CHAPTER 4. BUILDINGS AND CONSTRUCTIONCHAPTER 4. BUILDINGS AND CONSTRUCTION\Article 9. Property Maintenance Code

This article shall be known as “The Property Maintenance Code,” and may be referred to, herein, as “this code” or “this article.”.

(Ord. 161; Code 2022)

The purpose and intent of this code is to protect the public health, safety, morals, and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and non-residential premises in the City of Lake Quivira, Kansas; to establish minimum standards governing utilities, facilities and other physical components governing utilities, facilities and other physical components and conditions essential to make the aforesaid premises fit for human habitation, occupancy and use; to impose certain responsibilities and duties upon owner and operators of such premises and impose distinct and separate responsibilities and duties upon the occupants of such premises; to authorize and establish procedures for the inspection of residential and non-residential premises; to impose penalties for the violations of this code; and to provide for the repair demolition or vacation of premises unfit for human habitation, occupancy or use.

(Ord. 161; Code 2022)

The following terms wherever used herein or referred to in this article shall have the respective means assigned to them unless a different meaning clearly appears from the context; all definitions of the Uniform Building Code, related codes and zoning regulations adopted by the City of Lake Quivira are hereby included by reference.

(a)   Deterioration - The condition of a building or part thereof, characterized by holes, breaks, rot, crumbling, peeling, rusting or other evidence of physical decay of neglect, lack of maintenance or excessive use.

(b)   Exposed to Public View - Any premises, or any part thereof, of any building or any part thereof, which may be lawfully viewed by the public.

(c)   Exterior of the Premises - Open space on the premises outside of any building thereon.

(d)   Extermination - The control and elimination of insects, rodents and vermin.

(e)   Garbage (see also Refuse, Rubbish) - Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(f)    Habitable Rooms - Rooms used or designed for use by one or more persons for living or recreation or sleeping or cooking and eating, but not including bathrooms, water closet compartment, laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms, utility rooms, and other rooms or spaces that are not used frequently or for an extended period of time or that have less than 50 square feet of superficial floor area shall not be considered as habitable rooms.

(g)   Infestation - The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.

(h)   Nuisance -

(1)   Any public nuisance as defined by applicable statutes or ordinances.

(2)   Any attractive nuisance which may prove detrimental to the health or safety of children whether in a building, on the premises of a building or upon an unoccupied lot. This includes, but is not limited to: abandoned wells, shafts, basements, excavations, abandoned iceboxes, refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris, or vegetation such as poison ivy, poison oak or poison sumac which may prove hazardous for inquisitive minors.

(3)   Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.

(4)   Overcrowding of a room with occupants in violation of this code.

(5)   Insufficient ventilation or illumination in violation of this code.

(6)   Inadequate or insanity sewage or plumbing facilities in violation of this code.

(7)   Insanitary conditions or anything offensive to the senses or dangerous to health, in violation of this code.

(8)   Whatever renders air, food or drink unwholesome or detrimental to the health of human beings:

(9)   Fire hazards.

(i)    Operator - Any person who has charge, care of control of a dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.

(j)    Owner - Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or shall have charge, care or control of any dwelling unit, as owner or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate, or as a mortgagee in possession regardless of how such possession was obtained. Any person who is a lessee subletting or reassigning any part of all of any dwelling of dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.

(k)   Parties in Interest - Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.

(l)    Premises - A lot, plot or parcel of land including the buildings of structures thereon.

(m)  Public Authority - Shall mean any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations or to other activities concerning buildings in the City of Lake Quivira, Kansas.

(n)   Building Official - Any person who, under a contract with the City of Lake Quivira, Kansas, serves as a building inspector for said City, or such other person or employee of the City of Lake Quivira, Kansas, appointed or designated from time to time by the Mayor of said City to perform the duties as may be necessary to the enforcement of this code, including inspection and holding of hearings.

(o)   Refuse (see also Garbage, Rubbish) - All putrescible and non-putrescible solid waste (except body wastes), including but not limited to: garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.

(p)   Rubbish (see also Garbage, Refuse) - Non-putrescible solid wastes consisting of both combustible and non-combustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery, and similar materials.

(Ord. 161; Code 2022)

(a)   Every residential or non-residential structure and the land on which it is situated, located within the City of Lake Quivira, Kansas, used or intended to be used as a dwelling or for commercial or business occupancy shall comply with the provisions of this code, whether or not such structure shall have been constructed, altered or repaired before or after the enactment of this code, and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the structure or premises for the construction or repair of the building, or for the installation or repair of equipment or facilities prior to the effective date of this code.

(b)   In any case where the provisions of this code impose a higher standard than set forth in any other ordinance of the City of Lake Quivira or under the laws of the State of Kansas, then the standards as set forth herein shall prevail, but if the provisions of this code impose a lower standard than any other ordinance of the City of Lake Quivira, Kansas or of the laws of the State of Kansas, then the higher standard contained in any such other ordinance or law shall prevail.

(c)   No license or permit or other certification of compliance with this code shall constitute a defense against any violation of any other ordinance applicable to any structure or premises, nor shall any provision herein relieve any owner, operator or occupant from complying with any such other provision, nor any building official of the City of Lake Quivira, Kansas from enforcing any such other provision.

(Ord. 161; Code 2022)

(a)   Maintenance of Exterior of Premises - Free of hazards and insanitary conditions. The exterior of the premises and all structures thereon shall be kept free of all nuisances, and any hazards to the safety of the occupant, pedestrians and other persons utilizing the premises, and free of insanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include but are not limited to the following:

(1)   Refuse-Brush, weeds, broken glass, stumps, roots, obnoxious growth, filth, garbage, trash, and debris.

(2)   Natural Growth - Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constituted a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.

(3)   Overhangings - Loose and overhanging objects, and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.

(4)   Ground surface hazards or insanitary conditions-Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, and excretion of pets and other animals on paths, walks, driveways, parking lots and parking areas, and other parts of the premises which are accessible to the public and which constitute a hazardous or insanitary situation. Holes and excavations shall be filled and repaired, walls and steps replaced and other conditions removed where necessary to eliminate hazards or insanitary conditions with reasonable dispatch upon their discovery. This paragraph does not apply to single-family dwellings.

(5)   Recurring accumulations of storm water - Adequate run-off drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of storm water.

(6)   Sources of Infestation.

(7)   Foundation Walls-Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.

(8)   Exterior porches, landings, balconies, stairs and fire escapes-Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of failing, and the same shall be kept structurally sound, in good repair, and free from defects.

(b)   Appearance of exterior premises and structures - The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor to adjoining property.

(1)   Chimneys and all Flue and Vent Attachments Thereto - Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects, and so maintained as to capably perform at all times the functions for which they were designed.

(2)   Storage of Commercial and Industrial Material - No equipment and/or materials relating to commercial or industrial use shall be stored or used at a location visible from the sidewalk, street or other public or semi-public areas, unless such storage and/or use is permitted under the Zoning Regulations of the City of Lake Quivira, Kansas applicable to such premises.

(3)   Landscaping - Premises with landscaping and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitute a blighting factor to adjoining property.

(4)   General Maintenance - The exterior of every structure of accessory structure (including fences) shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other condition reflective or deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated, and adjoining properties protected from blighting influences.

(5)   Structural and General Maintenance -

(A)  The outside building walls shall not have any holes, loose boards, or any broken, cracked or damaged finish, which admits rain, cold air, dampness, rodents, insects or vermin.

(B)   Every dwelling shall be so maintained so as to be weather and water tight.

(C)   All parts of the premises shall be maintained so as to prevent infestation.

(D)  All parts of the dwelling shall be kept in a clean and sanitary condition, free of nuisance, and free from health, safety and fire hazards.

(Ord. 161; Code 2022)

(a)   Public Officer - All inspections, regulations, enforcement and hearings on violations of the provisions of this code, unless expressly stated to the contrary, shall be under the direction and supervision of the Building Official.

(b)   General Administrative Provisions - Whenever a complaint is filed with the Building Official by a public authority or by a resident or owner charging that any structure is unfit for human habitation or occupancy or whenever it appears to the building official on his own motion that any structure is unfit for human habitation, occupancy or use or that the continuing of any condition applicable to a structure or premises constitutes a nuisance in the meaning of this article or presents a condition harmful to the health and safety of the occupants of said structure and/or to the general public of the City of Lake Quivira, Kansas, the Building Official shall, if his or her preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such structure and/or premises a complaint stating the charges and containing a notice that a hearing will be held before Building Official at a place therein fixed not less than ten days nor more than thirty days after the serving of the complaint; that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, to have an attorney, and to give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the Building Official.

(c)   Result of Hearing - If, after such notice and hearing, the Building Official determines that the structure or premises under consideration is unfit for human habitation or occupancy or use, or otherwise violates any provision of this article, he shall state in writing his findings or fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest a written order:

(1)   Requiring the repair, alteration or improvement of the said structure and the eradication of all violations of this article, cited to be made by the owner, within a reasonable time, which time shall be set forth in the order, or, as may be applicable, at the option of the owner, to vacate or have the said structure vacated and closed within the time set forth in the order, or

(2)   If the structure is in such condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter, or improve the same structure with the time specified in the order, then the owner shall be required to remove or demolish the said structure within a reasonable time as specified in the said order of removal.

(d)   Right to Appeal - If, after such notice and hearing, the person or persons notified disagree with the decision of the Building Official then they shall have the right to appeal to the Governing Body of the City of Lake Quivira, Kansas within twenty days after notice of order to repair or demolish. The City’s Governing Body, within forty-five days of its receipt of such appeal, shall affirm, reverse or modify the decision of the Building Official.

(e)   Failure to Comply - If the owner fails to comply with an order to repair, alter, maintain or remove, or, as may be applicable, at the option of the owner, to vacate and close the structure, the Building Official may cause such structure and premises to be repaired, altered or maintained or improved, or to be vacated and closed; that the building official may cause to be posted on the main entrance of any structure so closed, a placard with the following words: “This structure is unfit for human habitation or occupancy or use; the use or occupation of this structure is prohibited and unlawful.” If the owner fails to comply with an order to remove or demolish the structure, the Building Official may cause such structure to be removed or demolished, or may contract for the same after calling for bids.

(f)    Costs - The owner of the property where the Building Official had a structure removed or demolished or had other repair of maintenance work completed shall be liable for all costs incurred by the building official on behalf of the city relating to such work. An itemization of the actual cost of such work shall be prepared by the Building Official and reported to the City Clerk, and the City Clerk shall, at the time of certifying other city taxes to the applicable County Clerk, certify the aforesaid cost of such work, and said County Clerk shall extend the same on the tax roll of the applicable county against the subject lot or parcel of ground, and it shall be collected by the County Treasurer and paid to the City of Lake Quivira, Kansas in the same manner as city taxes are collected and paid.

(g)   Notice - Complaints, orders and notices issued by the Building Official shall be served personally or by certified mail, return receipt requested; if the certified mail envelope is returned with an endorsement showing refusal or delivery, the Building Official shall send a copy of such complaint, order or notice by ordinary, first-class mail and such mailing shall be evidenced by a certificate of mailing, and service shall be considered obtained by ordinary, first-class mail. If in the exercise of reasonable diligence the person to be served cannot be found, and building official shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in the official newspaper of the City of Lake Quivira, Kansas with the first such publication not less than twenty days before the effective date of such notice or order. A copy of such complaint, notice or order shall be posted in a conspicuous place on premises affected by the complaint, notice or order. A copy of such complaint, notice or order shall be duly recorded or logged for record with the Register of Deeds of the county in which the structure is located.  

(h)   Additional powers of the Building Official - The Building Official shall exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this article, including the following powers in addition to others herein granted:

(1)   To investigate the condition of structures in the City of Lake Quivira, Kansas in order to determine which structures therein are unfit for human habitation or occupancy or use;

(2)   To administer oaths, affirmations, examine witnesses and receive evidence;

(3)   To enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession and provided that any entrance without the permission of the occupant shall be consistent with the right of the owners and occupants. Where appropriate, a court order may be sought to permit entry;

(4)   To appoint and fix the duties of officers and employees to carry out the purposes of this code.

(i)    Standards - The Building Official may determine that a building is unfit for human occupancy if he or she finds that conditions are dangerous or injurious to health or safety; including fire hazards, danger of accidents, lack of adequate ventilation, light or sanitary facilities, disrepair, structural defects or uncleanliness.

(j)    Emergencies - The Building Official may take immediate action to prevent possible injury, damage to health of death, in an emergency, without previous notice. Such action may include evacuation of a structure or emergency repair. The owners and occupants of the building shall be notified as soon as possible of such emergency action.

(Ord. 161; Code 2022)

Any violation of this article shall be deemed a Class B offense and any person, firm, corporation or other entity convicted of such violation shall be punished by a fine not exceeding five hundred dollars ($500.00) for each offense. Each day’s violation shall constitute a separate offense.

(Ord. 161; Code 2022)