The Council of the City of Riley finds that certain conditions as hereinafter defined cause annoyance, inconvenience or damage to the public with respect to the public’s comfort, health, safety, welfare and enjoyment of property. Pursuant to the authority found in K.S.A. 12-1617e and K.S.A. 12-16179, and all other Kansas law, including but not limited to the City of Riley’s Home Rule Powers, it is the purpose and intent of the Council of the City of Riley, Kansas, to define and proscribe those conditions which are injurious to the public and which constitute nuisances and public nuisances. It is further the purpose and intent of the Council, pursuant to K.S.A. 12-1617e and K.S.A. 12-1617g, as well as all other authority under Kansas law, including but not limited to the City of Riley’s Home Rule Powers, to set forth and delegate responsibility for procedures regarding notice, abatement and prosecution of those individuals who allow nuisance conditions to exist or maintain nuisance conditions, which procedures are necessary to carry out the provisions of this article.

(K.S.A. 21-4106:4107; K.S.A. 12-1617e; K.S.A. 12-1617f; Ord. 1158; Ord. 1249; Code 2021)

For the purposes of this article, the following words and phrases are defined as follows:

(a)   Nuisance is any one or more of the following conditions which:

(1)   Injures or endangers the comfort, repose, health, safety or welfare of the public;

(2)   Offends decency;

(3)   Is offensive to the senses;

(4)   Interferes with, obstructs or tends to obstruct, or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;

(5)   In any way renders another person insecure in life or the use of property;

(6)   Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of another;

(7)   Keeps, maintains, harbors, or allows any fowl, reptiles, or any other animals in Riley, Kansas other than domestic cats or domestic dogs;

(8)   Is an annoyance, and/or any use of property by one which gives offense to or endangers life or health, violates the laws of decency, unreasonably pollutes the air with foul, noxious, offensive odors or smoke, or obstructs the reasonable and comfortable use and enjoyment of the property of another. See, Steifer v. City of Kansas City, 175 Kan. 794, 798; or,

(9)   Is encompassed within the meaning of common nuisances or nuisances as contemplated by Kansas Statutes Annotated 60-908 or common law. Note: throughout this article, the term “common nuisance” shall be considered to come within the term “nuisance” as used throughout this article.

(b)   Maintaining a nuisance is, by act or by failure to perform a legal duty, intentionally or by negligence or neglect, causing or permitting a nuisance to exist.

(c)   Permitting a nuisance to exist is knowingly or by negligence or neglect, permitting lots, parcels or pieces of real property under the control of the offender, including the streets and alleys in front of and abutting such lots and pieces of land to be used or allowed to remain in such condition as to allow a nuisance condition to exist.

(d)   The term “Designee” herein shall at all times include all members of the City Council, which shall be in addition to the City Clerk.

(Ord. 1158; Ord. 1249; Code 2021)

The maintaining or permitting to be or remain on any public or private property of any of the following conditions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:

(a)   Weeds and grass and obnoxious vegetation when such growth reaches 12 inches in height or higher.

(b)   Placement, storage or accumulation of garbage, rubbish, trash, refuse, junk and other materials, metals, plumbing fixtures, appliances, auto parts, junked, wrecked or inoperable vehicles, lumber or other litter and stuffed, broken or discarded furniture, clothing, broken or unkept fences, or any other items or conditions which create an unsightly appearance. This section applies without limitation to homeowners, renters, landlords, tenants, antique dealers, contractors, pawnbrokers, collectors, junk dealers, junk yards, plumbers, precious metal dealers, secondhand goods dealers, or any other business whether or not required to be licensed under state, federal or local law, whether or not outside storage of items and materials is authorized by the zoning ordinances of the city and whether or not the building, land or property is occupied by human beings.

(c)   Any condition which provides harborage for rats, mice, snakes, mosquitoes or other vermin or insects.

(d)   All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches.

(e)   The carcasses of animals or fowl not disposed of within a reasonable time after death.

(f)    The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, industrial wastes or other substances which are injurious to overland flow or ground water.

(g)   Any building, structure or other place or location where any activity which is in violation of local, state or federal law is conducted, performed or maintained or permitted.

(8) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground, including but not limited to water allowed to remain in used tires.

(h)   Any building where exterior surfaces, other than decay-resistant surfaces, are not protected from the weather, elements and decay by paint or other protective covering or treatment.

(i)    Any vacant or unoccupied structure which is not secured or is in a condition that allows access by any person.

(j)    Graffiti, which shall mean any unauthorized writing, inscription, word, figure, or design which is marked, etched, scratched, drawn, or painted on any structural component of any building, wall, structure, fence, gate, surface, or facility, regardless of the nature of the material used in its application or upon which it is applied.

(k)   Any condition mentioned or defined in Section 8-102(a) above.

(l)    Any junked, wrecked, dismantled, inoperative, untagged, improperly tagged, or abandoned vehicles of any type or sort, including but not limited to vehicles used for parts. Vehicles that have no current tag, or are not current with respect to all personal property taxes and ad valorem property taxes shall be deemed to be within the definition of inoperative and/or untagged by this article.

(m)  Any condition which presents unreasonable danger to small children, as such condition may be found to exist by the City Clerk.

(n)   Any broken, unkept, or unsightly fences.

(o)   Any trees, limbs of trees, leaves, or other growing vegetation or plants that interfere with traffic control devices, traffic signs, public lights, or public rights of ways.

(p)   Any person or household which owns or harbors more than 4 (four) dogs of six months of age or older or more than one litter of pups, or more than 4 (four) cats of more than six months of age or more than one litter of kittens, or more than a total of 4 (four) dogs and cats more than six months of age in any combination.

(Ord. 1158; Ord. 1249; Ord. 1340; Code 2021)

No person, firm, corporation, partnership or other legal entity shall, knowingly or unknowingly, either with intent or neglect, maintain or permit a nuisance or common nuisance to exist within the city limits of the City of Riley, Kansas. Violation of this section shall be a misdemeanor, except in the case of graffiti. In the case of graffiti, the property owner is given ten calendar days from the date of the receipt of the violation notice to remove or have the graffiti removed. If the owner does not do this within the prescribed time, then it shall be a misdemeanor.

(Ord. 1158; Ord. 1249; Code 2021)

The City Clerk or the City Clerk’s designee shall have the authority and it shall be such person’s duty to inspect and examine at any and all times all buildings, lots, locations, parcels or pieces of real property within the city for the purpose of determining the conditions which may affect the public health, safety, or welfare as a nuisance or common nuisance.

(Ord. 1158; Ord. 1249; K.S.A. 12-1617e; Code 2021)

The violation notice shall contain:

(a)   An order to abate the nuisance within ten (10) calendar days of the date of the violation notice or request a hearing within ten (10) calendar days of the date of the violation notice. A list of persons to contact shall be included.

(b)   The location of the nuisance if such nuisance is stationary.

(c)   A description of what constitutes the nuisance;

(e)   A statement of acts necessary to abate the nuisance;

(f)    A statement that if the nuisance is not abated as directed and no request for hearing is made within ten (10) calendar days of the date of the violation notice, the city shall seek the remedy of an administrative penalty of up to $50.00 per day (Note: if second or third notice within a 12-month period, the increased amounts mentioned below shall be used);

(g) A statement that the administrative penalty will continue to accrue for each day the nuisance condition continues to exist for a period of not to exceed ten (10) calendar days; and

(h)   A statement that the owner, occupant or agent may stop the accrual of the administrative penalty by abating the nuisance and advising the City Clerk of the abatement. A list of persons to contact shall be included.

(i)    A statement that if the nuisance is not abated following the administrative penalty period, the City will seek the remedy of prosecution and enforcement for failure to comply with the administrative order and for maintaining a nuisance under this article, and further that the city will seek to abate such nuisance and assess the cost thereof against the property and pursue any other remedies under law.

(Ord. 1158; Ord. 1249; Code 2021)

There shall be an administrative penalty assessed against the owner or person in control of the property, for each day a nuisance condition continues to exist after expiration of the ten (10) calendar days allowed for abatement of the nuisance. The administrative penalty shall be in the amount of up to $50.00 per day and shall in no event exceed ten (10) days. Ten (10) calendar days shall be calculated based upon the date of the violation notice.

If the owner or person in control of the property receives a second nuisance violation notice for the same property in a 12-month period for which an administrative penalty was or is to be assessed, then the administrative penalty shall be doubled to up to $100.00 per day not to exceed a total of $1000 for the second violation.

If an owner or person in control of the property receives a third nuisance violation notice for the same property in a 12-month period for which an administrative penalty was or is to be assessed, then the administrative penalty shall be tripled to up to $150.00 per day not to exceed a total of $1500 for the third violation.

(Ord. 1158; Ord. 1249; Code 2021)

(a)   For purposes of this article, the Mayor of the City of Riley shall designate an administrative hearing officer who shall have the duty and authority to enter such administrative orders as are necessary to the enforcement of this article, and for the purposes of providing all due process that is or may be necessary under this article.

(b)   The administrative hearing officer, upon request of the City Clerk, or designee, shall review the violation notice and all relevant information. If the hearing officer determines after such review that: 1) a nuisance condition exists; 2) no request for a hearing has been made by the owner, occupant or agent; and 3) the nuisance condition remains unabated, then the hearing officer may enter an administrative order. The administrative order shall contain: (1) a finding of whether the City properly sent or delivered notice to the owner, occupant or agent in accordance with provisions herein; (2) a finding of the nuisance conditions which exist; (3) the failure of the owner, occupant or agent to abate or otherwise remove the nuisance conditions; and (4) an administrative penalty not to exceed $50.00 per day for each day the nuisance condition exists not to exceed a total of ten (10) days. In no event shall an administrative penalty exceed a period of ten (10) calendar days. (Note: for second violation within 12-month period, penalty of up to $100 per day for ten days may be assessed, and for third violation within 12-month period, penalty of up to $150 per day for ten days may be assessed).

(c)   If the owner, occupant or agent requests a hearing within ten (10) calendar days of the date of the violation notice, the administrative hearing officer shall schedule a hearing within three (3) working days of receipt of the hearing request. Written notice of the hearing date and time shall be provided to the owner. At the hearing, owner shall be given the opportunity to present information relevant to the violation notice. The City Clerk or designee of the City also shall be given the opportunity to present information relevant to the violation notice. The hearing may be continued to a later time in exceptional cases where additional information is needed, as determined by the hearing officer. After all information has been offered, the hearing officer shall render a written decision.

(d)   The administrative hearing officer may modify an order, including the administrative penalty in cases of undue hardship or in cases presenting extenuating circumstances. In addition, the administrative hearing officer may modify an order if it is determined that the owner of the property is utilizing remedies provided by the Residential Landlord Tenant Act.

(e)   It shall be unlawful for any person to whom an administrative order is issued to fail to comply with the provisions of the administrative order.

(f)    The administrative hearing officer shall provide the option of daytime or evening administrative hearing times.

(Ord. 1158; Ord. 1249; Code 2021)

The violation notice may be served personally on the owner, tenant, agent, or person in control of the real property or may be served by certified mail, return receipt requested, upon the owner, tenant, or agent. A record of proof of mailing shall be maintained by the City Clerk or designee. If the property is unoccupied or the owner is a non-resident, notice may be served by certified mail, return receipt requested, to the last known address of the owner. If the address or whereabouts of the owner, occupant or agent cannot be determined after due diligence, then the violation notice shall be published in the official city newspaper. If the nuisance violation relates to improvements such as buildings or structures, the notice shall also be posted on the building or structure.

(Ord. 1158; Ord. 1249; Code 2021)

(a)   If the person upon whom notice to abate a nuisance was served pursuant to the provisions of this article fails to abate the nuisance, the City Clerk or designee or other duly designated officer of the city shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof to be certified to the council. In addition, the City Clerk shall follow all other provisions of K.S.A. 12-1617e, including but not limited to notifying the owners of the property of the cost of such abatement or removal incurred by the city. The City Clerk shall follow all other provisions of K.S.A. 12-1617e and other Kansas law to cause the total cost of such abatement or removal to be assessed and charged against the lot or parcel on which the nuisance was located, and cause the same to be collected by the county treasurer and paid to the city as other city taxes are collected and paid. In the alternative or in addition, the City Clerk or designee may seek the remedy of enforcement and prosecution by directing that the City Attorney for the City of Riley, Kansas file an action in Riley County District Court in the name of the City of Riley, Kansas, to seek enforcement of this article, to seek abatement of the nuisances, to seek enforcement of orders from the administrative hearing officer, and to seek reimbursement for all penalties, administrative penalties, costs, attorneys fees, and amounts expended by the City of Riley in connection with efforts to enforce this article with respect to the property in question. The Riley City Clerk may seek formal recommendations from the Riley City Council, based upon an open public vote, to file actions to enforce this article in Riley County District Court. The City of Riley, Kansas specifically sets forth in this article that it shall be the requirement of the person to pay all attorney’s fees incurred by the City of Riley, Kansas and the Riley City Attorney in connection with efforts to enforce this article in Riley County District Court. In addition, the Riley City Attorney, at his or her discretion, shall be entitled to include, along with actions to enforce this article, claims for violations of K.S.A. 60-908.

(b)   The abatement of a nuisance under the direction of the City Clerk shall not be a defense or excuse to the owner, occupant, tenant, agent, or other person responsible for not conforming with this article.

(Ord. 1158; Ord. 1249; Code 2021)

Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this article shall be assessed against each lot or piece of ground chargeable therewith, as a service assessment as provided by law. This remedy shall be in addition to remedies whereby the City Attorney may seek to enforce this article in Riley County District Court, and seek a judgment in Riley County District Court against an individual or other legal entity for all amounts mentioned in this article.

(Ord. 1158; Ord. 1249; Code 2021)

Whenever in the judgment of the City Clerk the storage or abandonment of a refrigerator, deep freeze, or other such appliance which has an attached door that cannot be easily opened from the inside constitutes an emergency and requires immediate action to protect the public health, safety or welfare, an order may be issued by the City Clerk, without written notice, or hearing, directing the owner, tenant, occupant, or agent of the real property upon which the refrigerator, deep freeze or other such appliance is located to take such action as is appropriate to correct or abate the emergency. The City Clerk may not abate other nuisance conditions existing on the real property without giving proper notice. The City Clerk shall attempt to contact the owner, tenant, occupant, or agent of the real property. If such attempt is unsuccessful, the director may act to correct or abate the emergency. The owner, tenant, occupant, or agent of the real property shall be granted a conference on the matter upon request, as soon as practicable, but such conference shall in no case stay the abatement or correction of such emergency.

(Ord. 1249; Code 2021)