Article 6. Enforcement; Penalties; Severability

14.6.1.     Enforcement officers; jurisdiction.

Enforcement of this Code within the boundaries of the City shall be by the Director, Building Inspector, or other designated code enforcement official(s) of the City (enforcing officer), and jurisdiction for prosecution of any violations of this code shall be in the Bel Aire Municipal Court.

14.6.2.     Right of entry.

The enforcing officer, and/or service agent contracted by the City, are hereby authorized to enter upon private property at all reasonable hours for the purpose of enforcing the provisions of this Chapter.

14.6.3.     Unlawful interference.

It shall be unlawful for any person to interfere or attempt to interfere with, or to prevent or attempt to prevent, the enforcing officer, and/or the service agent, from entering upon any property in association with carrying out the duties of enforcing this Chapter, or from accomplishing any other lawful purpose of this Chapter. Any person violating this section shall be guilty of a violation of this Section.

14.6.4.     Enforcement; enforcement actions not exclusive.

Violation of any provision of this Chapter may result in discontinuance of water service in conformance with the provisions set forth within Chapter 16 of this Code. Upon failure of the owner or agent to have the defect corrected by the end of the time provided within the notice, the enforcing officer may, if in the enforcing officer’s judgment an imminent health hazard exists, cause the water service to the building or premises to be disconnected. All regular water disconnect/reconnect fees and provisions shall apply.

Violation of any provision of this Chapter is grounds for prosecution of the property owner, resident, account holder, permit holder, or any other responsible party.

The prosecution and/or imposition of the penalties herein prescribed shall not preclude the City from instituting an appropriate action to restrain, correct, or abate a violation of this Chapter as a civil or administrative action, and specific authority for such is hereby granted to take any action or impose any penalty allowed by the State law, this Chapter or any provision of this Code.

Violation of those sections of this Chapter associated with the installation, permitting, connection, or tap-on to the water system, is grounds for immediate revocation of an occupancy permit by the City.

14.6.5.     Notice of violations.

Notice of violation means a written notice provided to the owner, occupant or contractor associated with the property detailing any violations of this Chapter and any corrective action required. Such notices shall:

Be in writing;

Particularize the violations alleged to exist or to have been committed;

Provide a reasonable time for the correction of the violations particularized;

Be served upon the owner, and the occupant or contractor as applicable, of the premises by one or more of the following methods of service: personal service upon a resident of the property of lawful age, posting upon the property, door hanger, regular and/or registered mail, or publication. Non- resident owners shall be notified by registered mail, return receipt requested, and by separate letter sent by regular mail.

Notwithstanding any other provision of this Chapter or of law, any and all notices required by this Chapter which may be served upon tenants shall also be served upon the record owner of title to the property. Should there occur a change in the record owner of title to property subsequent to the giving of notice pursuant to this section, the City may not recover any costs of abatement or levy an assessment for costs of abatement unless the new record owner of title to such property has been provided notice as required by this Chapter, which may include notice of assessment filed with the appropriate agencies of Sedgwick County. Additionally, notices under this Chapter may be sent to prospective purchasers associated with any property in violation of this Chapter which is under a pending contract.

14.6.6.     Administrative hearing/review.

Any person wishing to contest the notice to correct a violation has the right to an administrative review by the City Manager. Such review must be requested in writing and the request must be received at the office of the City Clerk, no later than three (3) working days prior to the deadline for correction. The form of the administrative review shall typically be a review of all written documentation submitted by the party requesting such review, and all documentation maintained by the Code Enforcement Officer. When appropriate, the City Manager may request that the parties meet informally to provide oral testimony to supplement such written information. Such meeting need not conform to any rules of judicial hearings.

The decision of the City Manager shall be final and any further appeal of such decision shall be to the Eighteenth Judicial District Court of the state of Kansas by way of the provisions of K.S.A. 60-2101(d).

(Ord. 292)

14.6.7.     Uniform complaint and notice to appear.

In addition to the notice provided for in section 16.5.5, the enforcing officer may commence prosecution of such violation by issuing to the owner, occupant or agent in charge of the property a uniform complaint and notice to appear charging a violation of any section of this Chapter.

14.6.8.     Violations, penalties.

Penalties associated with conviction of violation of any provision of this Chapter shall be in accordance with the general penalty provisions of this Code, unless a specific penalty provision shall have been made applicable to any specific section of this Chapter.

Each day of violation shall constitute a separate offense.

14.6.9.     Abatement; assessment of costs.

If within five (5) days after receipt of the notice required by Section 16.6.5, or any other provision of this Chapter, the owner, occupant or agent in charge of the premises neglects or fails to comply with the directives contained in the notice, and such owner, occupant, or agent in charge fails to timely file a request for administrative review as provided in section 16.6.6, the enforcing officer may abate any violation, when such code enforcement officer deems the immediate abatement necessary to protect the health, safety, and welfare of any individual, property, or the community. The City and/or any authorized contractor shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property. If the property owner is a nonresident, abatement shall take place either five days following the date of receipt provided on the return receipt of mailing, or ten days following the date of publication in the City’s newspaper, whichever date is first.

The costs incurred by the City for any action undertaken by the enforcing officer pursuant to or incidental to this section of this Chapter 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 Chapter. The city clerk shall immediately cause the reporting and accounting required by this section to be entered in the appropriate city record and shall report the same to the governing body.

The city clerk shall, within ten (10) days of receipt of the enforcing officer’s report of costs, give notice by restricted mail to the owner, occupant or agent in charge of the property of the costs required to be reported by subsection B 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 such notice. Should the owner, occupant or agent in charge of the property refuse to take delivery of the notice and return is made to the City indicating such refusal, the city clerk shall send to the owner, occupant or agent in charge of the property, by first class mail, the notice previously sent and receipt by the owner, occupant or agent in charge of the property 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.

Should the costs remain unpaid after thirty (30) days of receipt of the notice provided for in this Chapter, the city clerk shall, at the time required by law for certification of other city taxes, certify the unpaid portion of said costs to the Sedgwick County Clerk for extension of the same on the county tax rolls against the property upon which the weeds were located.

In addition to levying a special assessment against the property upon which the violation(s) was/were located as provided for in this section, the City may also elect to collect the unpaid portion of the costs provided for in 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 special assessment, but only until such time as the full costs and any applicable interest has been paid in full.

14.6.10.     Authorization to contract for services.

In the event the owner, occupant or owner’s agent fails to comply as set forth in this article and it becomes necessary for the enforcing officer to remove and abate the violation(s), such officer is hereby authorized to contract with a service agent for and obtain such services and equipment, public or private, as the enforcing officer deems necessary and appropriate to complete the tasks enumerated herein, and the enforcing officer shall adhere to and comply with all applicable laws, regulations, ordinances and city policies concerning the procurement of services.

14.6.11.     Liability.

Requirements of this Chapter shall not be construed as imposing on the City, its officers, agents, or employees, any liability or responsibility for any damages to any property or any injury to any person due to defective installation or any other reason.

14.6.12.     Severability.

If any section, subsection, sentence, clause, phrase, or portion of this Chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof.