The purpose of this article is to promote the health, safety and welfare of the residents of the City of Park City, Kansas to protect neighborhoods from chronic incidents of violence, criminal conduct and other repetitive behaviors which are offensive to residents and which damage or contribute to the deterioration of property or improvements in the community. The procedures set forth below are intended to hold property owners, tenants and other responsible parties accountable for chronic and repeated criminal violations occurring on such property which result in repeated calls for police service.
(Ord. 1188)
The provisions of
this article are in addition to any other violation enumerated within the
ordinances of the Code of the City of Park City. This article in no way limits
the penalties, actions or abatement procedures which may be taken by the city
for a violation of any ordinance of the city or statute of the State of Kansas.
(Ord. 1188)
The following words and phrases, whenever used in this article shall be defined as follows:
Chief of Police means the Chief of Police of the City of Park City or his or her designee.
City Administrator means the City Administrator of the City of Park City or his or her designee.
Commercial Property means real estate zoned or used for industrial, commercial or business use and which is not used primarily or in part used as residential property. Typical uses include, but are not limited to: entertainment establishments, hotels, motels, and public venues with no licensing but where the consumption of alcoholic liquor or cereal malt beverage is allowed on property.
Chronic Nuisance Property means a dwelling, house, duplex, mobile home, building, shed, garage, lot, or any similar residential property, and the area immediately adjacent to such structures or buildings which is under the ownership or control of the Responsible Party on which two or more Trigger Events or one shooting event or the execution of a search warrant has occurred within the applicable compliance period. Commercial properties and multi- family dwellings will be declared a “Chronic Nuisance” if three (3) or more Trigger Events or one shooting event or the execution of a search warrant occur on such premises or on the area immediately adjacent to such structures or building which is under the ownership or control of the Responsible Party within the applicable compliance period. Trigger Events occurring before the adoption of this ordinance may not be considered in designating a property as a Chronic Nuisance.
Compliance Period means a six (6) month period of time for residential properties and a thirty (30) day period of time for commercial or multi-family units during which time a triggering event may occur.
Crime of Violence means an offense, felony or misdemeanor, that has as one of its essential elements the use, attempted use, or threatened use of physical force against the person or property of another, or an offense that by its very nature involves a substantial risk that such physical force may be used in the course of committing the offense. Such offenses shall not include crimes of domestic violence.
Documented Incident means an incident where emergency or law enforcement services were called or responded to an incident, other than domestic violence calls, that caused them to gather information and produce written documentation regarding the incident. This includes instances where no criminal charges are brought by the appropriate prosecuting agency and no criminal convictions were obtained as a result of the incident.
Multi-Family Unit means the use of a site for three (3) or more Dwelling Units within a single building. Typical uses include triplexes, fourplexes, apartments, residential condominiums and townhouses. Such term does not include a duplex.
Residential Property means a building or structure used as a duplex or single family dwelling.
Responsible Party means any person who resides, uses, owns, manages or controls property where a Trigger Event occurs.
Shooting means an incident where there is gunfire by known or unknown assailants.
Trigger Event means a Park City Police Department documented incident, a criminal conviction or a criminal diversion, relating to:
(1) Violation of any law relating to a crime of violence, excluding crimes of domestic violence as defined in the Municipal Code of the City of Park City and K.S.A. 21-5414 and any amendments thereto;
(2) Violation of any law prohibiting or regulating gambling;.
(3) Violation of any law prohibiting obscenity or promoting obscenity;
(4) Violation of any law prohibiting the sale of sexual relations or promoting the sale of sexual relations;
(5) Violation of any law prohibiting or regulating the possession, sale, distribution or use of controlled substances;
(6) Violation of any law regulating the sale or exchange of alcoholic liquor or cereal malt beverages, by any person not licensed pursuant to Chapter 41 of the Kansas Statutes Annotated, and amendments thereto;
(7) Violation of any law regulating the sale or exchange of cigarettes or tobacco products, by any person not licensed pursuant to Article 33 of Chapter 79 of the Kansas Statutes Annotated, and amendments thereto;
(8) Violation of any law prohibiting or regulating the possession, use or consumption of alcoholic liquor or cereal malt beverage;
(9) Any felony committed for the benefit of, at the direction of, or in association with any criminal street gang;
(10) Violation of any law prohibiting obstructing pedestrian and vehicular traffic;
(11) Violation of any law relating to the possession, discharge, transport or use of a firearm or other weapon;
(12) Violation of any law prohibiting or regulating Loud or Offensive noise;
(13) Violation of any law regarding dangerous dogs, dog or animal fighting, animal cruelty, barking dogs or dogs running at large;
(14) Violation of any law prohibiting illegal dumping, littering, and/or improper storage of bulky waste materials;
(15) Violation of any law regulating housing or building codes standards; and
(16) Violation of any state or local licensing laws which relate to the health and safety of residents or consumers.
(Ord. 1188)
The maintenance of Chronic Nuisance Property, as defined in this article, is prohibited.
(Ord. 1188)
A Responsible Party
may be notified by the Chief of Police, or his/her designee, in writing upon
the applicable number of Trigger Events, as defined herein, occurring within
the Compliance Period that the property will be declared a Chronic Nuisance
Property if another Trigger Event occurs within the Compliance Period. Such
notice shall be served on the Responsible Party by personal service or by
restricted mail to his/her last known address, or if none, to the address to
which any tax statement is provided to such owner of the dwelling.
(Ord. 1188)
Following the service of notice as set forth in Section 8-1305, upon a subsequent Trigger Event occurring within the Compliance Period, the Responsible Party may be notified that the property has been deemed a Chronic Nuisance.
The notice shall include:
(1) A statement that a Chronic Nuisance exists, as defined by this article, at the location specified in the notice and that the Responsible Party must submit a plan to abate such nuisance;
(2) A brief description and dates of the commission of the acts which constitute the basis for the Chronic Nuisance declaration;
(3) The date, time and place where the person is to appear and meet with a designated representative of the Park City Police Department to participate in the nuisance abatement conference and present an abatement plan for approval; and
(4) Notice that failure to appear, make satisfactory arrangements for an alternative date and time for such hearing, or failure to comply with an abatement plan may result in the imposition of actual fees for police services on each subsequent call.
At the nuisance abatement conference, the designated representative of the Park City Police Department and the Responsible Party shall discuss the facts constituting the Chronic Nuisance and the Responsible Party will identify the actions to be taken in order to abate the nuisance.
(Ord. 1188)
At the nuisance abatement conference, the Responsible Party shall provide a nuisance abatement plan in writing.
The nuisance abatement plan shall include a list of specific actions and a specific schedule of deadlines for said actions to abate the Chronic Nuisance as provided by the Responsible Party. Such plan shall be in effect for twelve months, unless extended in writing by agreement.
The plan will be discussed and finalized at the nuisance abatement meeting. The Responsible Party and a designated representative of the Park City Police Department will approve the plan.
The final plan will be provided to the Responsible Party. The plan will include notification of the Responsible Party’s right to appeal the imposition of the plan and notification that failure to comply with the terms and conditions of the plan could result in the assessment of costs for police services for subsequent police calls.
(Ord. 1188)
The Responsible Party may be assessed, following written notice provided by the Chief of Police, the actual costs of hourly wages, including overtime, of all police department personnel upon any subsequent Trigger Event occurring within twelve (12) months from the date of the scheduled abatement plan conference or the abatement plan’s adoption if the Responsible Party:
(1) Fails to attend the abatement conference as required by Section 8-1306; or
(2) Fails to provide an acceptable nuisance abatement plan as set forth in Section 8-1307: or
(3) Fails to comply with the terms and conditions of a nuisance abatement plan adopted as set forth in Section 8-1307.
No fees shall be assessed against a Responsible Party while a nuisance abatement plan is in effect and such person is attempting in good faith to comply with the terms of the plan.
The assessed costs of police services shall be determined by the hourly rate of pay, including any required overtime charges, in effect at the time of the Trigger Event.
The Responsible Party will be notified of his/her right to appeal the assessment of any fees assessed for subsequent calls for police services.
(Ord. 1188)
Any Responsible Party who has been issued a notice of the designation of Chronic Nuisance Property, as defined by this article, or who was required to participate in an abatement hearing, or who was assessed law enforcement personnel costs may request and shall be granted a hearing on the matter before the Chief of Police provided that such person shall file a written request for such hearing with the Chief of Police setting forth a brief statement of the grounds therefor, within ten (10) days after the Nuisance Abatement Conference or assessment of police service costs. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the order of abatement or assessment of fees. Upon receipt of such request, the Chief of Police shall set a time and place for such hearing and shall give the Responsible Party written notice of the hearing. At such hearing, the Responsible Party shall be given an opportunity to be heard and to show why abatement proceedings should be modified or withdrawn, or that costs of police services should not be assessed. The hearing shall commence no later than ten (10) days after the notice of appeal is received by the Chief of Police unless good cause is shown to justify a later date. The Responsible Party shall be timely notified, in writing, of the date, time and place of such appeal hearing.
Following such appeal hearing as provided for above, the Chief of Police may sustain, modify or withdraw the abatement proceedings or assessment of fees, depending upon findings as to whether the provisions of this article have been complied with. Such findings will be provided, in writing, to the Responsible Party, no less than ten (10) days following the hearing. The findings by the Chief of Police shall be deemed to be an order.
Any person affected by the decision of the Chief of Police may appeal such determination to the City Administrator. Such appeal shall be filed no later than ten (10) days following the issuance of the order by the Chief of Police. The Responsible Party shall file a written request for such hearing with the City Administrator setting forth a brief statement of the grounds therefor. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the Chief’s order. Upon receipt of such request, the City Administrator shall set a time and place for such hearing and shall give the Responsible Party written notice of the hearing. Absent good cause shown, such hearing shall be scheduled no later than thirty (30) days following receipt of the request for hearing. At such hearing, the Responsible Party shall be given an opportunity to be heard and to show why the Chief’s order should be modified or set aside.
An appeal of the decision of the City Administrator may be made to the City Council in writing no later than ten (10) days following the issuance of the decision of the City Administrator. Upon receipt of such request, the City Council shall set a time and place for such hearing and shall give the Responsible Party written notice of the hearing. Absent good cause shown, such hearing shall be scheduled no later than thirty (30) days following receipt of such request for hearing.
An appeal of the decision of the City Council shall be made to the 18th Judicial District Court in accordance with K.S.A. 60-2101 et seq. and amendments thereto.
(Ord. 1188)
In addition to the provisions set forth in this article, the City Attorney may commence legal proceedings in Sedgwick County District Court to abate property designated as Chronic Nuisance Property as authorized by state statute.
(Ord. 1188)