8-601 Findings of governing body.
The governing body finds that abandoned, junked, wrecked, or dismantled mobile homes or trailers not permanently affixed to real property affect the health, safety, and general welfare of citizens of the city because they:
(a)Serve as breeding ground for flies, rats, insects, and other pests and rodents;
(b)Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, and unsecure structures;
(c)Pose a fire, environmental, health hazard.
(d)Encourage pilfering and theft;
(e)Constitute a blighting influence upon the area in which they are located.
(Ord. 2025-07)
8-602 Definitions.
As used in this Article, unless the context clearly indicates otherwise:
(a)Mobile Home — means any structure, transportable in one or more sections, which is titled as personal property through the Kansas Department of Revenue and is designed to be used as a dwelling with or without a permanent foundation.
(b)Nuisance Mobile Home — means a mobile home which:
(1)Is uninhabitable due to structural, electrical, or sanitary deficiencies;
(2)Is abandoned, dilapidated, or unsecured;
(3)Poses a fire, environmental, or public health hazard;
(4)Is visibly deteriorated to the extent it creates blight or attracts vermin;
(5)Is otherwise dangerous to the safety of the community.
(Ord. 2025-07)
8-603 Nuisances unlawful; defined; exceptions.
(a)It shall be unlawful to maintain or permit a nuisance mobile home within the City limits. The presence of such a unit is hereby declared a public nuisance.
(b)The provisions of this article shall not apply to: ________.
(Ord. 2025-07)
8-604 Public officer; complaints; right of entry.
(a)The City Administrator shall designate a public office to be charged with the administration and enforcement of this article.
(b)The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist by the board of health, chief of police, or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection, the public officer shall make a written report of findings.
(c)The public officer designated by the City Administrator has the right of access and entry upon private property at any reasonable time for the purpose of making inquire and inspection to determine if a nuisance exists.
(Ord. 2025-07)
8-605 Notice and order of violation; same; contents; right to appeal.
(a)If a mobile home is found to constitute a nuisance in violation of Section 8-603, written notice stating the violation shall be served by certified mail, return receipt requested, to:
(1)The titled owner of the mobile home, any agent of the titled owner, or any other person, corporation, partnership, or association found by the public officer to be in violation of Section 8-603;
(2)The owner of the real property on which the mobile home is situated; and
(3)Any known lienholders. It shall be unlawful to maintain or permit a nuisance mobile home within the City limits. The presence of such a unit is hereby declared a public nuisance.
(b)The notice shall contain:
(1)A description of the mobile home;
(2)Factual basis for the nuisance determination;
(3)A directive to abate the nuisance within 30 days, either by repair, relocation, or removal;
(4)The date, time, and location of an opportunity for hearing before the governing body or designated hearing officer.
(c)If the notice pursuant to Section 8-605(a) was not accepted by the owner or otherwise the owner failed to effectuate receipt of notice during the preceding 60 days period, the Governing Body of the city may provide notice as required by this section by such other methods including, but not limited to, door hangers, personal notification, telephone communication, or first class mail. If the owner is unoccupied or the owner is a nonresident, notice provided by this section shall be by telephone communication or first-class mail.
(d)The owner or anyone found by the public officer to be in violation of Section 8-603 shall be entitled to a hearing to contest the notice before enforcement proceeds.
(Ord. 2025-07)
8-606 Failure to comply; penalty.
(a)Should the person served notice of violation fail to comply with the order to abate the nuisance or does not prevail at hearing, the public officer may file a complaint in the municipal court of the city against such person and upon conviction for any violation or provisions of this article be fined in an amount not to exceed $500 for each violation. Each day the nuisance persists constitutes a separate offense, subject to a fine.
(Ord. 2025-07)
8-607 Abatement and removal.
(a)Should the person served notice of violation fail to comply with the order to abate the nuisance or does not prevail at hearing, in addition to, or as an alternative to prosecution as provided in Section 8-606, 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 violations after ten (10 days of proposed resolution passage.
(b)The resolution shall further provide that the costs incurred by the city shall be charged against the owner of the mobile home, or the owner of the lot or parcel of real property where the nuisance was located. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(1)Personal service upon the person in violation;
(2)Service by certified mail, return receipt requested;
(3)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.
(4)If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding sixty (60) day period, the Governing Body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or 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.
(Ord. 2025-07)
8-608 Emergency Action.
(a)If a nuisance mobile home is found by the public office to prevent an imminent danger to life, health, or safety, the public officer or any other agent of the city, may act immediately to abate the hazard without prior notice.
(b)Should the city need to take emergency action, notice pursuant to this Section shall follow as soon as practicable following the emergency abatement.
(Ord. 2025-07)
8-609 Title retention; exceptions.
(a)The owner of any real property on which a mobile home is situated shall make reasonable efforts to obtain and retain records of all titled owners to the mobile home and any liens on the mobile home.
(b)The owner of any real property shall be excused from the requirement to retain records of titles and liens, if presented to the public officer appointed in Section 8-604 evidence that no title was ever issued for the mobile home situated on the owner’s property.
(Ord. 2025-07)
8-610 Costs assessed.
If the city abates or removes the nuisance pursuant to Section 8-607 or 8-608, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within thirty (30) days following receipt of the notice. The city may also recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of the removal or abatement is not paid within the thirty (30) day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.
(Ord. 2025-07)
8-611 Hearing.
Any hearing necessary pursuant to this Article shall be held by the Governing Body or its designated representative as soon as possible after the Notice and Order of Violation pursuant to Section 8-605, 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 or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the Governing Body or its designated representative shall be prepared in resolution form, adopted by the Governing Body, and the resolution shall be served upon the person in the matter as provided in this Article.
(Ord. 2025-07)