ORDINANCE NO. 2026-6
AN ORDINANCE AMENDING CHAPTER VIII, Article 1, of the Code of the city of protection, Kansas, declaring certain matters as HEALTH, ENVIROMENTAL, and motor vehicle nuisances within the city of Protection, kansas, which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF PROTECTION, KANSAS:
SECTION 1. AMENDMENT OF CHAPTER VIII, ARTICLE 1, THE CODE OF THE CITY OF PROTECTION: That Chapter VIII, Article 1, of the Code of the City of Protection, Kansas, adopted pursuant to Ordinance No. 501 of the City of Protection, Kansas, is hereby amended to read as follows:
8-101. FINDINGS: The Governing Body has found that there exists 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, safety, and welfare 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.
8-102. DEFINITIONS. The words and phrases listed below when used in this Article shall have the following meanings:
A. 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 code; or incapable of moving under its own power; or in a junked or wrecked condition.
B. Motor vehicle – without limitation, any automobile, truck, tractor, motorcycle, or other motorized conveyance, which, as originally built contained an engine, regardless of whether it contains an engine at any other time.
C. Inoperable – a condition of being wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed.
D. Mobile Structure – A transportable, factory-built structure, designed to be a useful for things whatsoever.
E. Abandoned Mobile Structure – Mobile structures left in a dilapidated, deteriorated, or disrepair, scrapped, ruined, dismantled or unusable for its intended purpose. Any mobile structure may be ruled abandoned if open to outside elements from broken doors, windows, not skirted, or not connected to city utilities.
F. 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.
G. Commercial or Industrial – used or intended to be used primarily for other than residential purposes.
H. 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.
I. Enclosed yard – shall mean a yard, as defined herein, which is completely surrounded by physical barrier, such as a fence, wall, hedge, or shelter belt.
J. 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.
K. 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.
L. Open yard – shall mean a yard, as defined herein, which is not completely surrounded by physical barrier.
M. 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.
N. 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.
O. Refuse – garbage and trash.
P. Residential – used or intended to be used primarily for human habitation.
Q. 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.
R. 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.
S. Weathered – deterioration caused by exposure to the elements.
T. Yard – the area of the premises not occupied by any structure.
8-103. RULES OF CONSTRUCTION: For the purpose of this article, the following rules of construction shall apply:
A. Any part thereof – Whenever the words premises, structure, building or yard are used they shall be construed as though they were followed by the words “or any part thereof.”
B. Gender – Words of gender shall be construed to mean neuter, feminine or masculine, as may be applicable.
C. Number – Words of number shall be construed to mean singular or plural, as may be applicable.
D. Tense – Words of tense shall be construed to mean present or future, as may be applicable.
E. Shall – The word shall is mandatory and not permissive.
8-104. HEALTH AND ENVIROMENTAL NUISANCES UNLAWFUL; DEFINED: It shall be unlawful for any person or entity to maintain or permit any health or environmental nuisance on any premises within the City 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, as defined, without limitation, as follows:
A. filth, excrement, cans, paper, garbage, trash, junk, refuse, wire, tires, auto parts, concrete, scrap metal, plastic products, or any other offensive or disagreeable thing or substance thrown, left, deposited, or accumulated upon any street, avenue, alley, sidewalk, park, any other public property, any enclosed or open yard, or any other commercial, industrial or residential premises, whether vacant or occupied;
B. Lumber, masonry products, rocks, dirt, supplies, parts, machinery or equipment thrown, left, deposited, or accumulated upon any street, avenue, alley, sidewalk, park, or any other public property, or in a disorderly or otherwise unsafe manner upon any enclosed or open yard, or any other commercial, industrial or residential premises, whether vacant or occupied;
C. all dead animals not removed within twenty-four (24) hours after death;
D. any place or structure or object or substance which emits or causes any offensive, disagreeable or nauseous odors;
E. all stagnant ponds or pools of water;
F. All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes, or that has grown to seed, or that obscures debris or locations of filth.
G. All furniture, appliances, fixtures, or other personal property not intended for exterior use thrown, left, deposited or accumulated upon any street, avenue, alley, sidewalk, park, any other public property, any enclosed or open yard, or any other commercial, industrial or residential premises, whether vacant or occupied;
H. All furniture, appliances, fixtures, or other personal property intended for exterior use thrown, left, deposited or accumulated upon any street, avenue, alley, sidewalk, park, or any other public property, or in a disorderly or otherwise unsafe manner upon any enclosed or open yard, or any other commercial, industrial or residential premises, whether vacant or occupied;
I. All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood;
J. All accumulation of limbs and brush that may contribute and enhance a fire hazard;
K. exteriors of any structure, accessory structure, fences, walls, or retaining walls that are deteriorated, dilapidated, unsightly, or in disrepair;
L. any fence, structure, vehicle, trailer, equipment, or other object or substance placed or left upon or being upon any street, sidewalk, alley or any other public property so as to obstruct the same, except as permitted by the laws of the City.
8-105. MOTOR VEHICLE NUISSANCES; FINDINGS; DEFINITIONS; UNLAWFUL; DEFINED; EXCEPTIONS:
A. FINDINGS: The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:
1. Serves as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
2. Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;
3. Are a ready source of fire and explosion;
4. Encourage pilfering and theft;
5. Constitute a blighting influence upon the area in which they are located;
6. Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.
B. MOTOR VEHICLE NUISANCES UNLAWFUL; DEFINED; EXCEPTIONS: It shall be unlawful for any person or entity to maintain or permit any motor vehicle nuisance or motor vehicle parts nuisance within the City.
1. A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition. Any one of the following conditions shall raise the presumption that a motor vehicle is junked, wrecked, inoperable or not currently registered:
i. absence of a current registration plate upon the motor vehicle;
ii. placement of the motor vehicle or motor vehicle parts thereof upon jacks, blocks, or other supports;
iii. absence of one or more motor vehicle parts of the motor vehicle necessary for the lawful operation of the motor vehicle upon street or highway.
2. The provisions of this section shall not apply to:
i. any motor vehicle which is enclosed in a garage or other fully enclosed building;
ii. any motor vehicle located upon a commercial or industrial zoned premises, pursuant to an ongoing business enterprise, that does not present a hazard or danger to persons or the public and that is safely stored and secured in a manner sufficient to not be visible or accessible from any street, avenue, alley, sidewalk, park, any other public property, or any private property; or
iii. to the parking or storage of a motor vehicle inoperable for a period of thirty (30) consecutive days or less.
8-106. ENFORCING OFFICER: For the purposes of and to effect this Article, the term “Enforcing Officer” means the City of Protection Code Enforcement Officer, designated by the Mayor with the consent of the City Council, and/or their designee.
8-107. COMPLAINTS; INQUIRY AND INSPECTION: The Enforcing officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing by one or more persons stating that a nuisance exists and describing the same and where located; upon receiving information that a nuisance may exist from any governmental entity, official, officer, or employee; or when it appears to the Enforcing Officer that conditions constituting a nuisance exist. The Enforcing Officer shall, upon making inspection and inquiry, make immediate written report of such officer’s findings.
8-108. RIGHT OF ENTRY. The Enforcing Officer has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists. However, unless life or property is in imminent danger, the Enforcing Officer shall, before entering the interior of a residence or structure, obtain consent to such entry from the owner or occupant of such residence, or an order authorizing such entry from a court of competent jurisdiction. In the event the enforcing offer is denied entry to any premises, property or structure, such officer may apply to a court of competent jurisdiction for an order authorizing such entry and directing any person or persons who own, lease, occupy, or otherwise control such residence to grant such entry pursuant to the order.
8-109. NOTICE OF VIOLATION AND SERVICE THEREOF:
A. Any person or entity the Enforcing Officer finds to be in violation of this Article shall be served written notice of such violation. The City Clerk shall cause notice to be served by certified mail, return receipt requested, or by personal service or, in the event the property or premises is unoccupied and the owner thereof does not reside within the corporate limits of the City of Protection, by mailing such notice by certified mail, return receipt requested, to the owner’s last known address. Notice by mail shall be deemed complete upon mailing. Notice may also be served by leaving a copy of the notice at the usual place of residence of the owner or agent with a person of suitable age and discretion regularly residing therein, or by leaving the notice in a conspicuous location at the residence.
B. Should the person or entity upon which service by certified mail, return receipt requested is attempted refuse to take delivery or the certified mail is unclaimed, and return is made to the city indicating such refusal or unclaimed status, the City Clerk shall send to such person or entity, by first class mail, the notice previously sent and receipt by such person or entity shall be deemed to have occurred upon such mailing. The City Clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.
C. In the event the whereabouts and last known address 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 Enforcing Officer and filed with the City Clerk, and service of the notice 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 notice on the premises where the nuisance exists. Notice under this subsection shall be considered complete upon second publication.
8-110. NOTICE CONTENTS: The notice shall describe in writing the conditions constituting the nuisance and violating this Article. The notice shall also inform the person or entity receiving such notice that:
A. Such person or entity shall have such time, to be specified in the notice and not to exceed thirty calendar (30) days from the date of service of the notice, to remove and abate the nuisance from the property or premises;
B. Such person or entity may, within the time specified in the notice and not to exceed the time specified therein within which nuisance removal and abatement is required, request a hearing before the governing body as provided by Section 8-113;
C. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the Enforcing Officer before the governing body; and,
D. Failure to remove and abate the nuisance, or to request a hearing as provided herein, within the time allowed may result in prosecution, as provided by Section 8-111, and/or removal and abatement of the nuisance by the city, as provided by Section 8-112, and assessment of the costs, as provided by Section 8-114.
8-111. FAILURE TO COMPLY; PENALTY: Should the person or entity receiving the notice provided for by Sections 8-109 and 8-110 fails to comply with such notice or to request a hearing as provided by Section 10, or should such person or entity fail to comply with the resolution of the governing body if a nuisance is determined to exist after a hearing pursuant Section 10, the Enforcing Officer may file a complaint in the municipal court of the city against such person or entity alleging a violation of this Article. Upon conviction of a violation of this Article, such person or entity shall be fined in an amount not to exceed $500 or be incarcerated not to exceed 30 days or be both fined and incarcerated. Each day during or upon which a violation continues after the expiration of the time provided for in the notice as provided for in Section 8-110 shall constitute an additional or separate offense.
8-112. ABATEMENT BY CITY; PROCEDURE: In the event a person or entity to whom notice has been served pursuant to Sections 8-109 and 8-110 fails to remove or abate the conditions constituting the nuisance, or to request a hearing before the governing body within the period specified in Section 8-110, the Enforcing Officer may seek to abate the alleged nuisance and such election may be in addition to, or an alternative to, prosecution and shall not preclude prosecution. In the event the Enforcing Officer makes such election to remove and abate, such officer shall proceed in the manner prescribed by this Section, as follows:
A. The Enforcing Officer shall present a resolution to the governing body for its consideration and authorizing such officer to abate or cause to have abated the conditions causing the nuisance at the end of ten (10) days following passage of the resolution by the governing body.
B. The resolution shall further provide that, in accordance with Section 8-114, the costs incurred by the city to remove and abate the nuisance shall be assessed and required to be paid within thirty (30) days of receipt of notice of the costs, and should the costs remain unpaid after thirty (30) days of receipt of the notice, the City Clerk may sell any salvage from the removal and abatement process and apply the proceeds of such sale to pay said cost, and should the proceeds of any such sale be insufficient to cover the costs, or if there exists no salvage, the City Clerk shall, at the time required by law for the certification of other city taxes, certify the unpaid portion of said costs to the County Clerk for extension of the same on the county tax rolls against the property upon which the nuisance was located.
C. In the event the governing body adopts and passes the resolution, the Enforcing Officer shall cause a copy of said resolution to be served upon the person or entity violating this Article and the owner of said lot or parcel. Service shall be effect ted by the means prescribed in Section 8-109.
8-113. HEARING: If a hearing is requested in writing and received by the governing body within the time period prescribed by Section 8-110, the governing body shall conduct a hearing as soon as may be practicable and the person or entity receiving notice shall be advised by the City Clerk of the time and place of the hearing at least five (5) days in advance thereof. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the Enforcing Officer before the governing body.
A. On the date fixed for hearing or any adjournment or continuation thereof, the governing body shall hear all evidence submitted by the owner, the owner’s agent, lien holders of record, occupants or other parties in interest in the property upon which the nuisance is situated, and all evidence submitted by the city. Upon hearing such evidence, the governing body shall make findings by resolution. The hearing provided for in this Section need not be conducted according to formal rules of evidence.
B. If, after notice and hearing as provided in this Article, and upon hearing the evidence provided for in subsection A of this section, the governing body determines that a nuisance exists, it shall set forth in writing in the form of a resolution its findings of facts supporting such determination. The resolution shall also fix a reasonable period of time, to be determined by the governing body, within which the removal and abatement shall be commenced, and a statement that if the person or entity, or owner, fails to commence said removal and abatement within the time period established by the resolution, or fails to diligently prosecute and pursue the same until the work is completed, the governing body shall cause the nuisance to be removed and abated, and the Enforcing Officer may file a complaint in the municipal court of the city against such person or entity alleging a violation of this Article. The resolution provided for in this section shall be published once in the official city newspaper and the City Clerk shall mail a copy of the resolution to the person or entity, and owner, in the same manner as provided for in Section 8-109.
8-114. ASSESSMENT, FUNDING, AND PAYMENT OF COSTS:
A. If the City abates or removes the nuisance, all costs incurred by the City pursuant to or incidental to this Article shall be reported in detail and in writing by said officer to the City Clerk. The City Clerk shall keep an account of such costs, as well as any and all costs of notices, service and/or mailing of notices, and publication of notices, required by this Article. The City Clerk shall immediately cause the reporting and accountings required by this section to be entered in the appropriate city record and shall report the same to the governing body.
B. The City Clerk shall, within ten (10) calendar days of receipt of the Enforcing Officer’s report of costs, give notice by restricted mail to the person or entity violating this Article and the owner of said lot or parcel of the costs required to be reported by subsection A of this section, and such notice shall include a statement requiring payment of the costs to the City within thirty (30) days following receipt of the notice. Should the person or entity violating this Article or the owner of said lot or parcel refuse to take delivery of the notice or it is unclaimed, and return is made to the city indicating such refusal or unclaimed status, the City Clerk shall send to the person or entity violating this Article and/or the owner of said lot or parcel, by first class mail, the notice previously sent and receipt by the person or entity violating this Article and/or the owner of said lot or parcel shall be deemed to have occurred upon such mailing. The City Clerk shall make and maintain records detailing the method and time of sending and receipt of such notice.
C. Should the costs remain unpaid after thirty (30) days of receipt of the notice by the person or entity violating this Article and the owner of said lot or parcel, the City Clerk may sell any salvage from the removal and abatement process and apply the proceeds of such sale to pay said costs. Any proceeds received which exceed said costs shall be remitted to the owner within thirty (30) days of the conclusion of the sale.
D. Should the proceeds of any sale held pursuant to Section 8-114(C) be insufficient to cover the costs enumerated in this Article, or if there exists no salvage, the City Clerk shall, at the time required by law for the certification of other city taxes, certify the unpaid portion of said costs to the County Clerk for extension of the same on the county tax rolls against the property upon which the nuisance was located.
E. In addition to levying a special assessment against the property upon which the nuisance was located as provided for in Section 8-114(D), the city may also elect to collect the unpaid portion of the costs provided for herein in the manner provided by K.S.A. 12-1,115 and amendments thereto, and may pursue such remedy without limiting its ability to levy the special assessment, but only until such time as the full costs and any applicable interest has been paid in full.
F. If there is no salvageable material, or if the moneys received from the sale of salvage are insufficient to pay the costs incurred by the city pursuant to this Article and/or the costs associated with notices required by this Article, such costs or any portion thereof in excess of that received from the sale of salvage may be financed, until such time as the costs are paid, out of the general fund.
8-115. DISPOSITION OF MONEYS RECEIVED: When and if paid, all moneys received from special assessments levied under the provisions of this Article, or from an action under K.S.A. 12-1,115 and amendments thereto, shall be placed in the general fund of the city.
8-116. IMMEDIATE HAZARD: When in the governing body’s opinion any nuisance exists which constitutes an immediate hazard requiring immediate action to protect the public or adjacent property, the governing body may direct the Enforcing Officer to take immediate action, without delay, to protect the safety of persons and properties including, but not limited to, the erection of barricades, or causing the property upon which the nuisance is located to be vacated or otherwise made safe. Such action by the governing body and Enforcing Officer may be taken without prior notice or hearing of the owners, agents, lienholders, occupants, or other parties in interest. The costs of any action under this section shall be reported and documented, notice of costs shall be afforded, and the costs shall be assessed, in the same manner as provided in Section 8-114.
8-117. NOTICE TO OWNER: Notwithstanding any other provision of this Article or of law, any and all notices required by this Article shall also be served upon the owner of any premises or property upon which there exists a nuisance.
8-118. SEVERABILITY: In the event any section or part of this Article is found by a court of competent jurisdiction to be invalid, such finding shall not affect the validity of the remaining sections or provisions and such remaining sections or provisions shall remain valid and enforceable.
Section 2. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its adoption and publication in the official City newspaper.
Passed, approved and adopted by the Governing Body of the City of Protection, Kansas, this 14 day of October, 2026.
/s/_________________________________________
Chris Brosius, Mayor
Attest:/s/ _________________________________________
Jennifer Monroe, City Clerk
