or alley to cause all trees upon such premises which may overhang or project over such street or alley, to be so trimmed and maintained as to keep the branches thereof to a height of not less than ten feet from the level of the street, alley or sidewalk.

    (b) Any tree or shrub which overhangs any sidewalk, street or public place in the city in such a way as to impede or interfere with traffic or travel, or within twenty feet of a street, shall be trimmed by the owner of the premises abutting or of the premises on which such tree or shrub grows so that the obstruction shall cease. Any tree or limb of a tree which has become likely to fall on or across any public way or place shall be removed by the owner of the premises of which such tree grows or stands. The street department, under the direction of the commissioner of streets, may trim any such tree or shrub or remove any such tree or branch thereof so that the obstruction or danger to traffic or passage shall be done away with. (Prior code §§ 9-403, 9-404.)

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    18.60.130 Parking Areas for Single and Two-Family Dwellings

    A. No driveway serving single or two-family dwelling shall be located within two (2) feet of an adjoining lot line except for a driveway serving two (2) properties.

    B. Parking shall be restricted to customary passenger vehicles and emergency vehicles of not more than a size of factory designated, one (1) ton, single axle, dual wheels which are unloaded and immediately available for emergency response by an operator who is on duty or on call. However, emergency vehicles shall not be parked upon a driveway for more than twelve (12) hours during any twenty-four (24) hour period.

    C. All passenger cars shall be parked on paved driveways or parking areas relating to the garage or carport. In areas where there are no garages or carports, passenger cars and motor vehicles may be parked on paved driveways constructed perpendicular to the street. No parking shall be allowed in that portion of the street right-of-way not used for traffic movement, i.e., between the curb and the sidewalk, and between the curb and the front lot line.   Parking passenger vehicles on driveway extensions that lead directly to the garage or carport is permitted, provided the extension does not exceed more than one additional ten (10) foot drive beyond the capacity of the garage or carport, and is adjacent and connected to the existing driveway.  If there is no garage or carport, a drive not exceeding twenty-two (22) feet in width is permitted.  (Ord. 08-105 § 2, 2008)

    D. In Districts R-2 and RP-2, guest parking in excess of minimum parking requirements may be permitted in parking islands within enlarged cul-de-sacs. In no case shall the required parking be located within the guest parking islands. Guest parking islands shall be built to meet all minimum standards of the City. Upon acceptance of the enlarged cul-de-sacs and guest parking islands by the City, they will be maintained in the same manner as all other public streets. In no case shall boats, campers, recreational vehicles, trucks or inoperable vehicles be parked or stored in any guest parking islands. Any such guest-parking island shall be provided with landscaped areas at each end of the parking island. Such landscaped areas shall be for the purpose of directing traffic and shall be provided with Portland cement concrete curbs.

    E. No person shall stop, stand or park a commercial vehicle on any street, alley, or lot within any residential district, except when necessarily loading or unloading property or when in the performance of a service to or upon property in the block where the vehicle is parked. The provisions of this section may not be defeated by a mere location change of a vehicle within the residential district. Residential district refers to any place or area where the property is zoned for residential occupancy including single-family, two-family and multifamily dwellings. (Ord. 02-54 § 2, 2002)

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    18.56.110-C. Fences, walls or hedges: Fences, walls, or hedges may be constructed or planted to a maximum height or six (6) feet in residential districts and eight (8) feet in commercial and industrial districts, as measured above the average grade level on the property line, and are subject to the following restrictions and design criteria: 1. In residential districts, fences or walls shall be limited, or similar, to one of the following types of construction: brick or stone walls or pillars, chainlink, wood stockade, split rail, wood rail, wrought iron, spaced picket fence, imitation vinyl or other similar decorative material as approved by the City Planner. Accessory Uses 18.56 297

    2. In residential districts, fences, walls or hedges in front or corner side yards (beyond the front of the house or structure) shall not exceed four (4) feet in height, shall be at least fifty (50) percent open, and shall not include chain-link or any other metal or wire type fencing.

    3. Residential properties along arterials may have fences, walls or hedgesonly when approved as part of the master fence/screening plan (Section 18.68.220).

    4. In commercial and industrial districts, fences and/or walls shall not be placed in the setback area from street rights-of-way or within the perimeter landscape area as provided in Section 18.62.060.

    5. All fences and walls shall be constructed with a finished surface facing outward from the property (e.g. in the case of a wooden fence, a "finished surface" means a surface of the fence where the pickets or slats are fully exposed to view). The posts and support beams shall be on the inside of the finished surface. However, the posts and support beams may be outside the finished surface if compliance with this standard is deemed impractical by the City Planner.

    6. Retaining walls are permitted where the wall is reasonably necessary due to topography, where the wall is located at least two (2) feet from any street right-of-way, and where the wall does not extend more than six (6) inches above the ground level of the land being retained. Retaining wall construction is subject to approval by the City Engineer and Chief Building Inspector.

    7. Barbed wire and electric fencing (above ground) is prohibited in residential (except agricultural) and commercial districts.

    8. No fence, wall or hedge shall be constructed, planted, reconstructed or replaced in a manner which obstructs the intersection sight distance as defined in Section 18.68.150.

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    18.56.110-I Recreational Vehicles (including but not restricted to camping and hauling vehicles and boats, or vehicles with off-camper shells): It is permissible to park or store not more than two (2) recreational vehicles on a single-family or duplex lot, provided that the following criteria are met:

    1. The recreational vehicle shall be parked in a garage, the side yard or rear yard but not in the front yard, except as provided in Subsection 7 below:

    2. The recreational vehicle shall not be parked closer than two (2) feet to any property line.

    3. The recreational vehicle shall not be used for on-site dwelling purposes for more than fourteen (14) days per year; permanently connected to sewer lines, water lines or electrical lines; or used for storage.

    4. The recreational vehicle and the area it is parked on shall be maintained in a clean, neat and operable manner, and the equipment shall be in usable and working condition at all times. The area the recreational vehicle is parked on shall be surfaced with asphalt, concrete or gravel.

    5. The recreational vehicle shall be owned by the resident upon whose property it is parked, provided that others visiting the resident may park their recreational vehicle on the lot for a period of time not to exceed fourteen (14) consecutive days.

    6. Parking of one (1) recreational vehicle is permitted outside on the front drive provided that the following items are met:

    a. There is no reasonable access to the rear or side yard. A lot shall be deemed to have reasonable access to the rear or side yard if: the side yards are ten (10) feet or more in width; there is less than ten (10) feet of difference in the elevation of the front and rear yards as measured at the front and rear lot lines; and there are no large trees (trunk four [4] inches in caliper) or large shrubs (six [6] feet in height) in the side yards. Corner lots shall normally be deemed to have reasonable access to the rear yard. A fence shall not be deemed as preventing reasonable access.

    b. Inside parking is not possible.

    c. No part of the recreational vehicle shall extend over side yards, sidewalks or street right-of-way.

    d. Appeals and variances to these provisions shall be considered by the board of zoning appeals.

    7. Recreational vehicles may be parked on the front drive for up to two (2) days to load and two (2) days to unload as related to a trip.

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    18.06.136 "Commercial vehicle"

    means a vehicle with or without its own motive power; with a chassis rated at one (1) ton or more; dimensions exceeding twenty (20) feet in total length, eight (8) feet in width, or seven (7) feet in height; and used primarily for the carrying of equipment, livestock, minerals, liquids or other commodity. Commercial vehicles include hauling and advertising trailers if the total length of the bed or box exceeds eight (8) feet. (Ord. 08-104 § 6, 2008)

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    Being a Good Neighbor