There is hereby established a Board of Health of the City of Park City which shall be composed of the Mayor and two members of the City Council. The Mayor shall be chairman and the City Clerk shall act as secretary of the Board of Health. The City Council shall appoint such alternate members of the Board of Health as deemed necessary in order to assure that sufficient members are available to carry out the duties and responsibilities of the Board of Health. The members of the board shall serve without compensation.

(Ord. 906; Code 2021)

The board may adopt suitable rules governing the calling and holding of its meetings and the transaction of its affairs. Meetings may be held at any time upon the call of the chairman or in his absence of the vice chairman or secretary and a quorum to do business shall consist of two (2) members. The board may adopt such other regulations as may be authorized and required for the performance of its duties and to safeguard the health of the inhabitants of the City.

It shall be the duty of the Compliance officer to make, or cause to be made, inspections of all places and conditions within the jurisdiction of the board and deemed to be hazardous to the health of the inhabitants of the City and to serve such notices or orders as may be required or authorized by the Municipal Code of the City and the laws of Kansas to correct or remedy such conditions or to remove or abate any health nuisance in accordance with the order of the board. The Board shall issue all permits in accordance with its regulations adopted for the purpose and authorized by the Municipal Code. All actions of the Board of Health shall be reported in writing at the next regular meeting of the governing body of the City together with its recommendations.

Unless otherwise specified, the following terms as used in this chapter means as follows:

(a)   The Board of Health-means the Board as established in this Article or the duly authorized representative.

(b)   Calendar Year-means that period of time beginning January 1 and ending December 31 of the same year.

(c)   City-means the City of Park City, Kansas.

(d)   City Clerk-means the duly appointed City clerk of the City of Park City or his authorized representative.

(e)   Inoperable-means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned, or unable to perform the function or purpose for which it was originally constructed.

(f)    Person-means a natural person or a legal entity such as, but not limited to, an individual, firm, association, joint stock company, syndicate, partnership, or corporation.

(g)   Owner-means any person who, alone or jointly or severally with other:

(1)   shall have record legal title to any property or structure thereon with or without accompany actual possession thereof; or

(2)   shall have charge, care or control of any property or structure thereon as owner or agent of the owner, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.

(h)   Premises-means a lot, plot or parcel of land including structures located thereon.

(i)    Nuisance-means any condition which is injurious to health, or is a potential health hazard, or is indecent, or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood, or by a majority of persons subjected to the condition, such condition being no less a nuisance because the extent of the annoyance or damage is inflicted is unequal.

(j)    Salvage material-means materials of some value that are obtained from the disassembly of various kinds of machinery, mechanical appliance, and/or demolition of buildings or structures.

(k)   Salvage yards-means any premises used for:

(1)   Sale and resale of used merchandise; or

(2)   The disassembly of wrecked or used automobiles for the reuse and/or sale of automobile parts; or

(3)   The storage and/or resale of various kinds of metal and/or used building materials.

(l)    Rodents-means the so-called domestic rats, Rattus norvegicus, and Rattus rattus, and domestic mice, Mus musculus and wild native rodents associated with the transmission of disease or causing nuisance t man or other animals.

(m)  Insects-means the classes Insecta and Archnida of the Plylum Arthropoda including flies, mosquitoes, fleas, lice, cockroaches, bedbugs, plant bugs, mites, ticks, spiders, and scorpions.

(n)   Control measures-means any chemical, structural, physical procedures or processes designed to eradicate, minimize; prevent or otherwise limit the reproduction and/or infestation of insects and rodents detrimental to public health.

(o)   Water impoundments-are situations created by improper drainage or discharge obviously not existing for any benefit; not including a natural water course, artificial pond, or lake.

(p)   Waste water-means any water that is used for any purpose and then discharged on or from the premises where used.

(q)   Offensive odors-means any odor deemed annoying, nauseous, disagreeable, unwholesome or objectionable by a majority of individuals so exposed so as to interfere with the comfortable enjoyment of life or property, notwithstanding the fact that the degree of such annoyance, disagreeableness, nausea, unwholesomeness, or objectionableness may be unequal.

(r)    Refuse-means all putrescible and non-putrescible waste materials such as trash, debris, garbage, tree trimmings, grass cuttings, dead animals and solid industrial wastes but shall not include human or animal excrements.

(s)   Manure-means the body discharge of all animals except humans.

(t)    Human excreta-means the body discharge (both feces and urine) of humans.

(u)   Sanitary sewage-means a combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present.

(v)   Excessive noise-means any sound which, by nature if its intensity, duration or other characteristics, may be detrimental to the health of an individual, or may be deemed annoying or objectionable to a majority of individuals exposed to it so as to interfere with the comfortable enjoyment of life or property, notwithstanding the fact that the degree of such annoyance or objectionableness may be unequal.

(w)  Abandoned vehicle-means any motor vehicle to which the last registered record of owner thereof has relinquished all further dominion and control. Any vehicle which is wrecked or partially wrecked or dismantled or inoperative for a period of ten days shall in such case constituted a prima facie presumption that the last registered owner thereof has abandoned such vehicle regardless of whether the physical possession of such vehicle remains in technical custody or control of such owner.

(x)   Property-means any real property within the City which is not a street or highway.

(y)   Vehicle-means a machine propelled by power other than human power designed to travel along the ground by use of wheels, threads, runners or slides and transports persons or property or pull machinery and shall include without limitation an automobile, truck, trailer, motorcycle, tractor, buggy or wagon.

The City’s Compliance Officer(s) shall be responsible for the enforcement of this title and is hereby authorized to make such investigations, to issue notices, orders and directions as are necessary for the enforcement of the provisions of this title.

(Ord. 1066; Code 2021)

Whenever the City’s Compliance officer determines that there has been a violation of any provisions of this article, he shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. The City’s Compliance officer shall only be required to give notice to the responsible person or persons once each calendar year for a same or similar violation of any provisions of this title, with no written notice of violation being required to be given by said Compliance officer for a repeat violation of the same or similar type within the same calendar year. Such notices shall:

(a)   Be in writing;

(b)   Particularize the violations alleged to exist or to have been committed;

(c)   Include a description of the real estate sufficient for identification;

(d)   Provide a reasonable time for correction of the violation particularized;

(e)   Be addressed to and served upon the owner and/or occupant of the premises.

(f)    Notice requiring the removal of abandoned junk or dismantled vehicles from private property is to be made to the landowner or person in lawful possession upon which such vehicle is located, and the registered owner of any vehicle which is in violation of this title advising that the motor vehicle violates provisions of this title and directing that the vehicle be moved to a place of lawful storage within ten days or that within ten days the said vehicle be housed within a building.

In the event of a subsequent violation on the same private property, whether involving the same abandoned, junk, inoperable, or dismantled vehicle or one or more other similarly abandoned, junk, or dismantled vehicle(s) is located within any calendar year, and a prosecution for the violation of this section and of this title may proceed forthwith without further notice to the landowner or person in lawful possession of the private property upon which such vehicle is located, and the registered owner of any vehicle which is in violation of this title.

An attempt to serve written notice upon the registered owner at the last known address of record of the Department of Motor Vehicles is to be made as well as an attempt to serve written notice upon the landowner and/or occupant of record upon which such vehicle is located, provided that copies of such notice shall be conspicuously posted upon the premises.

(Ord. 1066; Code 2021)

Such notice shall be deemed properly served upon such owner, operator, or occupant, if a copy thereof is served upon him or her personally or if a copy thereof is sent by certified mail to his or her last known address. If notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the property affected by such notice and may be published once in the official City newspaper.

(Ord. 1066; Code 2021)

It is unlawful for any person to maintain or to permit to exist any nuisance as herein described. It shall be the responsibility of the owner, tenant, occupant or person in charge of any property on which there exists any nuisance as herein described to abate the same when given notice of its existence and a failure to do so shall constitute a violation of this title. The following conditions or materials are declared to be injurious to the health and well being of citizens of the City of Park City and are hereby declared to be nuisances.

(a)   Waste water discharged or allowed to accumulate in such a manner that it does or may allow direct human contact with human or animal excreta, organic or inorganic pollution of ground or surface water, breeding, harboring or attraction of insects and rodents, or the emission of offensive odors.

(b)   Dead animals except those at slaughterhouses and except those considered industrial refuse that are properly maintained for processing or disposal.

(c)   The discharge into the atmosphere of any gaseous or particulate matter resulting from the combustion, reduction, processing or manufacturing of materials in industrial or commercial operations which cause or may cause injury to the health of individuals, damage to business or property, cause annoyance to a majority of persons so subjected, or be considered an objectionable odor, or particulate emissions from a single source for a period or periods aggregating more than three minutes in any one hour which is of such opacity as to obscure an observer’s view to a degree equal to or greater than does a smoke as dark in shade as Ringlemann No. 2.

(d)   Open basement structures, excavations, swimming pools, storm cellars, or other excavations that offer hazards to children or other persons, collect water, or produce mosquitoes except 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 last dimension.

(e)   Weeds and Tall Grass: It shall be unlawful for any owner, agent, lessee, tenant or other person occupying or having charge or control of any premises to permit weeds or tall grass to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, right-of-way and all other areas, public or private. All weeds and tall grass as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided. “Weeds and Tall Grass” as used herein, mean any of the following:

(1)   Brush and woody vines;

(2)   Weeds and indigenous grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(3)   Weeds which bear or may bear seeds of a downy or wingy nature;

(4)   Vegetation which is located in an area which harbors rats, insects, animals, reptiles or any other creature which either may or does constitute a menace to health, public safety or welfare.

(5)   Vegetation and grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood. Any such growth shall be presumed to be blighting if they exceed 8 inches in height.

(6)   Vegetation as used herein, means any growth or product of the soil except a vegetable garden, ornamental flowers or shrubs, trees, grain or food crops, if kept and maintained free of weeds and grass over 8 inches in height.

(f)    Water impoundments, as defined in this Title capable of causing mosquito infestations.

(g)   Refuse not stored or disposed of as provided for herein:

(1)   Residential refuse: The occupant of each single family dwelling shall provide sufficient containers to store all residential refuse accumulated on such premises between weekly collections. The container shall be of such material and design as approved by the compliance officer and shall consist of thirty to thirty-five gallon plastic or metal containers with or without plastic bag liners or such other containers as approved by the compliance officer. Plastic bags may be used for yard wastes. Subject to the approval of the compliance officer, seventy (70) to one hundred eight (I 08) gallon containers on wheels with an attached lid which can be emptied mechanically into the solid waste collection vehicle may be used with the permission of the solid waste collector, and if used shall be placed by the occupant of the dwelling on the day of collection at a location designated by the solid waste collector.

All such residential trash produced on each single family dwelling premises shall be stored in the containers on the premises where produced and such thirty (30) to thirty-five (35) gallon containers located, on the day of collection for convenient access by the solid waste collector and limited to seventy-five pounds maximum weight per container. All such residential trash containers shall be water tight, rodent proof, fly proof, with lids or closures maintained in place.

(2)   Multi-Family dwellings: The owner of each occupied multi-family dwelling shall provide, for the use of the occupants, containers as required for single family dwellings of sufficient quantity to contain all residential trash produced on the premises between collection or in lieu of such containers shall provide a containerized unit of sufficient size to contain all residential refuse produced on the premises between collection. The owner of each multi-family dwelling shall be responsible for the refuse being in the containers and the condition and maintenance of the containers.

(3)   Apartments and mobile home parks: The owner of each apartment and mobile home park shall provide sufficient containers or containerized units to contain all of the residential refuse produced by the occupants of the premises between collection periods. Mobile home parks may provide individual thirty to thirty-five gallon containers for each mobile home and in such case shall provide weekly collection for each mobile home. The owner shall be responsible for the trash being in the containers and for the condition and maintenance of the containers.

(4)   Commercial refuse: Commercial refuse which is not disposed of through garbage grinders or by incinerators constructed and operated in accordance with the laws of the State of Kansas shall be stored on the premises where produced in containers approved by the compliance officer and which is liquid tight, fly tight, and closed by a liquid tight, fly tight cover. The occupancy of each premise producing commercial refuse shall arrange for all such stored commercial refuse to be collected by a solid waste collector at least two times each week or at more frequent intervals so as to prevent nuisances as determined by the compliance officer and transported and disposed of at a sanitary land fill or licensed processing facility.

(5)   Location of trash and/or trash carts: Except on the day before pickup until the day after pickup, trash, trash carts, trash containers, and/or other similarly describable containers shall not be in the front of the residence or business.

(h)   Sanitary sewage or waste water not managed or properly disposed of.

(i)    Salvage material, junk or other materials on residential and/or commercial lots and/or premises or vacant lots in residential areas except as provided for herein, except any business enterprise in compliance with existing zoning ordinance(s) allowing said materials.

(j)    Animal excretion not managed or disposed of.

(k)   Excessive noise resulting from industrial or commercial operations.

(l)    Minor auxiliary or accessory buildings or structures such as privies, sheds, barns, garages, tool houses and vacant houses and commercial structures which have become so dilapidated and deteriorated as to be a potential accident hazard, rat harborage, attractive nuisance to children or be offensive to the senses.

(Ord. 909; Ord. 964; Ord. 1066; Code 2021)

(a)   In addition to the remedy of prosecution and enforcement as provided in this title, the City is hereby authorized, empowered, and directed on proper notice as herein provided to abate or suppress any nuisance. If upon investigation the Compliance Officer determines that a nuisance exists, he or she shall after giving proper notice as herein provided to the owner, tenant, occupant or person in charge of the premises on which the nuisance is located and proceed to cause the nuisance to be abated or suppressed by enlisting the services of the director of the department of public works or private contractor and tax the cost thereof against the lot or tract of ground upon which the nuisance is located and maintained as provided by law. The cost of such abatement is to be certified to the City Clerk of the City after the nuisance has been abated or suppressed; provided further that the Compliance Officer shall charge the cost of removal of an abandoned vehicle as herein defined to the owner of the motor vehicle in violates of this article or as a tax against the real property on which the nuisance occurred. The City may thereafter maintain an action in the appropriate court against any person or persons upon whom notice was served as required by herein to recover the cost of removing or disposing of such motor vehicle in the event the cost of abatement is not assessed against the real property. The abatement of a nuisance under the direction of the City shall not be a defense or excuse to the owner of a vehicle or property for not conforming with the provisions of this title.

(b)   Upon the expiration of ten (10) days after service of the notice required above to abate any nuisance related to Weeds and Tall Grass for a premises which has received a similar notice at any time in the past calendar year and in the event that the owner, tenant, occupant or agent in charge of the premises shall neglect or fail to abate such nuisance, the Compliance Officer shall cause to be cut, destroyed and/or removed all such weeds and abate the nuisance created thereby.

(c)   The Compliance Officer shall give notice to the owner or agent in charge of such property by certified mail of the costs of abatement of the nuisance. The notice shall state that payment of the cost is due and payable within thirty (30) days following the date of the notice.

(d)   If the costs of removal or abatement remain unpaid after thirty (30) days following the date of the notice, a record of the costs of cutting and destruction and/or removal shall be certified to the city clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such weeds were so removed, and against such lots or pieces of land in front of or abutting on such street or alley on which such weeds were so removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spreading on the tax rolls of the County.

(Ord. 909; Ord. 1066; Code 2021)

The City’s Compliance Officer(s) is hereby authorized and directed to make inspections to determine the condition of premises and structures located within the City, in order that he or she may perform his or her duty of safeguarding the welfare and safety of the occupants of structures and of the general public and in order that he or she may identify and take steps to cause to be abated any and all nuisances that may exist in and around said premises and structures. For the purpose of making such inspection the Compliance Officer is hereby authorized to enter, examine, and survey at any reasonable time all premises and structures. The owner, operator, and occupant of every premises and structures shall give the Compliance Officer access to such premises and structures at all reasonable times for the purpose of such inspection. The failure to give such access to the Compliance Officer shall not be a violation of this article, and shall not be subject to the penalties set in this Article. Every tenant, occupant or person in charge of any premises and structures shall give the owner thereof, or his agent or employee, access to the same at all reasonable times for the purpose of allowing the making of such repairs or alterations or the doing of such work that are necessary to effect compliance with the provisions of this Article or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this article.

Notwithstanding anything to the contrary herein, the Compliance Officer shall at all times in making such inspection comply with federal and state laws, rules and regulations regarding going upon private property to make inspections, and the Compliance Officer shall make application to procure right of entry and inspection to a court of competent jurisdiction when such is required in order to comply with federal and state laws, rules and regulations.

(Ord. 1066; Code 2021)

It shall be unlawful for any person to interfere with or to attempt to prevent the Compliance Officer from entering upon any such lot or piece of ground or from proceeding with such identifying and abating of nuisances. Such interference shall constitute a misdemeanor.

(Ord. 1066; Code 2021)

(a)   Nothing in this code shall affect or impair the rights of the City under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

(b)   For the purpose of this section, the term noxious weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian Knapweed (Centaurea Picris), hoary cress (Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense).

(Ord. 513; Code 2006)

No owner occupant of any dwelling shall store salvage materials or junk materials on any residential premises or on vacant lots in residential areas. The owner and/or occupant shall keep premises free of litter, refuse, salvage material and junk, provided that building materials to be used within ninety days for construction on the premises, if properly authorized by a current building permit, may be kept if stored at least eighteen inches off the ground and not closer than forty-eight inches to a wall or fence provided the Board of health may approve a lesser distance.

All salvage yards shall be located on premises as provided for in the City zoning regulations. All rackable salvage materials shall be stored on racks on in bins with at least eighteen inches of clearance between the bottom of the rack or bin and the ground and a width of forty-eight inches to a wall, fence of adjacent bin or rack. Non-rackable materials shall be stored with an exposed perimeter or in a manner specified by the Board of Health to prevent rodent harborage and breeding. All ground surface except lawn areas shall be kept free of all grasses and weeds using soil sterilants, herbicides and/or other effective methods. An effective, continuous rodent poisoning, using anticoagulant rodenticides or other effective methods, shall be maintained at all salvage yards. Any person not complying with the provisions of the title shall be ineligible to receive a City license to conduct or carry on his business.

Every occupant of a single establishment shall be responsible for the extermination of any insects or rodents or other vermin therein or on the premises, wherever two or more occupants are in the same building, the owner or operator of the building shall be responsible for such extermination; notwithstanding the foregoing, whenever infestation is caused mainly by improper housekeeping, it shall be a joint responsibility of the owner and occupants to effect such extermination.

All premises in the City shall be maintained free of conditions that encourage or permit any unnecessary breeding of insects that are annoying or dangerous to residents of the City. Exterior windows and doors of all buildings used for human habitation, or for the storage, preparation or serving of food, shall be screened in a manner prescribed by the Board of Health. Whenever the Board of Health finds that it is impossible or impractical for owners or occupants to individually control populations of dangerous or annoying insects, he shall institute measures on a community-wide basis for a practical program for control including chemical and other suppressive means.

Any person who shall be convicted in the Park City Municipal Court for violating any provision or provisions of this article shall be deemed guilty of a misdemeanor. Each day that any such violation of this article occurs or continues to occur shall constitute a separate offense and shall be separately punishable as hereinafter designated as a new and different violation.

Any violation of this article shall be punishable by a sentence to be imposed at the discretion of the Court of not more than a $200.00 fine and 30 days in jail for each such separate violation. Provided, however, that upon trial of any person charged with a violation of this article who is found guilty or upon a plea of guilty or nolo contendere to a violation of this article, it shall appear to the Court that a nuisance complained of as proscribed in this article continues, the Court may enter such further orders as necessary to cause said nuisance to be abated.

(Ord. 1066; Code 2021)