Resolution 10-20-04 (a)

RESOLUTION 10-20-04 (a)

A RESOLUTION OF THE BOARD OF DIRECTORS OF THE

OAKLAWN IMPROVEMENT DISTRICT AMENDING AND

REPEALING RESOLUTION NO. 12-03-03 PERTAINING TO

SECUING THE GENERAL HEALTH OF THE OAKLAWN

IMPROVEMENT DISTRICT BY PROVIDING FOR THE

PREVENTION, ABATEMENT AND REMOVAL OF NUISANCES.

WITNESSETH:

WHEREAS, the Oaklawn Improvement District (the "District") is an improvement

District that operates and exists under the Improvement District Act (K.S.A. 19-2753, et seg.); and

WHEREAS, nuisances that effect the health, safety and welfare of the citizens of the District exist on certain properties within the District; and

WHEREAS, the Board of Directors of the District (the "Board of Directors") desire, in order to serve the general health and welfare of the citizens of the District, that such nuisances be removed and abated; and

WHEREAS, the Board of Directors also desire that the District should have the

power to remove and abate any nuisances that occur on property within the District in the

future; and

WHEREAS, K.S.A. 19-2765 gives the District the authority to abate and remove

Nuisances from private property within the District; and

WHEREAS, K.S.A. 19-2765, as amended, requires that before the District

removes or abates a nuisance that the District adopt a resolution that provides for such.

NOW, THEREFORE, be it resolved by the Board of Directors of the District as

follows:

ARTICLE I. FINDINGS AND PURPOSE

1.01 Findings. The Board of Directors has determined that there exists upon certain

properties within the District, conditions that constitute nuisances that detrimentally effect the public health, safety and welfare of the citizens of the District. The Board of

Directors has determined that it is in the public interest for the Board of Directors to adopt this Resolution pursuant to authority granted by the state statue under K.S.A. 19-

2765 that defines what constitutes a nuisance and provides for the abatement of nuisances

within the borders of improvement districts.

(1)

1.02 Purpose. The purpose of this Resolution is to protect, preserve, upgrade, and

regulate the environmental quality of the District by outlining and defining conditions which constitute nuisances that are injurious to the health, safety, welfare or aesthetic

characteristics of neighborhoods of the District, and for the purpose of providing the

administration and enforcement thereof.

ARTICLE II. HEALTH NUISANCES

2.01 Nuisance Defined. For the purpose of this Resolution, "Nuisance" is defined to

mean, without limitation, any of the following conditions found to exist on private

Property:

(a) Filth, excrement, lumber, trash, papers, cartons, boxes, barrels, wood,

excelsior, tires, furniture, bedding, rags, leaves, yard trimmings and tree branches,

rocks, cans, wire, tin, glass, crockery, plastics, mineral matter, ashes, clinkers, street

rubbish and sweepings and/or other such similar items;

(b) Any place or structure or substance which emits or causes any offensive

disagreeable or nauseous odors;

(c) Weeds and indigenous grasses that because of height, have a blighting

influence on the neighborhood. Any such weeds and indigenous grasses shall be

presumed to be blighting if they exceed twelve inches in height. In addition, weeds

which are located in any area which harbors rats, insects, animals, reptiles or any

other creature which either may or does constitute a menace to the health, public

safety or welfare; and weeds and indigenous grasses which obtain such large growth

as to become, when dry, a fire menace to adjacent improved property:

(d) Any man made container that contains stagnant water, e.g. swimming

pools, etc;

(e) Abandoned iceboxes, refrigerators, washers, dryers, dishwashers,

televisions, sinks, lawnmowers, water heaters or other such items left outside for more

than ten (10) days, kept under the control of any person, or any item listed in this

subsection (e) not in actual use;

(f) All articles or things whatsoever caused, kept, maintained or permitted by

any person to injury, annoyance or inconvenience of the public or of any neighborhood,

i.e., floor coverings, sofas, dining tables or other household items left outside for more

than ten (10) days;

(g) Salvage material or industrial material, commercial material on any

residential areas, except building materials to be used within ninety (90) days for

construction on the premises; or

(2)

(h) Abandoned structures which have become so dilapidated and deteriorated

as to be a potential accident hazard, rodent harborage, attractive nuisance to children,

and/or are offensive to the senses.

(i) (1) Abandoned vehicles which is a vehicle that is in a condition of being

junked, wrecked, wholly or particularly dismantled, discarded, abandoned or is unusable

to perform the function or purpose for which it was originally constructed. Any one of

the following conditions shall raise the presumption that a vehicle is an abandoned vehicle:

(A) Absence of a current registration plate upon the vehicle;

(B) Placement of the vehicle or parts thereof upon jacks, blocks, or other

supports;

(C) Absence of one or more parts of he vehicle necessary for the lawful

operation of the vehicle upon the street or highway.

(2) A vehicle is not an abandoned vehicle if:

(A) It is enclosed in a garage or other storage building

(B) The vehicle is being stored on property in connection with a

person conducting a business enterprise in non-residential

zoned property that is being operated in compliance with

existing zoning regulations.

(3) For the purpose of this Resolution, vehicle means, without limitation,

any automobile, truck, tractor, or motorcycle which is originally built containing

an engine, regardless of whether it contains an engine at any other time.

2.02 Public Officer. The Board of Directors of the District shall designate a Public

Officer to be charged with the administration and enforcement of this Resolution.

2.03 Complaints; Inquiry and Inspection. The Public Officer may make such inquiry

and inspection when he or she observes conditions on private property which appear to

constitute a nuisance(s). If upon making any inquiry and inspection, the Public Officer

finds that a nuisance(s) exists on private property then the Public Officer shall make a

written report of findings and shall provide such report to the Board of Directors.

2.04 Findings and Notice.

(a) The Board of Directors, upon receiving a written report from the Public Officer that a nuisance(s) exists on private property, shall based upon the written report make a preliminary determination as to whether a nuisance(s)

exists.

(3)

(b) If a preliminary determination is made that a nuisance(s) exists then the

owner of the property shall be served a Notice of Violation. The notice

Shall be served by certified mail, postage prepaid, return receipt requested or

the notice may be personally served. Such notice shall be served by the

Secretary of the Board of Directors. If service can not be made by certified

mail or personally served, then notice published once in the official news-

paper of the District shall be deemed to be sufficient notice.

2.05 Same; Contents. The notice shall state the condition(s) which constitutes the

nuisance(s). The notice shall also inform the owner(s) of that property that:

(a) He, she, it or they have 10 days from the date of serving the notice to abate

nuisance(s) described in the notice; or

(b) He, she, it or they have 10 days from the date of serving the notice to request

a hearing before the Board of Directors as provided by Article II, 2.06. The

abatement of the nuisance(s) upon the filing of such request shall be stayed

during the period the matter is pending before the Board of Directors.

2.06 Hearing. Request for hearing before the Board of Directors shall be made in

writing. The Board of Directors, upon receiving a request for a hearing, shall set the time

and place for the hearing to be held. At the hearing the person requesting hearing may be represented by legal counsel, and the person and the District may introduce such witnesses and evidence as both deem necessary and proper. The hearing need not be con-

ducted according to the formal rules of evidence, but shall be conducted in a fair and

impartial manner. Upon conclusion of the hearing the Board of Directors shall adopt a

resolution of the findings and conclusions regarding whether a nuisance(s) exists on the

property in question.

2.07 Right to Appeal Decision. If, following the hearing, a determination is made by the Board of Directors that a nuisance(s) does exist, then the owner(s) of the property has the right to appeal the Board’s decision to the Sedgwick County District Court within thirty (30) days of the decision pursuant to K.S.A. 60-2101 (d).

2.08 Abatement. The Public Officer may go upon private property to abate a nuisance(s) under the following circumstances:

(a) If the owner(s) of the property to whom a notice was served has neither

abated the nuisance(s) nor requested a hearing before the Board of Directors

within (10) days of being served notice to abate a nuisance(s), then the Public

Officer may proceed to abate the nuisance(s) described in the notice. Failure

on the part of the owner(s) of the property to timely file an appeal to the

Board of Directors shall constitute a waiver of the owner(s) of the property’s

(4)

right to contest the preliminary determination of the Board of Directors that a

nuisance(s) exists on the property.

(b) If a person to whom notice has been served requests a hearing before the

Board of Directors and if upon such hearing the Board of Directors

determines that a nuisance(s) exists then the Public Officer may, if

an appeal is not taken to the State District Court under K.S.A. 60-

2101(d) within 30 days of such determination, proceed to abate the

nuisance(s) found to exist by the Board of Directors at such hearing.

(c) If an appeal is taken under K.S.A. 60-2101(d) then the Public Officer

may proceed to abate the nuisance(s) if a final determination is made

in a court proceeding that affirms the Board of Directors’ determination

of the existence of a nuisance(s).

2.09 Costs Assessed. If the Public Officer abates the nuisance(s) then the costs

of abating the nuisance(s) shall be billed to the owner of record. If the owner of record

does not pay the bill then the clerk of the district, at the time of certifying other taxes

to the County Clerk, shall certify the costs to the County Clerk for the purpose of the

County Clerk placing the same on the tax rolls in a manner that such will be collected

by the County Treasurer and paid to the district as other taxes are collected and paid.

2.10 Determination of Costs. Costs for the abatement and removal of any nuisance(s)

shall be as follows:

(a) If the nuisance(s) is abated by a third party, the costs will be the actual costs

to the district;

(b) If the district employees abated the nuisance(s), then the cost assessed shall

be an amount per hour or per lot, whichever is greater, which are set by the

Board of Directors of the district and are from time to time adjusted, plus;

(c) Attorney fees incurred by the district to initiate and prosecute injunctions in

Sedgwick County District Court to enforce removal of nuisances found to

exist under this resolution.

(d) An administrative fee which is set by the Board of Directors of the district

and which is from time to time adjusted.

2.11 Disposition of Vehicle. Vehicles may be abated by towing them from the prop-

erty. Whenever any vehicle is towed under the provisions of this Resolution, disposition

of this vehicle shall be in compliance with procedures for impoundment, notice and

public auction as set forth in K.S.A. 8-1102(a)(2) and amendments thereto.

2.12 Injunction. As an alternative and in lieu of abating a nuisance under this

Resolution and under K.S.A. 19-2766(a), the Board of Directors may initiate in the Sedgwick County District Court an injunction to enforce removal of nuisances found to exist under the Resolution.

ARTICLE III. REPEAL OF RESOLUTION

(5)

3.10 Repeal. Oaklawn Improvement District Resolution No. 12-03-03 is hereby

repealed.

ADOPTED AND APPROVED by the Board of Directors of the District this 20th

Day of October, 2004.

OAKLAWN IMPROVEMENT DISTRICT

Andree Sisco - President

Don Winton - Secretary

Dwight Ritter - Treasurer

(6)