It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:
(a) Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;
(b) All dead animals not removed within 24 hours after death;
(c) Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;
(d) All stagnant ponds or pools of water;
(e) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes;
(f) Abandoned iceboxes or refrigerators kept on the premises under the control of any person, or deposited on the sanitary landfill, or any icebox or refrigerator not in actual use unless the door, opening or lid thereof is unhinged, or unfastened and removed therefrom;
(g) 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;
(h) Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city.
(i) Pool or pond not having fencing designed to keep children out.
(K.S.A. 21-4106:4107; K.S.A. 12-1617e; K.S.A. 12-1617f; Ord. 462; Code 2018)
The City police of the City of Marquette shall file with the City Clerk a statement in writing, that a nuisance, as defined herein, rank vegetation, or pond water, describing the same and where located, a statement that same is a menace and dangerous to the health of the inhabitants of the City, or of any neighborhood, family or resident of the City. Alternatively, the governing body of the City, by resolution, also may make such determination. The governing body may determine of its own motion that a nuisance exists without complaint from a citizen upon viewing what may be considered to be a nuisance.
(Ord. 462; Code 2018)
The public officer shall make inquiry and inspection of premises upon receipt of a complaint stating that a nuisance exists and describing the same and where located, or is informed that a nuisance may exist by the board of health, chief of police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings.
(Ord. 462; Code 2018)
It shall be a violation of this code to deny the city police 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
(Ord. 462; Code 2018)
Any person, corporation, partnership or association found by the city police or the governing body of the City of Marquette to be in violation of 8-101, shall be served by restricted mail, postage prepaid, return receipt requested; provide, that if the owner or his or her agent in charge of the property is a resident of McPherson County, Kansas the notice may be personally served by the city police.
(K.S.A. 12-1617e; Ord. 462; Code 2018)
The order shall state the condition(s) which is (are) in violation of section 8-101. The order shall also inform the person, corporation, partnership or association that:
(a) He, she or they shall have 10 days from the date of mailing the order to abate the condition(s) in violation of section 8-101; provided, however, that the governing body (or its designee named in section 8-105) shall grant one or more extensions of the 10-day period if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions in violation of section 8-101; or,
(b) He, she or they have 10 days from the date of mailing the order, plus any additional time granted under subsection (a), to request a hearing before the governing body or its designated representative of the matter as provided by section 8-109;
(c) Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-107 and/or abatement of the condition(s) by the city as provided by section 8-108.
(Ord. 462; Code 2018)
Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing, the city police may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of 8-101, be fined in an amount not to exceed $100. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Ord. 462; Code 2018)
In addition to, or as an alternative to prosecution as provided in Section 8-107, the city police may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to Section 5 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in Section 8-106, the city police or any member of the governing body of the city of Marquette may present a resolution to the governing body for adoption authorizing the city police or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution.
If a hearing is requested and held pursuant to Section 8-109 and a determination made by resolution that a nuisance exists, the resolution shall authorize the city police or other agents of the city to abate the conditions causing the nuisance or violation at the end of 10 days or such other reasonable time as set by the city in said 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 10. 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) Service by certified mail, postage prepaid, 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 the effect shall be made by the city police 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.
(Ord. 462; Code 2018)
If a hearing is requested within the 10-day period as provided in section 8-106, 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 therefore, 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 8-108.
(Ord. 462; Code 2018)
If the city abates the nuisance pursuant to Section 8-108, the cost of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The City shall give notice to the owner or agent by restricted mail of the total cost of such abatement or removal incurred by the City. Such notice also shall state that the payment of such cost is due and payable within 30 days following receipt of such notice. The city may also recover the cost of providing notice, including any postage, required by this section. If the cost of such removal or abatement and notice is not paid within the 30-day period, the cost shall be collected in the manner provided by K.S.A. 1989 Supp. 12-1,115 and amendments thereto, or shall be assessed and charged against the lot or parcel of ground on which the nuisance was located. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the costs as provided in this section. The county clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
(Ord. 462; Code 2018)