Article 1. Health Nuisances

8-101.        Nuisances unlawful; defined.

It shall be unlawful for any person to maintain or permit any nuisance within the city defined, without limitation, as follows:

(a)   Unsheltered open storage of personalty, for a period of 30 days or more (except in licensed salvage yards);

(b)   Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or lot whether vacant or occupied;

(c)   All dead animals not removed within 24 hours after death;

(d)   Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors;

(e)   All stagnant ponds or pools of water;

(f)   All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood;

(g)   Any fence, structure, thing or substance placed upon or being upon any street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city.

(h)   Combustible materials accumulation outside of and adjacent to any building or in any alley, sidewalk, street, or premises within 30 feet of any building.

8-102.        Right of entry.

(a)   Whenever necessary to make an inspection of any building, structure or premises to determine if a nuisance exists, or whenever the police officer or other person designated by the city administrator as an enforcing officer for the city has cause to believe that there exists therein any condition which endangers the public health, the public officer is authorized to enter such building, structure or premises at all reasonable times to inspect the same and to exercise any power or authority or to perform any duty imposed upon the public officer under this code.

(b)   The authority granted to the public officer by subsection (a) of this section is subject to the following:

(1)   If the building, structure or premises is occupied, the public officer shall first present proper credentials, explain the purpose for which admittance is desired and demand entry.

(2)   If such property is unoccupied, the public officer shall first make a reasonable effort to locate the owner or other person having charge or control of the property, present proper credentials, explain the purpose for which admittance is desired and demand entry.

(3)   If the public officer is refused admission or cannot locate the owner or occupant, the public officer shall refrain from entering until authorized to do so by proper judicial authority.

8-103.        Nuisance unlawful; penalty.

As an alternative to the nuisance abatement process found in K.S.A. 12-1617e, a complaint for violation of the provisions of article may be filed in the Clearwater Municipal Court by a Clearwater Police Officer or other person designated by the city administrator as an enforcing officer for the city. Any person who commits an unlawful act pursuant to this article shall, upon conviction thereof by the Clearwater Municipal Court, be required to pay a fine of not more than $500.00 plus court costs for each violation. Each day of noncompliance constitutes a separate offense