Title 7 - Health and Sanitation

7.25.308.1 Accumulation of rubbish or garbage.

Exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage and any solid waste as defined in Title 7.36 of the Overland Park Municipal Code.

308.1.1 Summary Abatement.  Whenever the Code Official determines that the accumulation of rubbish, garbage or any other solid waste poses an imminent threat or substantial risk of being spread, scattered or blown onto neighboring properties or the adjacent right-of-way thereby creating a substantial interference with the use and enjoyment of said properties, the City may to take immediate action to abate the violation without notice.

308.1.2 Accelerated Abatement. Whenever the Code Official determines that the accumulation of rubbish, garbage or any other solid waste appears to be discarded items or materials that, by virtue of their nature, amount or composition, create a substantial interference with the use and enjoyment of neighboring properties or public property or right-of-way, the City may take steps to abate the violation in accordance with the following steps:

1. 1.
   The Code Official shall post the premises where the materials are located with a notice warning that accelerated abatement will occur unless the violation is corrected as required. If the tax records indicate that the owner resides at the location and the violation is not removed within 24 hours of posting, the Code Official may authorize immediate abatement.
2. 2.
   If the tax records indicate that the owner resides at a different location in Johnson County, the Code Official shall post that location with the same notice. If the violation is not removed within 48 hours, the Code Official may authorize immediate abatement.
3. 3.
   If the tax records indicate that the owner resides outside of Johnson County, the Code Official shall send the same notice to the owner’s address by overnight delivery. If the violation is not removed within 48 hours of the time of posting, the Code Official may authorize immediate abatement, provided the Code Official reasonably believes that at least 24 hours has occurred from the anticipated delivery time of the mailed notice.

If summary, accelerated or regular abatement is required, the owner shall be responsible for payment of the cost of the abatement and a notice of cost shall be sent as provided in OPMC Section 7.25.106.5.1.

(History: Ord. No. PM-3289 §26, 2020)  

Effective on: 1/1/1901