City of Troy, Kansas                                  Created Jan 14, 2011

                                              CITY OF TROY, KANSAS

                                                 ORDINANCE NO. 711

AN ORDINANCE RELATING TO THE CUTTING/REMOVAL OF TALL GRASS, WEEDS, BRUSH, TREES AND OTHER VEGETATION; PROVIDING FOR THE REMOVAL OF LUMBER AND BOARDS NOT SAFELY STACKED, JUNKED OR DISCARDED VEHICLES, MACHINERY, EQUIPMENT, APPLIANCES, AND MISCELLANEOUS TRASH AND REFUSE; PROVIDING FOR REMEDIAL ACTION REGARDING THE AFORESAID TO BE TAKEN BY THE CITY OF TROY, KANSAS; PROVIDING FOR A PENALTY FOR FAILURE TO COMPLY WITH THE CITY’S DEMAND FOR THE CUTTING/REMOVAL OF THE ABOVE REFERENCED VEGETATION AND/OR FOR THE REMOVAL OF LUMBER AND BOARDS NOT SAFELY STACKED, JUNKED OR DISCARDED VEHICLES, MACHINERY, EQUIPMENT, APPLIANCES, TRASH AND REFUSE; AUTHORIZING THE ASSESSMENT AND COLLECTION OF COSTS; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF TROY, KANSAS:

SECTION 1: FINDINGS OF THE GOVERNING BODY.  The governing body of the City of Troy, Kansas, hereby finds that from time to time there exists on lots and parcels of land within the city certain nuisances, including uncut grass, weeds, brush, tree (growing and dead) and other vegetation; and that there is also, from time to time, on lots and parcels of ground within the city lumber and boards not safely stacked, junked or discarded vehicles, machinery, equipment, appliances, trash and refuse, all of which constitutes a menace and danger to the health and safety of the inhabitants of the City of Troy, Kansas, for the reason and said nuisances serve as breeding grounds for insects, rodents, reptile and other vermin and otherwise present a danger to the health and safety of inhabitants of the City of Troy, particularly children.

SECTION 2: PROHIBITIONS.  It is unlawful for any owner, agent, lessee, tenant or other person occupying or having charge or control over any premises to permit the existence of any nuisance, as said term is hereinafter defined, upon said premises.

SECTION 3: DEFINITIONS. 

            (a)        A nuisance, as that term is used in this ordinance, is any of the above referenced things or any combination thereof which have a blighting effect upon the City of Troy or create a menace and danger to the health and safety of the inhabitants of the City of Troy or any neighborhood, family or resident of the City.  The existence of any of the following upon lots or parcels of ground within the city shall raise the presumption that the same constitute a nuisance, to wit: uncut grass, weeds, brush, trees (growing and dead) and other untended vegetation, lumber and boards not safely stacked, junked or discarded vehicles, machinery, equipment, appliances, trash and refuse. 

            (b)       Calendar year as used herein means that period of time beginning January 1 and December 31 the same year.

SECTION 4: PUBLIC OFFICER; NOTICE TO REMOVE.  The Chief of Police of the City of Troy, Kansas, is hereby designated as the officer charged with the administration and enforcement of this ordinance.  The Chief of Police or some other person authorized by the Chief of Police shall notify the owner or his agent in charge of any premises in the City upon which a nuisance exists in violation of this ordinance, by restricted mail or by personal service once per calendar year.  Such notice shall include the following:

            (a)        That the owner or his or her agent in charge of the property is in violation of this ordinance, specifically stating the nature of said violation;

            (b)        That the owner or his or her agent or person in charge of the property is ordered to abate the nuisance within ten (10) days of the receipt of notice;

            (c)        That the owner of his or her agent in charge of the property may request a hearing before the governing body or its designated representative within five (5) days of the receipt of notice;

            (d)       That if the owner or his or her agent in charge of the property does not abate the nuisance within the above referenced ten (10) day period, the City of Troy or its authorized agent may abate the same, assess all costs associated therewith, including a reasonable administrative cost, against the owner or his or her agent in charge of the property.

(e)        That the owner or his or her agent in charge of the property will be given an opportunity to pay the assessment, and, if such is not paid, it will be added to the property tax on such property as a special assessment;

(f)        That for the remainder of the current calendar year no further notice is required or shall be given prior to the city abating a nuisance exiting on the property described in the notice given;

            (g)        That the Chief of Police should be contacted if there are any questions regarding the order.

            If the owner or his or her agent in charge of the property cannot be served in the manner above provided, service may be made by publishing one notice in The Kansas Chief, the official city newspaper.  If notice is by publication, the owner or his or her agent in charge of the property will be ordered to abate the nuance within ten (10) days from the date of publication.

SECTION 5: ABATEMENT; ASSESSMENT OF COSTS. 

            (a)        Upon the expiration of ten (10) days after publication or other service of the notice required by Section 4 above, and in the event that the owner or his or her agent in charge of the premises shall neglect of fail to comply with the requirements of Section 1 then some person or entity appointed by the City of Troy shall take such steps as are reasonably necessary to abate the nuisance.

            (b)       The Chief of Police or some other person designated by him shall give notice to the owner or his or her agent in charge of such property by restricted mail regarding the costs of abatement of the nuisance.  The notice shall state that payment of said costs is due and payable within thirty (30) days following receipt of the notice regarding such.

            (c)        If the costs remain unpaid after thirty (30) days following receipt of notice, a record of the costs shall be certified by the City Clerk to the County Clerk as an assessment against the subject property to be included as part of the real estate tax on said property.

SECTION 6: RIGHT OF ENTRY.  The Chief of Police and the City’s employees, agents or other representatives are hereby expressly authorized to entry upon private property at any and all reasonable times for the purpose of abating nuisances in accord with this ordinance.

SECTION 7: UNLAWFUL INTERFERENCE.  It shall be unlawful for any person to interfere with or attempt to prevent the Chief of Police or any employee, agent or representative of the City of Troy from entering upon any piece of ground or from performing such work as is reasonably necessary to abate the nuisance upon said property.  Such interference shall constitute a misdemeanor offense for which the Court may, upon conviction, impose a jail sentence of up to thirty (30) days, a fine up to Five Hundred Dollars ($500.00) or any combination of said jail sentence and fine.

SECTION 8: EFFECTIVE DATE.  The terms and provisions of this ordinance shall be in full force and effect from and after its adoption and publication in The Kansas Chief. 

SECTION 9: REPEALER.  City of Troy Ordinance 545 and any other ordinances or parts thereof in conflict with the terms and provisions hereof are hereby repealed.

Passed by the Governing Body and approved by the Mayor of the City of Troy, Kansas, on the 4^th day of June, 2019.

______________________________________

Robert Jenkins, Mayor

(SEAL)

ATTEST:

_____________________________________

Jane M. Boeh, City Clerk