That all persons and entities owning property in the CITY OF THE HIGHLANDS, KANSAS including areas which lie adjacent to a public street or alley shall be maintained in a neat appearing manner and free of dead or diseased trees, fallen trees or branches, and noxious vegetation. This ordinance is adopted in conjunction with the International Council International Property Maintenance Code (IPMC) Section 301.3 and Section 302.

(K.S.A.12-3201; Ord. 2024-34)

(a)   Any person, corporation, partnership, association, owner, or occupant found by the public officer to be in violation of Section 8-201 above, or IPMC Section 301.3 or Section 302 shall be served a notice of such violation. The notice may be served by certified mail, return receipt requested, or by personal service.

(b)   Should such person, corporation, partnership, association, owner, or occupant fail to accept delivery or otherwise fail to effectuate receipt of a notice sent pursuant to this section during the preceding twenty-four month period, the governing body may provide notice of the issuance of any further orders to abate or remove a nuisance from such property in the manner provided by subsection (a) or as hereinafter provided: the governing body may provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication, or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first-class mail.

(K.S.A.12-3201; Ord. 2024-34)

The notice required by Section 2 above shall state the condition(s) which is (are) in violation of Section 8-201 above, or IPMC Section 301.3 or Section 302. The notice shall also inform the person, corporation, partnership or association that:

(a)   He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of Section 8-201 above, or IPMC Section 301.3 or Section 302; or

(b)   He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by Section 8-206 below;

(c)   Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 8-204 below and/or abatement of the condition(s) by the city as provided by Section 8-205 below.

(K.S.A.12-3201; Ord. 2024-34)

Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing the public officer may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of Section 8-201 above, or IPMC Section 301.3 or Section 302, be fined in an amount not to exceed $250 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(K.S.A.12-3201; Ord. 2024-34)

In addition to, or as an alternative to prosecution as provided in Section 8-204 above, the public officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to Section 8-203 above has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in Section 8-203(b) above, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in Section 8-207 below. A copy of the resolution shall be served upon the person in violation in one of ‘the following ways:

(a)   Personal service upon the person in violation;

(b)   Service by certified mail, return receipt requested; or

(c)   In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.

(K.S.A.12-3201; Ord. 2024-34)

If a hearing is requested within the 10-day period as provided in Section 8-203(b) above, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer before the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. The governing body may grant extensions of the 10-day period for abate if the owner or agent of the property demonstrates that due diligence is being exercised in abating the nuisance. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in Section 8-205 above.

(K.S.A.12-3201; Ord. 2024-34)

If a hearing is requested within the 10-day period as provided in Section 8-203(b) above, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer before the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. The governing body may grant extensions of the 10-day period for abate if the owner or agent of the property demonstrates that due diligence is being exercised in abating the nuisance. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in Section 8-205 above.

(K.S.A.12-3201; Ord. 2024-34)