The Kiowa News
(First Published in The Kiowa News, May 20, 2015)2t
ORDINANCE NO. 5-15
AN ORDINANCE ESTABLISHING
TO PROMOTE THE PUBLIC HEALTH,
SAFETY AND WELFARE WITHIN THE
CITY LIMITS OF HAZELTON KANSAS
Be it Ordained by the Governing Body of the City of Hazelton, Kansas:
Section 1. TITLE. This ordinance shall be known as the “Environmental Code.”
Section 2. LEGISLATIVE FINDING OF FACT. The governing body has found that there exist within the city unsightly and hazardous conditions due to: dilapidation, deterioration or disrepair of walls, siding, fences or structure exteriors; accumulations increasing the hazards of accidents or other calamities; structural defects; uncleanliness; unsightly stored or parked material, equipment, supplies, machinery, vehicles or parts thereof. Such conditions are inimical to the general welfare of the community in that they have a blighting influence on the adjoining properties, the neighborhood and the city, or are injurious to the health and safety of the residents of the city. The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided.
Section 3. PURPOSE. The purpose of this ordinance is to protect, preserve, upgrade, and regulate the environmental quality of industrial, commercial and residential neighborhoods in this city, by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof.
Section 4. RULES OF CONSTRUCTION. For the purpose of this ordinance, the following rules of construction shall apply:
(1) Any part thereof - Whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”
(2) Gender-Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.
(3) Number - Words of number shall be construed to mean singular or plural, as may be applicable.
(4) Tense - Words of tense shall be construed to mean present or future, as may be
(5) Shall - The word shall is mandatory and not permissive.
Section 5. DEFINITIONS. The words and phrases listed below when used in this ordinance shall have the following meanings:
(1) Abandoned Motor Vehicle - 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 the ordinance; or incapable of moving under its own power, or in a junked or wrecked condition.
(2) Accessory Structure - a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.
(3) Commercial or industrial - used or intended to be used primarily for other than residential purposes.
(4) Dilapidation. Deterioration or Disrepair - shall mean any condition characterized by, but not limited to: holes, breaks, rot decay, crumbling, cracking, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, lack of maintenance, excessive use or weathering.
(5) Exterior - those parts of a structure which are exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.
(6) Garbage – without limitation, any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.
(7) Person - any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other 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.
(8) Premises - any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.
(9) Refuse - garbage and trash.
(10) Residential - used or intended to be used primarily for human habitation.
(11) Structure - anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.
(12) Trash - combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and non-combustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or street rubbish and sweepings.
(13) Weathered - deterioration caused by exposure to the elements.
(14) Yard - the area of the premises not occupied by any structure.
Section 6. PUBLIC OFFICER. The governing body shall designate a public officer to be charged with the administration and enforcement of this ordinance.
Section 7. ENFORCEMENT STANDARDS. No person shall be found in violation of this ordinance unless the governing body, after considering the report of the public officer, made after reasonable inquiry and inspection of the premises, believes that conditions exist of a quality and appearance not commensurate with the character of the neighborhood. Such belief must be supported by evidence of a level of maintenance significantly below that of the rest of the neighborhood. Such evidence shall include conditions declared unlawful under Section 8 but shall not include conditions which are not readily visible from any public place or from any surrounding private property. All decisions made by the governing body to find a person in violation of this ordinance must be made by an affirmative vote of eighty percent of the membership of the city council at a meeting when all council members are present.
Section 8. UNLAWFUL ACTS. It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city. For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:
(a) Exterior conditions (yard) shall include, but not be limited to, the scattering over or the parking, leaving, depositing or accumulation on the yard of any of the following:
(1) lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;
(2) abandoned motor vehicles; or
(3) furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property.
(4) nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner.
(b) Exterior conditions (structure) shall include, but not be limited to, deteriorated, dilapidated, or unsightly:
(1) exteriors of any structure;
(2) exteriors of any accessory structure; or
(3) fences, walls, or retaining walls.
Section 9. ORDER OF VIOLATION, (a) The governing body shall serve on the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation of Section 8 an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail. The order shall state:
(a) The condition which has caused the violation of this ordinance; and
(b) That the person in violation shall have:
(1) 10 days from the receipt of the order to alleviate the exterior conditions (yard) violation; and/or
(2) 45 days from the receipt of the order to alleviate the exterior conditions (structure) violation; or in the alternative to subsections (1) and (2) above,
(3) 10 days from the receipt of the order, plus any additional time granted under subsection (c), to request, as provided in Section 12 a hearing before the governing body or its designated representative on the matter; and;
(c) Provided, however, that the governing body, or its designee named herein, shall grant one or more extensions to the time periods stated in subsections (2) and (3), above, If the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions which have caused the violation of this ordinance; and,
(d) That failure to alleviate the condition or to request a hearing may result in abatement of the condition by the city according to Section 10 with the costs assessed against the property under Section 13. (K.S.A. 12-1617e)
Section 10. ABATEMENT. The public officer may seek to remedy violations of this ordinance in the following manner. If a person to whom an order has been served pursuant to Section 9 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in Section 9, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in Section 13. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Certified mail, return receipt requested; or
(c) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
(d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
Section 11. HEARING. If a hearing is requested within the 10 day period as provided in Section 10 such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer. The hearing shall be held by the governing body or its designated representative as soon as possible after the filing of the request therefor, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the manner provided in Section 10.
Section 12. APPEALS. Any person affected by any determination of the governing body under Sections 10 or 11 may appeal such determination in the manner provided by K.S.A. 60-2101.
Section 13. COSTS ASSESSED. If the city abates or removes the nuisance pursuant to section 10, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.
Section 14. CONSTRUCTION. Nothing in this ordinance shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this ordinance shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.
Section 15. Effective Date. This ordinance shall take effect and be in force from and after its publication in the official city newspaper.
Passed by the Governing Body of the City of Hazelton, Kansas, this day of5th day of May, 2015.
Lavina Stewart, Mayor
Gina Stewart, City Clerk
First Published in The Kiowa News on Wednesday, May 27, 2015.)
NOTICE OF PUBLIC HEARING
CITY OF KIOWA
TO WHOM IT MAY CONCERN:
Notice is hereby given that on Wednesday, June 17,2015, at 6:00 p.m. in the Kiowa City Office, 618 Main, Kiowa, Kansas, the City of Kiowa Planning Commission will conduct a public hearing on Case No. BZA-05-01-15, application from Mario Moreno, owner, to appeal a decision by the Zoning Administrator regarding previously vacant property at the northeast corner of Fourth and Dickinson, at approximately 318 S Fourth Street, Kiowa, Kansas, specifically to allow placement of a manufactured home in violation of existing residential property setbacks and design considerations. A copy of the legal description of the property in question is available for inspection at the Kiowa City Office during normal business hours.
Any person wishing to be heard regarding this matter may submit written comments to the Planning Commission prior to the public hearing; or may present written and/or oral comments at such public hearing. All persons wishing to be heard concerning this matter shall be afforded an opportunity to do so. Upon conclusion of said public hearing, the Planning Commission may place requirements or limitations on this development and/or approve or disapprove the appeal/special exception in its entirety.
Dated this 27th day of May, 2015.
Nathan Law, City Administrator
(First Published in The Kiowa News, May 27, 2015)3t
In the Matter of the Estates of:
EVERETT L. SHELITE and
MARJORIE SHELITE, Deceased.
NOTICE OF HEARING OF PETITION
FOR DETERMINATION OF DESCENT
THE STATE OF KANSAS TO ALL PERSONS CONCERNED:
You are hereby notified that a Petition for Determination of Descent has been filed on the 16th day of April, 2015, in said Court by Monte D. Shelite, petitioner. You are hereby required to file your written defenses thereto on or before the 25th day of June, 2015, at 1:30 o’clock p.m. on said day, in said Court, in the City of Medicine Lodge, Barber County Courthouse, Probate Division, at which time and place said cause will be heard. Should you fail therein, judgment and decree will be entered in due course upon said Petition.
MONTE D. SHELITE, Petitioner
LAW OFFICE OF
ROBERT W. CHRISTENSEN
Supreme Court #10585
PO Box 148
Medicine Lodge, KS 67104
Attorney for Petitioner