Article 3. Nuisances
9.3.1. Purpose.
It is the specific purpose of this Article to identify nuisances and provide a means to address situations which negatively impact the health, safety and welfare of the community.
9.3.2. Nuisances defined.
It is unlawful for any person to maintain, or to permit to exist, any nuisance as herein described:
A. Unsecured structures;
B. Minor auxiliary or accessory buildings or structures such as privies, sheds, barns, garages, tool houses, vacant houses, or commercial structures which have become so dilapidated and deteriorated as to result in a potential accident hazard, to provide rat harborage, to create an attractive nuisance for children or to be offensive to the senses;
C. Dead animals not removed within twenty-four hours of death;
D. Domestic animals which are maintained so as to cause discomfort to occupants of other premises by reason of offensive odors, insects or infestations, rodents, noise, non- confinement, or safety hazards;
E. Stagnant ponds or pools of water, or discharged or accumulated waste water or sanitary sewage, including septic tank cleaning, that is not managed or disposed of in conformance with the Municipal Code of the City of Bel Aire, Kansas;
F. Open basement structures, excavations, storm cellars, industrial tanks, or other excavations or structures that collect water or produce mosquito infestation or that create health or safety hazards to children or ether persons, specifically exempting those excavations authorized by a current building permit and those excavations in use as part of occupied premises if maintained with adequate drainage and fencing consisting of material recognized for the purpose and having openings not larger than two inches in the least dimension;
G. Refuse not stored or properly confined and regularly disposed of in a manner approved by the Enforcing Officer. Proper storage of refuse shall consist of water-tight, fly-tight containers with fly-tight covers. Disposal of such refuse will be made on a weekly basis or as often as required in order to prevent the creation of a nuisance;
H. Salvage material, junk, bulky waste, appliances or other material on residential premises or vacant lots in residential areas, except as provided in this Article;
I. Unused, unattended, unsecured, damaged, or abandoned items found or located upon any street, avenue, alley, sidewalk, park or public or private enclosure or lot, whether vacant or occupied, including, such items to include but shall not be limited to, iceboxes, refrigerators, freezers, washers, dryers, dishwashers, hot water heaters or similar devices or equipment, or signs;
J. Interior furniture or appliances stored, maintained or used on the exterior of a dwelling or dwelling unit which is unsecured, or so dilapidated and deteriorated as to be a potential accident hazard, a harborage for insects, rodents or vermin or which emits offensive odors;
K. Dead, or diseased, or broken trees or branches thereof, which have become dangerous, or which are likely to become dangerous to the public safety, or to the occupants of or property on private premises;
L. All grass, weeds or other unsightly vegetation not commonly used for ornamental purposes or not normally cultivated or grown for commercial or domestic use;
M. Any place, structure or substance which emits or causes to be emitted any offensive, disagreeable, noxious or nauseous odors;
N. 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; or,
O. Any act or failure to act that causes or permits a condition to exist which injures or endangers the public health, safety or welfare.
9.3.3. Storage of building and construction materials.
No owner of occupant of any dwelling shall store building or constructions materials upon any premises abutting a residential lot, except that any such materials for use for properly authorized construction projects occurring on such premises may be stored on such property for no more than one hundred eighty (180) days.
(Ord. 27)
9.3.4. Extermination.
Every owner or tenant shall be responsible for the extermination of any insects, rodents or other vermin upon the premises.
(Ord. 27)
9.3.5. Salvage yards.
All salvage yards shall be located in accordance with the City Zoning Regulations. All rackable salvage materials shall be stored on racks or in bins with at least eighteen (18) inches of clearance between the bottom of the rack or bin and the ground and a width of forty-eight (48) inches or less. No rack or bin shall be closer than forty-eight (48) inches to a wall, fence or adjacent bin or rack. Non-rackable materials shall be stored with an exposed perimeter or in a manner specified by the Enforcing Officer to prevent rodent harborage and breeding. All ground surfaces except lawn areas shall be kept free of all grasses and weeds using soil sterilants, herbicides, and/or ether effective methods. An effective, continuous rodent poisoning using anticoagulants rodenticides or other effective methods shall be maintained at all salvage yards. Each salvage yards shall provide a site screening plan to the Enforcing Officer and shall implement said approved plan prior to occupancy.
(Ord. 27)
9.3.6. Discharge into right-of-way.
It is hereby declared a nuisance to deposit upon, discharge onto, or allow to run into or upon any street, avenue, sidewalk, or other public right-of-way, without prior written permission from the City of Bel Aire, any of the following:
A. Discharge from a sump pump or other drain which allows the deposit of sediment and/or organic growth, creating a hazard within any street, avenue, sidewalk, or other right- of-way;
B. Any water or waste containing free, floating or insoluble oil; or
C. Any gasoline, benzine, naphtha, fuel oil, mineral oil, or other flammable or explosive liquid, solid, or gas.
(Ord. 260)
9.3.7. Notice, costs, and enforcement.
Notice, Costs, and Enforcement shall be pursuant to Article 1 of this Chapter unless otherwise stated within this Article.