Title 7 - Health and Sanitation

7.01.100 Authorized Actions.

The Code Official, or, where appropriate, the Governing Body, is authorized, subject to any adopted policies or administrative rules or regulations, to take the following actions to bring the subject property into compliance with this code or other ordinances of the City. Those actions include, without being limited to, abatement of the violation; vacation of the premises until the violation is corrected; prohibition of occupancy of the premises until the violation is corrected; issuance of a Notice to Appear in Municipal Court; injunctive or other relief in the District Court of Johnson County; suspension or revocation of any City licenses pertaining to the premises that remain in violation, and any other necessary or appropriate actions authorized by any applicable law, ordinance, statute, rule or regulation. If no public necessity is found for the immediate demolition of the structure or premises, the code official or Governing Body may take such other action, including, without limitation, causing the property to be cleaned, cleared, vacated, secured or otherwise repaired or any other action deemed necessary to promote the public health, safety or general welfare. The provisions of Section 7.26.230 shall be made applicable to this section and pursuant to those provisions and any other applicable laws, statutes, ordinances, rules or regulations, the property owner may be charged for the costs incurred by the City in taking any actions to abate or correct such unlawful conditions, including administrative fees, and a lien may be placed on the property for any such unpaid costs and fees. The City Manager shall designate the department, division, employee or agency of the City to enforce this code, and such designee shall, for the purposes of this code, be known as the code official or code administrator.

(History: Ord. CCO-2243 §1, 2000)

Effective on: 1/1/1901

7.01.200 Required Registration for Problem Properties.

The Director of Planning and Development Services is authorized to adopt written rules and regulations specifying the criteria for placing non-owner occupied property within a responsible party registration program for problem properties. These rules and regulations shall follow the general guidelines set forth in this section. Such properties shall include, without being limited to, properties where the owner or the accused has failed to appear at arraignment or trial, or that have been the subject of a prosecution in Municipal or District Court or a civil proceeding in any court of competent jurisdiction where, in the course of those judicial proceedings, a warrant for failure to appear in court, a contempt of court order, or any similar order reflecting the accused or owner’s failure to comply with required court procedures or orders, was issued by the court. The rules and regulations shall provide for the inclusion in that program of properties where any code violation remains uncorrected after the completion of appropriate court proceedings initiated by the City or properties where a failure to correct outstanding violations of the Overland Park Municipal Code has resulted in the City being required to undertake action to abate the violation or vacate the subject property, or both. The rules and regulations shall contain appropriate procedures consistent with the requirements of due process governing the designation of property for inclusion in the program and an appeal process for any property owner aggrieved by such inclusion. No property subject to the requirements of this registration program may be operated as non-owner occupied property within the City, leased or rented to any tenant, or occupied in any manner by a tenant of any kind whatsoever, unless and until full compliance with the registration program has been certified by the City and all outstanding code violations have been corrected and all costs, charges, fees, court fines and costs and all other financial obligations to the City are satisfied in full. The rules and regulations shall include, at a minimum, the following matters: detailed requirements pertaining to the designation and definition of a responsible party who shall be obligated to keep the subject property in full compliance with all applicable code provisions; personal information pertaining to that responsible person, such as a residence address and phone number as well as documentation of sufficient identifying characteristics of that person to allow, if necessary, the issuance of a warrant for their arrest. The Director shall submit a copy of these proposed rules and regulations to the Community Development Committee not less than 30 days before their effective date.

(History: Ord. CCO-2243 §1, 2000)

Effective on: 1/1/1901

7.04.010 Certain Matters Declared Nuisances.

The following sections designate matters that are nuisances.

(History: Ord. NU-99 Art. I §1 (part) 1961)

Effective on: 1/1/1901

7.04.020 Things Injurious or Annoying.

Every act done, occupation followed or thing kept or maintained by any person or persons, partnership or corporation so as to constitute an injury or annoyance to the public is a nuisance.

(History: Ord. NU-99 Art. I §1(a) 1961)

(See also: 11.28.095)

Effective on: 1/1/1901

7.04.150 Title.

The title of Overland Park Municipal Code Sections 7.04.150 through 7.04.310, inclusive, shall be known as the Nuisance and Unsafe Structures Enforcement Act (NUSE Act).

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.160 Purpose and Findings.

1. A.
   The purpose of the Nuisance and Unsafe Structures Enforcement Act is to provide reasonable controls restricting and prohibiting the allowance of nuisances and unsafe structures to exist on property within the City of Overland Park; to declare that certain conditions constitute public nuisances or unsafe structures, which are unsightly, are a menace and dangerous to health of the inhabitants of the City, or of any residential or commercial area and the residents thereof, and are offensive to the general public health, safety, and welfare of the community; to provide a method of enforcement of this Act; to provide procedures to notify property owners or those in control of real property that a violation exists and to allow for self-abatement by such person; to provide property owners or those in control of real property notification and an opportunity to be heard concerning violations of the Act; to provide administrative procedures to allow the City to direct the abatement of violations; to provide a method of assessment or collection of costs for abatement by the City; to declare that the existence of such violations are unlawful; and to provide penalties for enforcement through the Municipal Court system.
2. B.
   The Governing Body of the City of Overland Park, Kansas, hereby finds that the allowance of nuisances and unsafe or dangerous structures, as defined herein, on private property or adjacent rights-of-way or easements are public nuisances which are unsightly, a menace dangerous to the health of the inhabitants of the City, or of the residential or commercial area and the residents thereof, and are offensive to the general public health, safety, and welfare of the community. Such nuisances or unsafe structures promote conditions which cause disease, pollution; proliferation of rats, vermin, mosquitoes, and snakes; the spread of fire; a harmful environment for transients and to the community as a result of transient use; harmful attractions for children; creates short and long-term impacts on the area including the diminution of property values and the integrity of the neighborhood; and interferes with the orderly development of property in the City.

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.170 Definitions.

For purposes of this Act, the following definitions shall apply:

7.04.180 Nuisances or Unsafe Structures Unlawful; Responsibility to Abate.

1. A.
   It shall be unlawful for any property owner, representative, tenant, or other such person with control, occupancy, or possession of real property to allow or maintain a nuisance or unsafe structure to exist on any lot or parcel of land within the City, including any areas between the property lines of said lot or parcel and the center line of any adjacent street or alley including sidewalks, streets, alleys, easements and rights-of-way.
2. B.
   The property owner, representative, tenant or other such person with control, occupancy, or possession of real property shall be responsible for the abatement of any nuisance or unsafe structure.

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.190 Enforcement Against Nuisances; Designation of Officer; Order of Abatement; Hearing; Notice to Appear.

1. A.
   The Governing Body hereby delegates to the City Manager the authority to designate a public officer to be charged with the administration and enforcement of this Act as it concerns nuisances. The public officer shall authorize the investigation of violations of the Act. If it is determined that a violation of this Act exists, then the officer shall file a written report with the City Clerk and direct that an order of abatement be sent to the property owner, representative, or tenant. The Governing Body, by resolution, also may make such determination;
2. B.
   Except as provided by Subsection C, the order of abatement shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service, or if the same is unoccupied and the owner is a nonresident, then by mailing a notice by certified mail, return receipt requested, to the last known address of the owner.
3. C.
   If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of an order sent pursuant to this Section during the preceding 24-month period, the City may provide notice of the issuance of any further orders to abate or remove a nuisance from such property in the manner provided by Subsection B or as provided in this Subsection. Except as specifically provided in this Subsection, the City may may 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.
4. D.
   The order of abatement shall state:

   1. 1.
      A common or legal description of the property, or both;
   2. 2.
      That the property is in violation of the Act;
   3. 3.
      The nature of the violation, including relevant ordinances, with sufficient information that would reasonably allow the recipient to determine the nature of the violation to allow for self-abatement;
   4. 4.
      That the condition creating the violation shall be abated within a designated time period, not exceeding 10 days from the date of the notice, provided that extensions of such 10-day time period shall be granted if the owner or agent of the owner of the property demonstrates that due diligence is being exercised in abating the nuisance;
   5. 5.
      That the recipient, upon written request, may obtain a hearing before a designated hearing officer, provided such request is received by the City Clerk prior to the expiration of the designated waiting period;
   6. 6.
      That failure to comply with the order of abatement shall result in the abating the violation with the assessment of costs made against the property or by filing for judgment against the recipient;
   7. 7.
      That failure to pay such assessments within 30 days of the notice of costs shall result in the filing of a tax lien against the property, or the filing for judgment against the recipient, or both;
   8. 8.
      That such violations are subject to prosecution.
5. E.
   If the recipient of the order of abatement makes a written request for hearing within the waiting period, then the City shall immediately schedule a hearing before a designated hearing officer. The hearing officer shall receive evidence, review the investigation, and prepare a written order. The order shall be sent by certified mail to all relevant parties within 10 days of the hearing, unless otherwise stated at the hearing, and prior to the City taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific Code provisions being relied upon should a violation be found, and state any such other stipulations, methods of abatement, or orders as deemed necessary by the hearing officer.
6. F.
   If an authorized public officer determines that a violation of this Act exists, he or she may issue a Notice to Appear in Municipal Court for such violation. No other procedures are required as a prerequisite to the issuance of a Notice to Appear.

(History: Ord. NU-2601 § 2, 2006; NU-2299 §1, 2001; NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.200 Abatement of Nuisance by City; Notice of Costs; Assessment and Collection.

1. A.
   If the recipient of the order of abatement fails to comply with the order within the period of time designated in the order, or fails to comply with the order after a hearing on the matter, then the City may go onto the property to abate the violation in a reasonable manner. The City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to the public to abate the violations. The City may use its own employees or contract for services to abate violations of the Act.
2. B.
   If the City takes action to abate the violation, it shall provide a Notice of Costs to the property owner, representative, or tenant. The Notice of Costs shall be delivered by certified mail, return receipt requested, at the last known mailing address; or if the property is vacant or unoccupied, the Notice of Costs shall also be posted on the property in a reasonable manner. The recipient shall have 30 days from the date of the Notice to make full payment. The Notice of Costs shall state:

   1. 1.
      The common or legal description of the property, or both;
   2. 2.
      The nature of the violation, including relevant ordinances;
   3. 3.
      The nature of the work performed to abate the violation;
   4. 4.
      The costs incurred for the abatement of the violations in either a lump sum or in itemized form;
   5. 5.
      That the notice is a demand for payment within 30 days from the date of notice;
   6. 6.
      That failure to pay the entire amount within 30 days shall allow the City to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;
   7. 7.
      That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys' fees when applicable, and interest;
   8. 8.
      That payments shall be made by check or money order made payable to the City of Overland Park, Kansas, with no post-dating of the check, and sent to the address as stated within the notice with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as non-payments.
3. C.
   If the payment of costs is not made within the 30-day period, the City may levy a special assessment for such costs against the lot or piece of land. The City Clerk at the time of certifying other City taxes to the County Clerk shall certify the aforesaid costs, and the County Clerk shall extend the same on the tax roll of the county against the lot or parcel of ground, and it shall be collected by the county treasurer and paid to the City as other City taxes are collected and paid. Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as amended, by bringing an action in the appropriate court as a personal debt. The City may pursue both assessment and collection at the same time until the full cost, including applicable interests, court costs, attorneys' fees, and administrative costs have been paid in full. (Ref. K.S.A. 12-1617e, as amended).

(History: Ord. NU-2601 § 3, 2006; NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.220 Excavation Fill.

It shall be the duty of the property owner, representative or the tenant, upon removal of a structure, to fill any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition including the grading and seeding or sodding of the area, removal of dirt or mud from roads, streets, alleys, or sidewalks, to allow for proper drainage of the site, and to remove any and all refuse, trash, debris, brush and limbs, or materials from the site.

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.230 Removal of Unsafe Structures; Salvage, Sale; Assessment and Collection Of Costs; Procedure.

1. A.
   If the owner of any structure has failed to commence the repair or removal of such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the City may proceed to raze and remove such structure, make the premises safe and secure, or let the same to contract. The City shall keep an account of the cost of such work and may sell the salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. All moneys in excess of that necessary to pay such costs, after the payment of all costs, shall be paid to the owner of the premises upon which the structure was located.
2. B.
   The City shall give notice to the owner of such structure by certified mail, return receipt requested, of the total cost incurred by the City in removing such structure and making the premises safe and secure. Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice. If the cost is not paid within the 30-day period and if there is no salvageable material or if moneys received from the sale of salvage or from the proceeds of any insurance policy in which the City has created a lien pursuant to K.S.A. 40-3901 et seq., and amendments thereto, are insufficient to pay the cost of such work, the balance shall be collected in the manner provided by K.S.A. 12-1,115, as amended, or shall be assessed as a special assessment against the lot or parcel of land on which the structure 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. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, as amended, but only until the full cost and any applicable interest has been paid in full.
   Whenever any structure is removed from any premises under the provisions of this act, the City Clerk shall certify to the county appraiser that such structure, describing the same, has been removed.
3. C.
   If there is no salvageable material, or if the moneys received from the sale of salvage or from the proceeds of any insurance policy in which the City has created a lien pursuant to K.S.A. 40-3901 et seq., and amendments thereto, are insufficient to pay the costs of the work, such costs or any portion thereof in excess of that received from the sale of salvage or any insurance proceeds may be financed, until the costs are paid, out of the general fund or by the issuance of no-fund warrants. Whenever no-fund warrants are issued under the authority of this act, the Governing Body of such City shall make a tax levy at the first tax levying period for the purpose of paying such warrants and the interest thereon. All such tax levies shall be in addition to all other levies authorized or limited by law and shall not be subject to the aggregate tax levy prescribed in article 19 of chapter 79 of the Kansas Statutes Annotated, and amendments thereto. Such warrants shall be issued, registered, redeemed and bear interest in the manner and in the form prescribed by K.S.A. 79-2940, and amendments thereto, except they shall not bear the notation required by that section and may be issued without the approval of the state board of tax appeals. All moneys received from special assessments levied under the provisions of this section or from an action under K.S.A. 12-1,115, as amended, when and if paid, shall be placed in the general fund of the City.

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.280 Immediate Hazards.

In the event the public officer authorized under this Act determines that a nuisance or unsafe structure exists which creates an immediate hazard, then the City shall proceed, without delay, to take steps to abate the situation and without prior notice to or hearing of the owner, representative, or tenant. The cost of such action shall be assessed as set forth in Chapter 7.28 of this Code, or pursuant to K.S.A. 12-1,115, as amended, or both.

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.290 Right of Entry; Unlawful Interference; Penalty.

1. A.
   Any authorized officer or agent of the City, pursuant to this Act, shall be allowed to enter onto any land within the City limits to investigate violations of this Act or for the abatement of violations pursuant to this Act.
2. B.
   It shall be unlawful for any person to interfere with a public officer or agent of the City in performing his or her duties pursuant to this Act whether investigating or abating violations.
3. C.
   Any person who interferes with an officer or agent of the City pursuant to this Act shall be punished as provided in Section 1.12.010 of this Code.

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.300 Penalty.

1. A.
   Any property owner, representative, tenant, or person found in violation of this Act shall be subject to prosecution in the Overland Park Municipal Court. Any such person found guilty of violating the provisions of this Act shall be subject to a fine of not less than $50 nor more than $500 and not more than 10 days in jail, or both a fine and jail sentence. Any person found guilty of this Act two or more times within any one-year period, or determined by the Municipal Court to be a perennial violator, shall be fined not less than $250 nor more than $500 and shall be subject to a sentence not to exceed 30 days in jail, or both a fine and a jail sentence.
2. B.
   Prosecution of any offender under this Act does not limit the City's right to pursue assessment or collection of costs as stated in this Act, or by other laws.
3. C.
   Each day that any violation shall continue shall constitute a separate offense.
4. D.
   Any fines assessed under this Act shall be collected by the Municipal Court administration and paid over to the general fund, except for assessments of court costs.

(History: Ord. ROCR-2245 §9, 2001; NU-1382 §1, 86)

Effective on: 1/1/1901

7.04.310 Severability.

If any section, subsection, paragraph, sentence, clause or phrase in this Chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof.

(History: Ord. NU-1382 §1, 86)

Effective on: 1/1/1901

7.08.001 Definitions.

The following words and phrases when used in this ordinance shall, for the purpose of this ordinance, have the meanings respectively ascribed to them in this section unless otherwise defined in the text of the section.

7.08.002 Unlawful to Cause a Noise Disturbance.

It shall be unlawful to make or cause to be made a Noise Disturbance within the City. A Noise Disturbance shall include any or all of the following:

1. A.
   A sound registered on a decibel meter from any source not exempted or otherwise regulated by this Chapter and which, when measured anywhere off of the property of the sound source, is in excess of the dB(A) established for the time period and zones listed below.

2. B.
   The owning, keeping or harboring of any animal that howls, barks or emits audible sounds, without provocation of the complainant, that are unreasonably loud or disturbing which are of such character, intensity and duration as to disturb the peace and quiet of a reasonable person in the neighborhood or to be detrimental to the life and health of any individual.
3. C.
   A sound resulting from the erecting, constructing, excavating, demolishing, altering or repairing of any structure, or operating, or permitting the operation of any tools or equipment used in construction, drilling, or demolition work in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 9:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 9:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection A.
4. D.
   The repairing, rebuilding, modifying or stationary testing of any motor vehicle, motorcycle, or motorboat in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection A.
5. E.
   The operating or occupancy of a vehicle, which is moving or stationary, standing or parked, whether persons are seated in the vehicle or not, from which any Sound Amplification or Producing Device or Similar Equipment is creating a sound that is Plainly Audible at least fifty (50) feet from the source of the sound.* A violation of this subsection shall be a traffic offense. 
6. F.
   The operation of any power tool, garden tool, lawnmower, snow blower or other similar equipment or device in Residential Areas in such a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 10:00 p.m. and 7:00 a.m. Between the hours of 7:00 a.m. and 10:00 p.m., this activity shall not be subject to the time, area and dB(A) limits set forth in subsection A.
7. G.
   The operating, playing, permitting or causing to be operated or played any Sound Amplification or Producing Device or Similar Equipment in a manner as to cause a sound Plainly Audible across any property boundary line between the hours of 12:00 a.m. (midnight) and 6:00 a.m. Between the hours of 6:00 a.m. and 12:00 a.m. (midnight), this activity is subject to the area and dB(A) limits set forth in subsection A above.

*As to vehicle equipment and maintenance and prevention of excessive or unusual noise therefrom, see OPMC 12.04.175(a).

(History: Ord. NOI-3051 §1, 2014; NOI-2772 §1, 2008; NOI-2373 §1, 2002; NOI-2287 §2, 2001)

Effective on: 1/1/1901

7.08.003 Unlawful to Allow a Noise Disturbance; Responsibility for Abatement.

1. A.
   It is unlawful for any Property Owner or Tenant, or other person with control, occupancy, or possession of residential property, to allow or permit a person or group of persons to create a Noise Disturbance as defined in subsections A through G of Overland Park Municipal Code Section 7.08.002 on said property.
2. B.
   The Property Owner, Tenant or other such person with control, occupancy, or possession of property, shall be responsible for abatement of Noise Disturbances occurring on that property and failure to do so shall be a violation of this section.

(History: Ord. NOI-2310, §1, 2001; Ord. NOI-2287, §3, 2001)

Effective on: 1/1/1901

7.08.004 Exemptions.

The following shall not be considered to be Noise Disturbances for purposes of this ordinance:

1. A.
   Sound from law enforcement motor vehicles and other Emergency Motor Vehicles including, but not limited to, snow-clearing equipment.
2. B.
   Sound from vehicles or equipment belonging to the city, state, county, federal government, school or other governmental agencies or utilities engaged in preparing for or remedying a potentially hazardous situation.
3. C.
   Sound that a person is making or causing to be made when said person has received and maintains a valid license or permit which specifically allows sound levels in excess of those set forth in this ordinance from any department, board or commission of the City authorized to issue such license or permit.
4. D.
   Sound originating from private property, provided that such property was annexed into the City by either Ordinance No. A-2367 or Ordinance No. A-2719.

(History: Ord. NOI-2696 §1, 2008; NOI-2402 §1, 2002; NOI-2373 §2, 2002; NOI-2291 §1, 2001; NOI-2287 §4, 2001)

Effective on: 1/1/1901

7.08.005 Penalties.

1. A.
   Upon a first conviction for a violation of this chapter, the Court shall assess a fine of no less than fifty dollars ($50.00). Upon a second conviction, the Court shall assess a fine of no less than one hundred fifty dollars ($150.00). Upon a third or subsequent conviction, the Court shall assess a fine of no less than two hundred fifty dollars ($250.00). No prior conviction shall be considered in determining the penalty to be assessed if twenty-four (24) months have elapsed between the date of the violation and the date of the conviction next immediately preceding the sentencing date.
2. B.
   No person shall be eligible for a parole, suspension or reduction of any part of said fine except that that portion of any fine or combination of fines that exceeds two hundred dollars ($200.00) assessed from the same set of operative facts may be suspended for twelve (12) months on the condition the violator have no further violations of the noise ordinance during that period. In addition to any such fine imposed, the Court may impose a jail term of up to six (6) months.
3. C.
   Each occurrence of a violation, or in the case of a continuous violation, each day a violation occurs or continues, constitutes a separate offense and shall be punishable as such hereunder.

(History: Ord. NOI-2287 §5, 2001)

Effective on: 1/1/1901

7.10.010 Incorporation.

There is incorporated by reference, for the purpose of establishing minimum requirements for the operation and maintenance of such pools, spas and similar facilities to minimize hazards to health and safety of users of such facilities, comprehensive regulations entitled “Rules and Regulations Relating to the Operation and Maintenance of Swimming Pools, Spas and Similar Facilities in the City of Overland Park, Kansas,” dated November, 1997 and approved by the Community Development Committee of the City Council on November 5, 1997; prepared, compiled, published and promulgated by the City of Overland Park, Kansas, Health and Environment Division, in code form as that term is defined in K.S.A. 12-3301 (c), such incorporation by reference being authorized by K.S.A. 12-3009 to and including 12-3012. Not less than three (3) copies of said ordinance shall be marked “official copy as adopted by Ordinance No. SPR-2081” to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be opened to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient. The Governing Body may set fees for inspection and licensing of regulated facilities by adoption of a Resolution.

(History: Ord. SPR-2081 §1, 97; Ord. SPR-1980 §1, 96)

Effective on: 1/1/1901

7.16.100 Purpose and Intent.

1. A.
   Protect and encourage the protection and Maintenance of Trees and Shrubs.
2. B.
   Promote and preserve the City's aesthetic value with respect to Trees and Shrubs.
3. C.
   Regulate and control planting and Maintenance of Trees and Shrubs on and adjacent to private property, Right-of-way and other public properties.
4. D.
   Provide for public health, safety and general welfare with respect to Trees and Shrubs.
5. E.
   Establish the Legacy of the Greenery Committee as a tree board for the City.
6. F.
   Designate a City Forester.

(History: Ord. TP-3025 §1, 2014; TP-2032 §1, 97; TP-1289 §1, 85)

Effective on: 1/1/1901

7.16.110 Legacy of Greenery Committee.

1. A.
   Creation. 
   There is hereby created and established a tree board for the City to be known as the Legacy of Greenery Committee (hereinafter referred to as the "Committee").
2. B.
   Purpose and Responsibility. The Committee shall be responsible for:

   1. 1.
      Developing strategies to increase, preserve and enhance the City’s Tree canopy by promoting, planting and maintaining Trees and Shrubs on both public and private property.
   2. 2.
      The promotion and recognition of commercial developments, businesses, and public entities that have committed to improve and enhance the aesthetics and quality of our environment through landscape enhancements.
   3. 3.
      Supporting the City Forester with programs and events that meet qualifications for National Arbor Day Foundation's Tree City USA status. This includes, but is not limited to, educational programs with the official mascot Forest the Fox, an Arbor Day tree planting ceremony and a tree seedling distribution.
   4. 4.
      The advocacy and dissemination of information supporting proper arboricultural practices, topical concerns affecting the City's Trees, and other information recommended by the City Forester.
   5. 5.
      The review and updating of the List of Approved Street Trees for Overland Park, in accordance with Section 7.16.180.
3. C.
   Membership.

   1. 1.
      The Committee shall consist of 13 members who are residents of the City and not less than 18 years of age, and 2 ex-officio members: 1 representing the Planning Commission, and 1 representing the City Council. (For a total of 15 Members.) All Members (including ex-officio) shall be appointed by the Mayor with the consent of the City Council. 
   2. 2.
      Should any Committee member move outside the City, the Committee shall declare to the Mayor the existence of a vacancy.
   3. 3.
      The appointments shall be made for two-year terms, plus until their successors take office; provided all vacancies shall be filled by appointment of the Mayor with the consent of the City Council for the unexpired term.
   4. 4.
      Committee members shall serve on a volunteer basis without compensation from the City or any other organization, trust, donation, or legacy for their services to the City.
   5. 5.
      The Committee shall adopt by-laws consistent with the City Council’s Rules, Procedures and Protocol for Plural Authorities. 
   6. 6.
      The Committee shall elect from its membership a chair and vice-chair, who shall serve one year and until their successors have been selected. Duties and responsibilities of these offices shall be stipulated in the by-laws of the Committee.
4. D.
   Staffing. The City Forester shall serve as the staff coordinator for the Committee.

(History: Ord. TP-3363 §1, 2022; Ord. TP-3025 §2, 2014; TP-1289 §2, 85)

Effective on: 1/1/1901

7.16.120 City Forester.

A City Forester shall be appointed by the City Manager to serve as the designated City official to observe and enforce the provisions of this Chapter.

(History: Ord. TP-3025 §3, 2014; TP-2032 §2, 97; TP-1289 §3, 85)

Effective on: 1/1/1901

7.16.130 Definitions.

For purposes of this Chapter the following definitions shall apply to the listed terms:

7.16.150 Tree and Shrub Distance and Clearance Requirements.

1. A.
   No Tree or Shrub shall be planted in the Right-of-way within a distance of:

   1. 1.
      10 feet of any fireplug
   2. 2.
      15 feet of any regulatory sign
   3. 3.
      20 feet of any street light pole
   4. 4.
      10 feet of any box culvert
2. B.
   The minimum height clearances for Trees and Shrubs are:

   1. 1.
      8 feet over public sidewalks
   2. 2.
      13.5 feet over improved thoroughfares or designated truck routes
   3. 3.
      12.5 feet over all other Streets
3. C.
   No Tree or Shrub shall be planted or maintained in the Right-of-way within any zone of approach, meaning, the area allowing an unobstructed view in advance of an actual or possible future traffic control device for a distance of 150 feet as measured from the point of the nearest intersecting curbs or curb lines of the Right-of-way.
4. D.
   The sight distance areas, as defined in OPMC Sections 12.04.126 and 18.450.070, shall remain free of Shrubs, Landscape Improvements or other vegetation which exceed a height of 2 feet measured from the Street. Trees in this area must be approved by the City Forester.
5. E.
   No Trees, Shrubs or Landscape Improvements over 2 feet in height will be permitted on residential traffic islands or thoroughfare Right-of-way unless approved by the City Forester.
6. F.
   Only Small Tree species, as designated in accordance with Section 7.16.180, may be planted or maintained within any portion of Right-of-way with overhead electric lines.
7. G.
   No Tree or Shrub shall be planted or maintained in a location that in any manner creates a Nuisance.

(History: Ord. TP-3025 §5, 2014; TP-1866 §1, 94; TP-1784 §1, 93; TP-1289 §6, 85)

Effective on: 1/1/1901

7.16.180 Approved Street Tree List.

Street Tree species allowed to be planted and grown within the Right-of-way will be set forth on the List of Approved Street Trees for Overland Park. This list will be made readily available through the City Forester and on the City’s web site and it can be mailed upon request. This list will be reviewed and updated by the Legacy of Greenery Committee at least every three (3) years to reflect changes found in arboricultural practices. The planting of any species not on this list, shall be prohibited unless prior written authorization of the City Forester is obtained; and the City Forester is authorized to adopt regulations providing procedures and criteria for the approval of species not on this List.

(History: Ord. TP-3025 §6, 2014; TP-2732 §1, 2008; TP-2032 §5, 97; TP-1289 §9, 85)

Effective on: 1/1/1901

7.16.190 Trees and Shrubs on Private Property.

1. A.
   Authority. The Community Services Division shall have the authority to regulate and enforce all regulations concerning the Maintenance and removal of Trees and Shrubs on private property. The City Forester shall assist the Community Services Division as necessary.
2. B.
   Maintenance or Removal. Whenever the Community Services Division or the City Forester determines that any Tree or Shrub on private property endangers, hinders or obstructs the use of public or private property, is a Nuisance, or in any other way endangers the public health, safety and welfare, the Community Services Division shall issue a notice of violation to order the Maintenance or removal of the Tree or Shrub by the Owner. (See Sections 7.16.205 and 7.16.208.)
3. C.
   Emergency Action. In the event the Community Services Division or the City Forester determines that the existing condition of any Tree or Shrub on private property constitutes an immediate hazard to the public health, safety and welfare or otherwise endangers persons or property, then the City shall proceed, without delay, to take steps to abate the situation and without prior notice to or hearing of the Owner, occupant or agent. The cost of such action shall be assessed as set forth in O.P.M.C. Chapter 7.28 as amended, or pursuant to K.S.A. 12-1,115, as amended, or both.
4. D.
   Right to Inspect. The Community Services Division and the City Forester are hereby authorized to enter on private property for the purpose of inspecting Trees or Shrubs where there appears to be a Nuisance or a threat to public or private property or to the public, health, safety and welfare. This entry and inspection may be done without the prior permission of the Owner, occupant or agent if the threat is imminent and if such notification is not feasible under the circumstances. If any person prevents such entry and inspection, the City may seek an appropriate court order to make such entry and inspection possible.

(History: Ord. TP-3025 §7, 2014; TP-2032 §7, 97; TP-1289 §11, 85)

Effective on: 1/1/1901

7.16.195 Trees and Shrubs on Public Property.

1. A.
   Authority. The City Forester shall have the authority to regulate and enforce all regulations concerning the planting, Maintenance and removal of Trees and Shrubs on public property.
2. B.
   Maintenance.

   1. 1.
      Whenever the City Forester determines that Maintenance of any Trees or Shrubs located in any Right-of-way is necessary, the City Forester shall follow the procedures set forth in Section 7.16.200. Notwithstanding, the City shall always maintain the right to perform any necessary Maintenance of any Tree or Shrub in Right-of-way and the City Forester may at anytime, in the City Forester’s discretion, direct city staff or the City’s contractor to perform the Maintenance.
   2. 2.
      Whenever the City Forester determines that Maintenance of any Trees or Shrubs located in any public property other than Right-of-way is necessary, the City Forester shall direct city staff or the City’s contractor to perform the Maintenance. Notice to any Abutting Owner is not required.
3. C.
   Removal.

   1. 1.
      Whenever the City Forester determines that removal of any Shrubs located in any Right-of-way is necessary, the City Forester shall follow the procedures set forth in Section 7.16.200. Notwithstanding, the City shall always maintain the right to perform any necessary removal of any Shrub in Right-of-way and the City Forester may at anytime, in the City Forester’s discretion, direct city staff or the City’s contractor to perform the removal.
   2. 2.
      Whenever the City Forester determines that removal of any Tree in Right-of-way is necessary, the City Forester shall direct city staff or the City’s contractor to perform the removal. Notice to any Abutting Owner is not required.
   3. 3.
      Whenever the City Forester determines that removal of any Tree or Shrub on any public property other than Right-of-way is necessary, the City Forester shall direct city staff or the City’s contractor to perform the removal. Notice to any Abutting Owner is not required.

(History: Ord. TP-3025 §8, 2014; TP-2032 §8, 97)

Effective on: 1/1/1901

7.16.200 Abutting Owner’s Duty to Right-of-way.

1. A.
   Duty. Abutting Owners are responsible for Maintaining the Trees and Shrubs within or encroaching within the abutting Right-of-way in a manner which promotes safe and healthy Trees and Shrubs and which protects the health, safety, and welfare of the public with respect to the same. The Abutting Property Owners shall not allow such Trees and Shrubs to hinder or obstruct the Right-of-way, create a Nuisance, or threaten life or property within the Right-of-way. When applicable, this duty shall also include the responsibility to remove Shrubs within the abutting Right-of-way. Whenever the Community Services Division or the City Forester determines that any such Tree or Shrub endangers, hinders or obstructs the use of the Right-of-way, is a Nuisance, or in any other way endangers the public health, safety and welfare, the Community Services Division shall issue a notice of violation to order the Maintenance of the Tree or Shrub by the Owner. (See Sections 7.16.205 and 7.16.208.)
2. B.
   City Assistance. An Abutting Owner may contact the City Forester to request the City’s assistance with the removal of a diseased, hazardous, or dead Tree in the Right-of-way. Diseased Trees are those diagnosed by the City Forester as having a highly contagious disease that could have catastrophic effects upon the City’s Trees. An Abutting Owner may also request the City’s assistance with the removal of storm damage from Right-of-way Trees to ensure that the Right-of-way is kept clear for vehicular and pedestrian traffic and that public safety, health and welfare is maintained.

(History: Ord. TP-3025 §9, 2014; TP-2032 §9, 97; TP-1289 §12, 85)

Effective on: 1/1/1901

7.16.205 Notice of Violation; Hearing; Notice to Appear.

1. A.
   A notice of violation issued pursuant to Section 7.16.190 B. or Section 7.16.200 A. shall be sent to the Owner, occupant or agent by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the Owner is a nonresident of Kansas, the notice of violation shall be sent by certified mail, return receipt requested, to the last known address of the Owner.
2. B.
   The notice of violation shall state:

   1. 1.
      The common or legal description of the property, or both;
   2. 2.
      That the property is in violation of this Chapter;
   3. 3.
      A description of the violation that would reasonably allow the Owner, occupant or agent to determine the nature of the violation to allow for self-abatement;
   4. 4.
      That the violation must be abated by the Owner, occupant or agent within 10 days from the date of the notice of violation, provided that extensions of the time period shall be granted if the Owner, occupant or agent demonstrates that due diligence is being exercised in abating the violation;
   5. 5.
      That prior to the expiration of the notice period, the Owner, occupant or agent may request in writing a hearing before the hearing officer;
   6. 6.
      That failure to comply with the notice of violation shall result in the City abating the violation, with the assessment of costs (including a reasonable administrative fee and the cost of all notice) made against the property and the Owner, occupant or agent;
   7. 7.
      That failure to pay such assessments within 30 days of the notice of costs shall result in the filing of a tax lien against the property or by filing for a personal judgment against the recipient, or both; and
   8. 8.
      That separate and independent of any abatement of the violation by the City, such violation is subject to prosecution in the Overland Park Municipal Court.
3. C.
   If the recipient of the notice of violation makes a written request for hearing within the notice period, then the City shall immediate schedule a hearing before a designated hearing officer. The hearing officer shall receive evidence, review the investigation, and prepare a written order. The order shall be sent to all relevant parties within 10 days of the hearing, unless otherwise stated at the hearing and prior to the City taking any action to abate the violation. The order shall state the relevant facts and the specific Code provisions relied upon, and any other stipulations, methods of abatement, or orders as deemed necessary by the hearing officer.
4. D.
   If an authorized public officer determines that a violation of this Chapter exists, the public officer may issue a Notice to Appear in Municipal Court for such violation. Such prosecution shall be separate and independent of any abatement action, and no other procedures are required as a prerequisite to the issuance of a Notice to Appear.

(History: Ord. TP-3025 §10, 2014)

Effective on: 1/1/1901

7.16.208 Abatement by City; Notice of Costs; Assessment and Collection.

1. A.
   If the Owner, occupant or agent fails to request a hearing and to self-abate the violation within the notice period, then the City may go onto the property to abate the violation in a reasonable manner. The City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to abate the violation. The City may use its own employees or contract for services to abate the violation.
2. B.
   If the City abates the violation, it shall provide a notice of costs to the Owner, occupant or agent by certified mail, return receipt requested, at the last known mailing address. If the property is vacant or unoccupied, the notice of costs shall also be posted on the property in a reasonable manner. The notice of costs shall state:

   1. 1.
      The common or legal description of the property, or both;
   2. 2.
      The nature of the violation, including relevant ordinances;
   3. 3.
      The nature of the work performed to abate the violation;
   4. 4.
      The costs incurred for the abatement in either a lump sum or in itemized form;
   5. 5.
      That the notice of costs is a demand for payment within 30 days from the date of the notice;
   6. 6.
      That failure to pay the entire amount within 30 days shall allow the City to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;
   7. 7.
      That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys' fees, and interest;
   8. 8.
      That payments shall be made by check or money order made payable to the City, with no post-dating of the check, and sent to the address stated within the notice of costs, with a written indication of the purpose for the payment and the address of the property where the violations occurred. (If the City offers payment by credit card, that information may also be provided.) Partial payments will not be accepted and shall be considered as non-payments.
3. C.
   If the payment of costs is not made within the thirty (30) day period, the City may file an affidavit of pending action with the Johnson County, Kansas Department of Records and Tax Administration with respect to the aforesaid costs. In addition, the City Clerk shall certify the aforesaid costs at the time of certifying other City taxes to the County Clerk, and the County Clerk shall extend the same on the tax roll of the County against the property, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as may be amended, by bringing an action in the appropriate court as a personal debt. The City may pursue both assessment and collection at the same time until the full cost, including applicable interests, court costs, attorneys' fees, and administrative costs have been paid in full.

(History: Ord. TP-3025 §11, 2014)

Effective on: 1/1/1901

7.16.210 Penalties and Violation; Civil Actions.

1. A.
   It shall be unlawful for any person to plant or otherwise maintain Trees or Shrubs in an area where such planting or Maintenance is prohibited by this Chapter.
2. B.
   It shall be unlawful for any person, including an Abutting Owner, to abuse, damage, mutilate, destroy or remove without the prior written permission from the City Forester (i) any Street Tree, (ii) any Shrub in the Right-of-way that was planted or is maintained by the City, or (iii) any Tree or Shrub on any other public property. Persons in violation of this provision shall be required to provide a replacement Tree or Shrub of a species and caliper approved by the City Forester; provided, however, the City Forester may waive this requirement in the City Forester’s sole discretion.
3. C.
   It shall be unlawful for any Owner, occupant or agent to permit any Tree or Shrub on their property to remain in violation of this Chapter after receipt of a notice of violation from the Community Services Division or the City Forester.
4. D.
   It shall be unlawful for any Owner, occupant or agent to allow any Tree or Shrub to hinder or obstruct any Right-of-way abutting their property or to violate any minimum distance or clearance requirements.
5. E.
   It shall be unlawful for any person to prevent, hinder or otherwise interfere with authorized employees, officials or contractors of the City in the performance of their official duties pursuant to the provisions of this Chapter.
6. F.
   Any person who violates any of the provisions of this Chapter is guilty of a public offense and upon conviction shall be punished as provided in OPMC Section 1.12.010.
7. G.
   The City may further enforce this Chapter by filing an action in the appropriate court for an injunction to enforce the provisions of this Chapter; to cause correction of any such violation; for assessment and recovery of a civil penalty for such violation; or to pursue any other appropriate civil remedy.

(History: Ord. (History: Ord. TP-3025 §12, 2014; TP-2032 §10, 97; TP-1289 §13, 85)

Effective on: 1/1/1901

7.16.220 Exceptions and Other Regulations.

1. A.
   Sections 7.16.150 A., 7.16.150 F. and 7.16.180 shall not affect Trees or Shrubs planted prior to the earliest effective date of the applicable prohibitions contained therein. The judgment of the City Forester concerning the planting date of the object at issue shall be entitled to a presumption of correctness that may be rebutted by credible evidence. Any replacement or additional plantings after such earliest effective date shall be in full compliance with all applicable provisions of the Overland Park Municipal Code.
2. B.
   The provisions contained in this Chapter are supplementary to and are not intended to exempt or interfere with the duties, responsibilities, enforcement or interpretation of any other ordinance or law concerning property maintenance, Right-of-way or the removal of vegetation, including, but not limited to, weeds, woody vines, brush, grass and uncultivated plants listed in Chapter 7.20 of the Overland Park Municipal Code.

(History: Ord. TP-3025 §13, 2014; TP-2032 §11, 97; TP-1289 §14, 85)

Effective on: 1/1/1901

7.20.100 Title.

Overland Park Municipal Code Sections 7.20.100 through 7.20.200, inclusive shall be known as the Weed and Vegetation Enforcement Act.

(History: Ord. NU-2939 §1, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.110 Purpose, Objectives, and Findings.

1. A.
   The purpose of the Weed and Vegetation Enforcement Act is to:

   1. 1.
      Prohibit the growth of Noxious Weeds, Uncontrolled growth of Invasive Species, and encourage the preservation, planting, and maintenance of Native Plants;  
   2. 2.
      Require reasonable Control and action to:

      1. a.
         Prevent the Excessive Growth of Vegetation;
      2. b.
         Eradicate Noxious Weeds;
      3. c.
         Eradicate Poisonous Plants to the Touch; and
      4. d.
         Prevent the growth of Invasive Plants that are not properly Controlled.
   3. 3.
      Provide a method of enforcement of violations of this Chapter;
   4. 4.
      Provide procedures to notify the Owner, Occupant or Agent of the property that a violation of this Chapter exists and to allow for self-abatement by such Persons;
   5. 5.
      Provide the Owner, Occupant or Agent an opportunity to be heard concerning violations of this Chapter;
   6. 6.
      Provide procedures to allow the City to abate the violation should the Owner, Occupant or Agent fail to timely act;
   7. 7.
      Provide a method of assessing or collecting costs for such abatement by the City; and
   8. 8.
      Establish that violations of this Chapter are unlawful and to provide penalties for enforcement through the Municipal Court system.
2. B.
   The objectives of the Weed and Vegetation Enforcement Act are to:

   1. 1.
      To enhance the City's environmental health by promoting plants that are native to the region; 
   2. 2.
      To protect the City’s environmental health by prohibiting plants that are likely to cause environmental harm or harm to human health;
   3. 3.
      To require control and action to prevent the Excessive Growth of Vegetation, eradicate Noxious Weeds, and Poisonous Plants to the Touch, and prevent the spread of Invasive Plants.
3. C.
   The Governing Body hereby finds that:

   1. 1.
      Excessive Growth of Vegetation;
   2. 2.
      Noxious Weeds;
   3. 3.
      Poisonous Plants to the Touch; and
   4. 4.
      The growth of Invasive Plants are all a public nuisance that degrade natural and maintained landscape areas, displace native plant species, increase erosion, destroy wildlife habitat, and/or adversely affect public health, safety or welfare; and that allowing them to proliferate creates short- and long-term impacts on the area including the diminution of property values and the integrity of the neighborhood; and interferes with the orderly development and use of property in the City.

(History: Ord. NU-3437 §1, 2023; Ord. NU-2939 §2, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.120 Definitions.

For the purposes of this Chapter, the following definitions shall apply:

7.20.130 Violations; Responsibility to Abate.

1. A.
   It shall be unlawful for any Owner, Occupant or Agent of property to allow on said property any:

   1. Excessive Growth of Vegetation;

   2. Noxious Weeds;

   3. Poisonous Plants to the Touch; or

   4. Invasive Plants that are not properly Controlled.

   Such prohibition shall include any areas between the property lines of said property and the center line of any adjacent street or alley, including, but not specifically limited to, sidewalks, streets, alleys, easements and rights-of-way. Any violation of this Section is hereby declared a nuisance, and is subject to abatement and prosecution as hereinafter provided.

2. B.
   The Owner, Occupant or Agent shall be responsible for the abatement of any violation of this Section. Further, it is the responsibility of the Owner, Occupant or Agent to clearly mark, stake out, or otherwise distinguish between trees, bushes, shrubs, flowers, and ornamental or garden plants, or any Controlled Invasive Plants, as compared to any Excessive Growth of Vegetation, any Noxious Weeds, any Poisonous Plants to the Touch, or any uncontrolled growth of Invasive Plants in the surrounding area.
3. C.
   Vegetation which constitutes one of the following shall not be deemed a violation under A.1. of this Section:

   1. 1.
      Planned Sustainable Landscape,
   2. 2.
      Controlled ornamental or food producing garden;
       

Provided such vegetation does not encroach on adjacent property.

(History: Ord. NU-2939 §4, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.140 Public Officer; Notice of Violation; Hearing.

1. A.
   The City Manager shall designate a public officer(s) to administer and enforce this Chapter. If it is determined that a violation of this Chapter exists, the public officer shall file a written report with the City, and shall direct that a notice of violation be sent to the Owner, Occupant or Agent of the property; provided, however, if a violation was previously issued within the same calendar year of the violation, no further notice is required prior to any abatement action by the City.
2. B.
   The notice of violation shall be sent by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the Owner is a nonresident, such notice shall be sent by certified mail, return receipt requested, to the last known address of the Owner. In cases where the Owner is unknown or is a nonresident, and there is no resident agent, then the City Clerk shall publish the notice of the violation in the official City newspaper.
3. C.

   The notice of violation shall state:

   1. A common or legal description of the property where the violation exists;

   2. That the property is in violation of the Weed and Vegetation Enforcement Act;

   3. A description of the violation that would reasonably allow the Owner, Occupant or Agent to determine the nature of the violation to allow for self-abatement;

   4. That the violation must be abated by the Owner, Occupant or Agent within ten (10)​​​​​​​ days from the date of the mailing of the notice of violation; or within ten (10) days of publication if publication was deemed necessary;

   5. That, prior to the expiration of the notice period, the Owner, Occupant or Agent may request in writing a hearing before the hearing officer;

   6. That the failure to comply with the notice of violation shall result in the City abating the violation, with the assessment of costs of abatement​​​​​​​ (including a reasonable administrative fee and the cost of all notice) made against the property and the Owner, Occupant or Agent;

   7. That payment of the assessment of costs is due and payable within thirty (30) days of the notice of assessment, or the assessment will be added to the property tax as a special assessment, as provided for by K.S.A. 12-1617e, as may be amended. And further, the City may also pursue collection by seeking a personal judgment against the Owner, Occupant or Agent in Johnson County District Court, as provided for by K.S.A. 12-1,115, as may be amended;

   8. That no further notice is required to be given by the City prior to the abatement of any additional violations on the property for one (1) year from the date of the notice of violation, and that any additional costs will be assessed in the same manner.

   9. That separate from and independent of any abatement of the violation by the City, such violations are also subject to prosecution in the Overland Park Municipal Court.

4. D.
   If the recipient of the notice of violation makes a written request for a ​​​​​​​hearing within the notice period, the City shall schedule a hearing during a regular business day within ten (10) calendar days from the receipt of the request. The hearing shall be conducted by a designated hearing officer who is not a subordinate of the public officer who issued the notice of violation or conducted the investigation. The hearing officer shall receive evidence, review the investigation, and prepare a written order. The order shall be sent to all relevant parties within ten (10) days of the hearing, unless otherwise stated at the hearing, and prior to the City taking any action to abate the violation. The order shall state the relevant facts and the specific code provisions relied upon, and any other stipulations, methods of abatement, or orders as deemed necessary by the hearing officer.
5. E.
   If the public officer determines that a violation of this Chapter exists, the public officer may issue a Notice to Appear in Municipal Court for such violation. Such prosecution shall be separate and independent of any abatement action, and no other procedures are required as a prerequisite to the issuance of a Notice to Appear.

(History: Ord. NU-3437 §4, 2023; ​​​​​​​Ord. NU-2939 §5, 2011; NU-2042 § 1, 97; NU-2033 § 1, 97; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.150 Abatement by City; Notice of Costs; Assessment and Collection.

1. A.
   If the Owner, Occupant or Agent fails to request a hearing and or fails to self-abate the violation within the notice period, the City may ​​​​​​​enter​​​​​​​ onto the property to abate the violation in a reasonable manner. The City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property, or for damages to property in the reasonable exercise of its duty to abate the violation. The City may use its own employees or contract for services to abate the violation. Any authorized officer or agent of the City may relocate or remove any trash, debris, limbs or brush, building materials or other such items if such relocation or removal is reasonably necessary to abate the violation.
2. B.
   If the City abates the violation, it shall provide a notice of costs to the Owner, Occupant or Agent by certified mail, return receipt requested, at the last known mailing address. If the property is vacant or unoccupied, the notice of costs shall also be posted on the property in a reasonable manner. The notice of costs shall state:

   1. The common or legal description of the property, or both;

   2. The nature of the violation, including relevant ordinances;

   3. The nature of the work performed to abate the violation;

   4. The costs incurred for the abatement of the violations in either a lump sum or in itemized form;

   5. That the notice is a demand for payment within thirty (30) days from the date of the notice;

   6. That failure to pay the entire amount within thirty (30) days shall allow the City to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;

   7. That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys' fees when applicable, and interest; and

   8. That payments shall be made by check or money order made payable to the City, with no post-dating of the check, and sent to the address stated within the notice, with a written indication of the purpose for the payment and the address of the property where the violations occurred. Partial payments will not be accepted and shall be considered as non-payments.

3. C.
   If the payment of costs is not made within the thirty (30) day period, the City may file an affidavit of pending action with the Johnson County, Kansas Department of Records and Tax Administration with respect to the aforesaid costs. In addition, the City Clerk shall certify the aforesaid costs at the time of certifying other City taxes to the County Clerk, and the County Clerk shall extend the same on the tax roll of the County against the property, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid.

   Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as may be amended, by bringing an action in the appropriate court as a personal debt.

   The City may pursue both assessment and collection at the same time until the full cost, including applicable interests, court costs, attorneys’ fees, and administrative costs have been paid in full (Ref. K.S.A. 12-1617f, as may be amended).

(History: Ord. NU-3437 §5, 2023; ​​​​​​​Ord. NU-2939 §6, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.160 Reserved.

 Reserved. 

(History: Ord. NU-3437 §6, 2023; Ord. NU-2939 §7, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.170 Right of Entry; Unlawful Interference.

1. A.
   Any authorized officer or agent of the City, pursuant to this Chapter, shall be allowed to enter onto any property within the City limits to investigate violations of this Chapter or for the abatement of violations pursuant to this Chapter.
2. B.
   It shall be unlawful for any Person to interfere with a public officer or agent of the City in performing his or her duties pursuant to this Chapter whether investigating or abating violations.
3. C.
   Any Person who interferes with an officer or agent of the City pursuant to this Chapter shall be punished as provided in Section 1.12.010 of this Code.

(History: Ord. NU-2939 §8, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.180 Penalty.

1. A.
   Any Owner, Occupant or Agent in violation of this Chapter shall be subject to prosecution in the Overland Park Municipal Court. Any Person found guilty of violating the provisions of this Chapter shall be subject to a fine up to $500.00 and not more than ten (10) days in jail, or both a fine and jail sentence. Any Person found guilty of this Chapter two (2) or more times within any one-year period​​​​​​​ shall be fined not less than $250.00 nor more than $500.00 and shall be subject to a sentence not to exceed ten (10) days in jail, or both a fine and a jail sentence.
2. B.
   Prosecution of any offender under this Chapter does not limit the City’s right to pursue assessment or collection of costs as stated in this Chapter, or by other laws.
3. C.
   Each day that any violation of this Chapter shall continue shall constitute a separate offense.

(History: Ord. NU-3437 §7, 2023; ​​​​​​​Ord. NU-2939 §9, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.190 Exceptions.

This Chapter shall not be made applicable to:

1. A.
   Land zoned where agricultural uses are a permitted use if such tract is one (1) contiguous tract, not intersected by any public roadway and is greater than twenty (20) acres if undeveloped and contiguous to other such undeveloped tracts where the total acreage of all undeveloped tracts exceeds twenty (20) acres;
2. B.
   Undeveloped tracts of land zoned where agricultural uses are not a permitted use if such tract is one (1) contiguous tract, not intersected by any public roadways and is greater than twenty (20) acres;
3. C.
   For the tracts of land identified in subsections A and B:

   1. 1.
      Such tracts shall not allow any Excessive Growth of Vegetation and/or growth of agricultural crops within thirty (30) feet of the edge of the street or curb adjacent to any other roadway or the property line of any property being used for residential or commercial purposes. 
   2. 2.
      For tracts zoned other than for agricultural uses, where the City determines that any Excessive Growth of Vegetation creates or enhances an identifiable health or safety problem, the procedures shall be followed as provided in this Chapter for the abatement of such Excessive Growth of Vegetation.
4. D.
   Public parks, public golf courses, public natural preservation areas, public open space, public wildlife preservation areas, designated stream corridor areas, inaccessible public creek areas, and stormwater treatment facilities utilizing native vegetation as required by Chapter 16.210 of this Code (as may be amended); provided, however, where the City determines that any Excessive Growth of Vegetation in such areas creates or enhances an identifiable health or safety problem, the City shall take such action as it deems necessary to mitigate such problem, consistent with the public interest in maintaining and protecting such areas.
5. E.
   Planned Sustainable Landscape areas that meet the following criteria: 

   1. 1.
      The owner is responsible for ensuring that all landscape material in a Planned Sustainable Landscape is maintained in a healthy condition and managed so as not to include unintended vegetation. 
   2. 2.
      The Planned Sustainable Landscape cannot contain Invasive Plants which are not Controlled, turf grass, or any Noxious Weeds.
   3. 3.
      The landscape boundaries are clearly defined through edging or containment and no vegetation is encroaching onto a neighboring property.
   4. 4.
      The Planned Sustainable Landscape meets the following setback requirements:

      1. a.
         Three feet from side and/or rear lot lines running the length of the property
      2. b.
         No setback is required on side or rear lot lines where the defined landscape area abuts another similar private or public landscape area, or if a solid fence at least four feet in height is installed along the lot line adjoining the planned landscape​​​​​​​ 
6. F.
   Any tract or combination of tracts as determined by the Director of Planning and Development Services, or his or her designee, to meet the intent of the exceptions identified in subsections A-D.

(History: Ord. NU-3437 §8, 2023; ​​​​​​​Ord. NU-2939 §10, 2011; NU-2667 § 1, 2008; NU-2389 § 1, 2002; NU-1905 § 1, 94; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.200 Severability.

If any section, subsection, paragraph, sentence, clause or phrase in this Chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Chapter or any part thereof.

(History: Ord. NU-2939 §11, 2011; NU-1376 §1, 86)

Effective on: 1/1/1901

7.20.210 Title; Definitions; Applicability of Other Provisions. (Expired)

Expired.

(History: Ord. NU-1974 §1, 96; NU-1922 §1, 95; NU-1850 §1, 94; NU-1781 §1, 93)

Effective on: 1/1/1901

7.20.220 Excessive Growth Unlawful; Responsibility to Abate. (Expired)

Expired.

(History: Ord. NU-1974 §2, 96; NU-1922 §2, 95; NU-1850 §2, 94; NU-1781 §2, 93)

Effective on: 1/1/1901

7.20.230 Notice. (Expired)

Expired.

(History: Ord. NU-1974 §3, 96; NU-1922 §3, 95; NU-1850 §3, 94; NU-1781 §3, 93)

Effective on: 1/1/1901

7.20.240 Notice of Abatement; Hearing; Designated Officer. (Expired)

Expired.

(History: Ord. NU-1974 §4, 96; NU-1922 §4, 95; NU-1850 §4, 94; NU-1781 §4, 93)

Effective on: 1/1/1901

7.20.250 Abatement; Assessment of Costs. (Expired)

Expired.

(History: Ord. NU-1974 §5, 96; NU-1922 §5, 95; NU-1850 §5, 94; NU-1781 §5, 93)

Effective on: 1/1/1901

7.20.260 Expiration Date. (Expired)

Expired.

(History: Ord. NU-1974 §6, 96; NU-1922 §6, 95; NU-1850 §6, 94; NU-1781 §6, 93)

Effective on: 1/1/1901

7.22.010 Legislative Findings.

The Governing Body finds that the types of vehicles that are parked or stored, the location on a particular site of such parking or storage, and the condition of the vehicles which are parked or stored has a direct effect on the health, safety and general welfare of the Residents of the City. The Governing Body finds that the improper or inappropriate storage or parking of vehicles can be unsafe, unsanitary and unsightly, and that such conditions constitute a blight on surrounding properties. The Governing Body further finds that in order to prevent such blight, stabilize the value of surrounding properties, and minimize threats to the public safety and general welfare of the Residents of the City, it is hereby deemed necessary to regulate the manner in which vehicles are parked or stored, the types of vehicles that are parked or stored, and the location of such parking or storage.

(History: Ord. PMV-2881 §1, 2010; PMV-1900 §1, 95)

Effective on: 1/1/1901

7.22.020 Scope.

The provisions of this Chapter shall apply to all lands within the corporate boundaries of the City of Overland Park unless specifically excepted.

(History: Ord. PMV-2881 §2, 2010; PMV-1900 §2, 95)

Effective on: 1/1/1901

7.22.030 Definitions.

The following words and phrases shall be defined as follows for the purpose of this Chapter:

7.22.040 Inoperable Vehicles.

1. A.
   Except as provided below, it is unlawful for any Property Owner to park or store, or allow the parking or storage of, an Inoperable vehicle on such property unless it is enclosed within a garage or other building.
2. B.
   Except as provided below, it is unlawful for any Resident or Tenant with control of a property to park or store, or allow the parking or storage of, an Inoperable vehicle on such property unless it is enclosed within a garage or other building.
3. C.
   Except as provided below, it is unlawful for any Vehicle Owner to park or store, or allow the parking or storage of, such vehicle in an Inoperable condition unless it is enclosed within a garage or other building.
4. D.
   The provisions of this Section shall not apply where there is only one Inoperable vehicle on the property and where the vehicle is Inoperable for a period of fifteen consecutive days or less.
5. E.
   The provision of this Section shall not apply to any person, firm or corporation, or their agent, who is conducting a business enterprise concerned with the repair, sale or storage of vehicles in compliance with the existing Zoning Ordinance.
6. F.
   The provisions of this Section shall not apply to those properties annexed into the City by either Ordinance No. A-2367 or Ordinance No. A-2719 that have a zoning designation based on the Johnson County Zoning Regulations.

(History: Ord. PMV-2881 §4, 2010; PMV-2695 §1, 2008; PMV-2401 §1, 2002; PMV-1900 §4, 95)

Effective on: 1/1/1901

7.22.050 Proof of Operability.

When, after reasonable investigation, the City Officer believes a vehicle meets the definition of an Inoperable vehicle in Section 7.22.030, the vehicle shall be deemed to be an Inoperable vehicle subject to the provisions of Section 7.22.040.

Where a vehicle is (1) parked or stored in a Residential Zoning District so that it is visible from a public or private street, or from adjacent private property with the permission of the adjacent Property Owner; and (2) the license plate of such vehicle is screened from view by an adjacent structure or vegetation, or by a cover, tarp or similar object, then the vehicle shall be deemed to be an Inoperable vehicle subject to the provisions of Section 7.22.040.

In both cases, such a determination may be voided if the Property Owner, Vehicle Owner or Resident demonstrates to the City Officer that the vehicle is operable on a public street and furnishes proof that the vehicle has a license plate and current registration as required for operation of the vehicle on public streets and highways. Such demonstration or proof shall be provided to an authorized Officer of the City within fifteen days from the date when a notice of violation was first given to the Property Owner, Vehicle Owner or Resident. It shall be a violation of this Section to fail to provide such demonstration of operability or proof of registration within the specified time whether or not said vehicle is operable or legally registered.

For the purposes of this Section, a vehicle shall be considered visible, even if covered, if the shape of the covered object is recognizable as a vehicle. Any covered object not recognizable as a vehicle shall be governed by the storage of useful items provisions of the Municipal Code.

(History: Ord. PMV-2881 §5, 2010; PMV-1900 §5, 95)

Effective on: 1/1/1901

7.22.060 Parking on Unpaved Surfaces.

1. A.
   No Vehicle Owner, Property Owner, Resident or Tenant shall allow a vehicle to be parked or stored outside of a building on any surface other than a Paved Driveway or a Paved Parking Area.
2. B.
   This Section shall not apply to agricultural equipment parked on property used primarily for agricultural purposes; to Recreational Vehicles, boats or Hauling Trailers parked in compliance with the provisions of this Chapter; or to temporary events where parking on unpaved surfaces has been specifically approved by the City through a special event permit.
3. C.
   This Section shall not apply to those properties that have a zoning designation based on the Johnson County Zoning Regulations.

(History: Ord. PMV-2881 §6, 2010; PMV-1900 §6, 95)

Effective on: 1/1/1901

7.22.070 Commercial and Other Vehicles in Residential Zoning Districts.

1. A.
   In Residential Zoning Districts, the following limitations shall apply:

   1. 1.
      No Vehicle Owner, Property Owner, Resident or Tenant shall park or store a Commercial Vehicle or Former Military Vehicle on a public street, private street or on private property in a Residential Zoning District.
      
            Exemptions:  

      1. a.
         Commercial Vehicles that are part of a lawfully permitted or approved construction project actively underway.
      2. b.
         Commercial Vehicles used in making service calls, deliveries or engaged in legitimate loading or unloading activities.
   2. 2.
      Notwithstanding the above prohibitions, flatbed trucks with or without sidewalls, and Pickup Trucks with a bed and sidewalls different from the traditional pickup bed and sidewalls may be eligible to receive a written administrative approval to allow parking and storage in a residential area if an application is received by the City within five days from the date of a written inspection notice from an authorized City Officer and permitted if it is demonstrated to an Officer of the City that:
   3. 3.
      1. a.

         The length of the vehicle does not exceed 20 feet;

      2. b.

         The width of the vehicle does not exceed 8 feet;

      3. c.

         The height of the vehicle does not exceed 8 feet;

      4. d.

         The top of the highest sidewall is not more than 3 feet above the bed; and

      5. e.

         There is no permanently mounted equipment, such as aerial buckets or platforms, welding equipment, mechanical or hydraulic devices designed to assist in loading and unloading freight;

      6. f.

         Said parking and storage would otherwise comply with all applicable laws, rules and regulations.

1.   
   1.   

      Parking or storage of flatbed trucks with or without sidewalls, and Pickup Trucks with a bed and sidewalls different from the traditional pickup bed and sidewalls, without a lawful written administrative approval, is prohibited.

2. B.
   It shall be unlawful for any Property Owner, Resident, Tenant or Vehicle Owner, agent, operator, or person in charge of any Former Military Vehicle to permit a Former Military Vehicle to be parked, stored or kept on private property in a Residential Zoning District. Each day that a violation of this Section occurs shall be considered a separate violation. The Director may, upon a request submitted in writing, evaluate the original intended use of a particular Former Military Vehicle, the absence or presence of military design, markings, equipment, attachments, modifications, and any other relevant factors, and make a determination in writing that the vehicle is so substantially similar in appearance and function to an ordinary Passenger Vehicle, and suitable for being parked in a residential area, for the vehicle to be exempt from the provisions of this Section and to be subject to the parking regulations applying to a Passenger Car, Passenger Van, Pickup Truck and Motorcycle rather than a Former Military Vehicle. Any alteration of the vehicle after obtaining such a written determination shall void the determination that the vehicle is exempt from this Section.
3. C.
   This Section shall not apply to the parking of a Passenger Car, Passenger Van, Pickup Truck or Motorcycle as a lawful accessory use to a lawful residential use; agricultural equipment parked on property used primarily for agricultural purposes; to Recreational Vehicles, boats or Hauling Trailers parked in compliance with the provisions of this Chapter; to vehicles parked in conjunction with a legal, non-residential use other than a home occupation; or to land that is subject to a special use permit for a non-residential use.
4. D.
   This Section shall not apply to those properties that have a zoning designation based on the Johnson County Zoning Regulations.
5. E.
   No Specially Constructed Vehicle shall be parked or stored lawfully under this Section unless the owner has previously obtained a written administrative approval from an authorized City Officer based on a determination by said Officer that such vehicle is substantially similar to other vehicles permitted under this Section and complies with the intent and purpose of these regulations.
6. F.
   All vehicles must be parked or stored on the principal legal residence of the registered owner of the vehicle. If the vehicle in question is not required or permitted to be registered, sufficient documentation of ownership must be presented to and approved by the City upon request.

(History: Ord. PMV-3351 §2, 2021; Ord. PMV-2921 §1, 2011; PMV-2881 §7, 2010; PMV-2833 §1, 2009; PMV-2577 §2, 2008; PMV-1962 §1, 95; PMV-1953 §1, 95; PMV-1900 §7, 95)

Effective on: 1/1/1901

7.22.080 Recreational Vehicles, Boats and Hauling Trailers.

1. A.
   Any parking or storage of Recreational Vehicles, boats and Hauling Trailers, not screened from view from any public right-of-way or adjacent property by a wall or fence that is not specifically permitted by this Section is prohibited. When approved by the Director, mature landscaping material may be substituted for a wall or fence. Any modification to an existing fence shall be subject to a fence permit and a determination by the Director whether the proposed fence modifications are compatible with the existing fence. Refer to Section 18.390.140 Development and Performance Standards for fences and walls.
2. B.
   Each residence is permitted, subject to the restrictions specified in this Section, to park or store, behind a wall or fence, any combination of the following: a boat, with or without a boat Trailer: a Folding Camper Trailer; a Truck Camper; a Travel Trailer; a Fifth-wheel Trailer; a Hauling Trailer; and/or a Motorized RV. Screening shall be subject to the following provisions:

   1. 1.
      The parking and storage of permitted items shall be behind the Front Surface of a Residence, in the side or rear yards.
   2. 2.
      The parking and storage of permitted items shall occupy no more than 20% of the allowable outside storage area.
   3. 3.
      Only one permitted item is approved to be visually seen above a wall or fence by a person standing on a street or other property at ground level. The amount of projection above the fence shall not exceed 25% of  the total height of the fence or wall.  
   4. 4.
      The parking and storage of permitted items shall be at least 3 feet from the side or rear property lines.
3. C.
   Such parking or storage of a boat, with or without a boat Trailer, a Folding Camper Trailer, Truck Camper, Travel Trailer, Fifth-wheel Trailer, a Motorized RV, or a Hauling Trailer shall be subject to the following restrictions:

   1. 1.
      Storage or parking areas are not required to be paved; provided, however, that any boat, Recreational Vehicle or Hauling Trailer must be parked or stored, or driven to and from said parking or storage area, on a dust-free and rut-free surface, including, without being limited to, any such areas covered with grass, ground cover, water-permeable grass pavers, cement, asphalt or other similar ground cover. Parking, storage or driving on gravel or exposed dirt is prohibited; provided, however, driving on a gravel driveway that has been previously established as a lawful nonconforming use as permitted.  
   2. 2.
      Any boat, Recreational Vehicle or Hauling Trailer parked or stored must be operable, not leaking fluids and maintained in a clean, well-kept state that does not detract from the appearance of the surrounding area.
   3. 3.
      All vehicles must be parked or stored on the principal legal residence of the registered owner of the vehicle. If the item is not required or permitted to be registered, sufficient documentation of ownership must be submitted to and approved by the City upon request. 
4. D.
   The following is an exception to the above requirement: 

   1. 1.
      The Director may approve the parking or storage of a boat, with or without a boat Trailer and may approve the parking, storage, and, notwithstanding any other provisions to the contrary, the temporary overnight living occupancy of a Folding Camper Trailer, Truck Camper, Travel Trailer, Fifth-wheel Trailer, Hauling Trailer or Motorized RV on a Paved Driveway between the street and a residence, if the following requirements are met:

      1. a.
         The vehicle is owned or leased by a visitor to the residence and the owner of the residence has applied to the Director and received a permit to park said vehicle on the driveway. 
      2. b.
         The period of time for the vehicle parking or storage is specified and approved as a part of the permit. 
      3. c.
         No equipment on the vehicle, such as a generator, that creates noise in violation of 7.08 Noise shall be operated, nor shall the engine be idled, while the vehicle is parked on the Paved Driveway. 
      4. d.
         The vehicle shall not obstruct the sidewalk or street.
      5. e.
         The vehicle meets the condition requirements for vehicles stated previously in this Section.
      6. f.
         The permit may be revoked for any violation of these conditions or any other applicable law, ordinance or regulation. 
5. E.
   The Director may approve the parking or storage, or an alternative location or screening for items that do no meet the restrictions set out above. Such approval shall be accompanied by a screening plan designed to meet the above restrictions and minimize the impact of the exception on the surrounding properties. Such approval shall be valid only as long as the screening specified in the plan is in place and maintained in good condition. 
6. F.
   This Section shall not apply to those properties that have a zoning designation based on the Johnson County Zoning Regulations. 
7. G.
   This Section shall not apply to the parking of a Passenger Car, Passenger Van, Pickup Truck or Motorcycle, not otherwise included with the definition of a Recreational or Commercial Vehicle, as a lawful accessory use to the lawful residential use. 
8. H.
   Exceptions - The prohibition of the storage or parking of a boat, with or without a boat Trailer, Folding Camper Trailer, Truck Camper, Travel Trailer, Fifth-wheel Trailer, Motorized RV or Hauling Trailer shall not apply under the following circumstances: 

   1. 1.
      The otherwise prohibited item was in lawful ownership of a Resident of the City prior to January 1, 2022; and
   2. 2.
      The otherwise prohibited item was lawfully stored or parked at the owner's residence within the City prior to January 1, 2022; and
   3. 3.
      That item, after January 1, 2022, is parked and stored in as full compliance with the requirements of this Section as feasible, as determined by the Director. 
   4. 4.
      The exceptions set forth in this subsection shall not apply to parking or storage of items in the rear yard that were previously permitted to be parked or stored unscreened from view prior to January 1, 2022.
   5. 5.
      These exceptions to the prohibition specified in subsections 1-3 above shall terminate upon death or relocation of the current owner and shall not pass with any transfer of title or by will or other succession. These exceptions shall also terminate upon the sale, transfer or end of the useful life of the nonconforming item. 
9. I.
   The provisions of this Section shall not apply to any property that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such property is rezoned.  

(History: Ord. PMV-3351 §3, 2021; Ord. PMV-2881 §8, 2010; PMV-2736 §1, 2008; PMV-2577 §3, 2008; ROCR-2245 §10, 2001; PMV-1965 §1, 96; PMV-1900 §8, 95)

Effective on: 1/1/1901

7.22.085 Time Restriction on Outside Automobile Repairs.

1. A.
   Except as provided in subsection (B) below, it shall be unlawful for any person to perform or allow the performance of any Automobile Repairs, as defined herein, on any residentially zoned or used property between the hours of 10 P.M. and 7 A.M.
2. B.
   The following activities shall be exempt from this time restriction:

   1. 1.
      Automobile Repairs that are allowed as a matter of right in the zoning district regulations or have been specially permitted under the applicable provisions of the Unified Development Ordinance; provided, however, that accessory uses in residentially used property shall not be exempt.
   2. 2.
      Emergency repair or replacement of a flat tire or dead battery.
   3. 3.
      Automobile Repairs conducted entirely within an Enclosed Building, as defined herein and conducted in conformity with all other applicable codes and ordinances.

(History: Ord. PMV-2881 §9, 2010; PMV-2109 §2, 98)

Effective on: 1/1/1901

7.22.090 Vehicles as Living Quarters.

No vehicle, motor home, camping Trailer, pickup camper, Recreational Vehicle, or similar item shall be used as living quarters within the boundaries of the City of Overland Park unless such vehicle is parked in an area specifically approved by the Governing Body as a campground or as a location for temporary or emergency housing.

(History: Ord. PMV-2881 §10, 2010; PMV-1900 §9, 95)

Effective on: 1/1/1901

7.22.100 Severability.

If any word, phrase, sentence or Section of this Chapter, or the application thereof to any person or circumstances, is held to be invalid, the invalidity shall be deemed not to affect other provisions or applications of the Chapter which can be enforced without the invalid provision or application, and to this end the provisions of this Chapter are severable.

(History: Ord. PMV-2881 §11, 2010; PMV-1900 §10, 95)

Effective on: 1/1/1901

7.22.110 Penalty.

The violation of any provision of this Chapter is a public offense and any person, firm, association, partnership or corporation convicted thereof shall be punished as provided in Section 1.12.010. Each day that any violation of this Chapter shall continue shall constitute a separate offense. Prosecution of any violation as a public offense pursuant to this Section may be in addition to, or as an alternative to, any other remedy or course of action available to the City.

(History: Ord. PMV-2881 §12, 2010; PMV-1900 §11, 95)

Effective on: 1/1/1901

7.25.100 Incorporation

There is incorporated by reference, for the purpose of adopting regulations, provisions, conditions, terms, and specifications governing the conditions and maintenance of all structures and premises within the City, the 2018 International Property Maintenance Code (the “International Property Maintenance Code”), as published by the International Code Council, Inc., excepting and including such parts or portions thereof as are specifically deleted, amended, replaced or supplemented in Overland Park Municipal Code Chapter 7.25. At least one copy of the International Property Maintenance Code shall be marked “Official Copy as Incorporated by Ordinance No. PM-3289, to which shall be attached a copy of the ordinance codified herein, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with the enforcement of the ordinance shall be supplied at the cost of the City such number of official copies of such ordinance as may be deemed expedient.

(History: Ord. No. PM-3289 §2, 2020)

Effective on: 1/1/1901

7.25.101.1

These regulations shall be known as the International Property Maintenance Code of the City of Overland Park, Kansas, hereinafter referred to as “this Code.”

(History: Ord. No. PM-3289 §3, 2020) 

Effective on: 1/1/1901

7.25.101.2 Purpose and Scope

101.2.1  Purpose.  The Governing Body finds that there exists within the City conditions of structures and premises which are dangerous or injurious to the health, safety or general welfare of the occupants of such structures and premises or other residents of the City or which have a blighting influence on the properties in the area. Such conditions include the following, without limitation: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation; air pollution; light or sanitary facilities; dilapidation; disrepair; structure defects; uncleanliness; overcrowding; inadequate ingress and egress; dead and dying trees, limbs or other unsightly natural growth and unsightly appearances that constitute a blight to adjoining property, the neighborhood or the City; walls, sidings or exteriors of a quality and appearance not commensurate with the character of the properties in the neighborhood; unsightly stored or parked material, equipment, supplies and machinery and vermin infestation; inadequate drainage; or any violation of health, fire, building or any other laws or regulations relating to the use of land and the use and occupancy of the buildings and improvements.

The Governing Body further finds that any of the foregoing conditions render such structures or premises unsafe, unsanitary or dangerous or detrimental to the health, safety or morals, or otherwise inimical to the welfare of the residents of the City.

101.2.2  Scope. The provisions of this code shall apply to all existing residential and nonresidential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for reasonable level of sanitary maintenance; the responsibility of owners, an owner’s authorized agent, operators and occupants; the occupancy of existing structures and premises, and for administration, enforcement and penalties.

(History: Ord. No. PM-3289 §4, 2020)

Effective on: 1/1/1901

7.25.102.3 Application of other codes.

Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the Building Code of the City of Overland Park, Kansas, as set forth in OPMC Chapters 16.100 through 16.180. Nothing in this Code shall be construed to cancel, modify or set aside any provisions of Titles 7 or 18 of the Overland Park Municipal Code.

(History: Ord. No. PM-3289 §5, 2020)

Effective on: 1/1/1901

7.25.102.5 Workmanship

Repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s instructions. Repairs made to exterior walls, roofs, doors and windows shall be made of materials that are compatible with the existing material unless otherwise approved by the Code Official.

(History: Ord. No. PM-3289 §6, 2020)

Effective on: 1/1/1901

7.25.103.2 Appointment

Except where otherwise specifically provided in this ordinance, the Director of Planning and Development Services shall be the administrative official charged with interpreting and enforcing the provisions of this code. The Director of Planning and Development Services shall be known as the Code Official, and such term shall include the Director’s authorized representatives. Further, whenever the terms or title “administrative authority,” “code enforcement officer,” “responsible official,” “building official,” “director,” “public officer” or other similar designation is used in this code or any adopted standard, it shall be construed to mean the Director of Planning and Development Services.

(History: Ord. No. PM-3289 §7, 2020)

Effective on: 1/1/1901

7.25.103.5

Section 103.5 of the International Property Maintenance Code is hereby omitted.

(History: Ord. No. PM-3289 §8, 2020)

Effective on: 1/1/1901

7.25.106.4 Violation Penalties

Any person who violates a provision of this Code, or fails to comply with therewith, or with any of the requirements thereof, shall be subject to penalties as prescribed by law, or other references incorporated, is guilty of a public offense, punishable as provided in OPMC Section 1.12.010.

(History: Ord. No. PM-3289 §9, 2020)

Effective on: 1/1/1901

7.25.106.5 Abatement of violation

If the owner fails to timely comply with a notice of violation, the Code Official may (but is not required to) take such action as is reasonably necessary to abate the violation. Neither the Code Official nor the City shall be responsible for damage to the premises due to any reasonable exercise of abatement. The Code Official may use City's employees or contract for services to abate the violations.

106.5.1 Notice of Costs and Assessment. If a violation is abated, the Code Official shall, in the manner prescribed in Section 107.3, provide the owner or person responsible a notice of costs providing:

1. 1.
   A description of the real estate sufficient for identification.
2. 2.
   The nature of the violation and the abatement work performed.
3. 3.
   The abatement costs incurred (including administrative costs).
4. 4.
   A demand for payment within 30 days from the date of notice.
5. 5.
   A statement that the failure to pay within 30 days will allow the City to file a tax lien against the premises or to pursue litigation for the recovery of costs.

If unpaid after 30 days of the notice of costs, the abatement costs shall be assessed as a special assessment against the premises, and a lien shall be placed on the premises. Thereafter, 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 the premises. Assessments under this section shall be superior to all liens except general tax liens. Provided the City may collect such costs in the manner provided at K.S.A. 12-1,115, by bringing an action in the appropriate court as a personal debt, and the City may pursue both assessment and collection until the full cost, including applicable interest, court costs, attorney's fees and administrative costs have been paid in full.

106.5.3 Impact on prosecution. The imposition of abatement shall not preclude any appropriate prosecution or penalties, nor shall the imposition of any prosecution or penalties preclude the Code Official from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.

(History: Ord. No. PM-3289 §10, 2020)

Effective on: 1/1/1901

7.25.108.8 Damage or loss to buildings or other structures.

Damage or loss to buildings or other structures shall comply with the provisions of Sections 108.8.1 through 108.8.11.

108.8.1 Scope and application.  The City is hereby authorized to utilize the procedures established by K.S.A. 40-3901 et seq., whereby no insurance company shall pay a claim of a named insured for loss or damage to any building or other structure located within the City, where the amount recoverable for the loss or damage to the building or other structure under all policies is in excess of 75% of the face value of the policy covering such building or other structure, unless there is compliance with the procedures set out in this Code.

108.8.2 Lien created.  There is hereby created a lien in favor of the City on the proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure located within the City, where the amount recoverable for all the loss or damage to the building or other structure under all policies is in excess of 75% of the face value of the policy(s) covering such building or other insured structure. The lien arises upon any unpaid tax, special ad valorem levy, or any other charge imposed upon real property by or on behalf of the City which is an encumbrance on real property, whether or not evidenced by written instrument, or such tax, levy, assessment, expense or other charge that has remained undischarged for at least one year prior to the filing of a proof of loss.

108.8.3 Same, encumbrances.  Prior to final settlement on any claim covered by Section 108.8.2, the insurer or insurers shall contact the County Treasurer, Johnson County, Kansas, to determine whether any such encumbrances are presently in existence. If the same are found to exist, the insurer or insurers shall execute and transmit in an amount equal to that owing under the encumbrances a draft payable to the County Treasurer, Johnson County, Kansas.

108.8.4 Same; pro rata basis.  Such transfer of proceeds shall be on a pro rata basis by all insurance companies insuring the building or other structure.

108.8.5 Procedure:

1. 1.
   When final settlement on a covered claim has been agreed to or arrived at between the named insured or insureds and the company or companies, and the final settlement exceeds 75% of the face value of the policy covering any building or other insured structure, and when all amounts due the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company or companies shall execute a draft payable to the Chief Financial Officer in an amount equal to the sum of 15% of the covered claim payment, unless the Code Official has issued a certificate to the insurance company or companies that the insured has removed the damaged building or other structure, as well as all associated debris, or repaired, rebuilt, or otherwise made the premises safe and secure.
2. 2.
   Such transfer of funds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the City shall be disbursed in accordance with the policy terms.
3. 3.
   Upon the transfer of funds as required by Section 108.8.1, the insurance company shall provide the City with the name and address of the named insured or insureds, the total insurance coverage applicable to said building or other structure, and the amount of the final settlement agreed to or arrived at between the insurance company or companies and the insured or insureds, whereupon the Code Official shall contact the named insured or insureds by certified mail, return receipt requested, notifying them that said insurance proceeds have been received by the City and apprise them of the procedures to be followed under this Ordinance.

108.8.6 Fund created; deposit of moneys.  The Chief Financial Officer is hereby authorized and shall create a fund to be known as the “Insurance Proceeds Fund.” All moneys received by the Chief Financial Officer as provided for by this Ordinance shall be placed in said fund and deposited in an interest-bearing account.

108.8.7 Building Inspector; investigation, removal of structure.

1. 1.
   Upon receipt of moneys provided for by this Ordinance, the Chief Financial Officer shall immediately notify the Code Official  of said receipt, and transmit all documentation received from the insurance company or companies to the Code Official .
2. 2.
   Within forty-five (45) days of the receipt of said moneys, the Code Official  shall determine, after prior investigation, whether the City shall instigate proceedings under the provisions of K.S.A. 12-1750 et seq., as amended.
3. 3.
   Prior to the expiration of the forty-five (45) days established by Section 108.8.7(2), the Code Official  shall notify the Chief Financial Officer whether proceedings will be initiated under K.S.A. 12-1750 et seq., as amended.
4. 4.
   If the Code Official  has determined that proceedings under K.S.A. 12-1750 et seq., as amended shall be initiated, the Code Official  will do so immediately but no later than forty-five (45) days after receipt of the moneys by the Chief Financial Officer.
5. 5.
   Upon notification to the Chief Financial Officer by the Code Official  that no proceedings shall be initiated under K.S.A. 12-1750 et seq., as amended, the Chief Financial Officer shall return all such moneys received, plus accrued interest, to the insured or insureds as identified in the communication from the insurance company or companies. Such return shall be accomplished within forty-five (45) days of the receipt of the moneys from the insurance company or companies.

108.8.8 Removal of structure excess moneys.  If the Code Official has proceeded under the provisions of K.S.A. 12-1750 et seq., as amended, all moneys in excess of that which is ultimately necessary to comply with the provisions for the removal of the building or structure, less salvage value, if any, shall be paid to the insured.

108.8.9 Same; disposition of funds.  If the Code Official, with regard to a building or other structure damaged determines that it is necessary to act under K.S.A. 12-1756, any proceeds received by the Chief Financial Officer under the authority of Section 108.8.5(1) relating to that building or other structure shall be used to reimburse the City for any expenses incurred by the City in proceeding under K.S.A. 12-1756. Upon reimbursement from the insurance proceeds, the Code Official  shall immediately affect the release of the lien resulting therefrom. Should the expenses incurred by the City exceed the insurance proceeds paid to the Chief Financial Officer under Section 108.8.5(1), the Code Official  shall publish a new lien as authorized by K.S.A. 12-1756, in an amount equal to such excess expenses incurred.

108.8.10 Effect upon insurance policies.  This Ordinance shall not make the City a party to any insurance contract, nor is the insurer liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.

108.8.11 Insurers; liability.  Insurers complying with this Ordinance or attempting in good faith to comply with this Ordinance shall be immune from civil and criminal liability and such action shall not be deemed in violation of K.S.A. 40-2404 and any amendments thereto, including withholding payment of any insurance proceeds pursuant to this Ordinance, or releasing or disclosing any information pursuant to this Ordinance.

(History: Ord. No. PM-3289 §11, 2020)

Effective on: 1/1/1901

7.25.109.1 Imminent danger.

When, in the opinion of the Code Official , there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Official  is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The Code Official shall cause to be posted at each entrance to such structure a notice reading as follows: “This structure is unsafe and its occupancy has been prohibited by the Code Official.” It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or demolishing the same. When the Code Official has determined that a structure is in danger of collapse or has suffered a partial collapse, and thus poses an imminent danger to life for those in proximity to the structure, the Code Official  is further authorized to order the immediate removal or demolition of the structure or portion thereof as authorized under K.S.A. 12-1756.

(History: Ord. No. PM-3289 §12, 2020)

Effective on: 1/1/1901

7.25.110 Demolition

110.1  Order of demolition.  The Code Official  shall order the owner of any premises upon which is located any structure, which in the Code Official  judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner’s option; or where there has been a cessation of normal construction of any structure for a period of more than two years, the Code Official  shall order the owner to demolish and remove such structure, or board up until further repair. Boarding the building up for future repair shall not extend beyond one year, unless approved by the Code Official .

110.1.1  Enforcement.  If the Code Official determines that a violation of Section 110.1 exists, a Notice to Appear in Municipal Court may be issued for such violation. No other procedures, including the adherence to the provisions of Section 110.3, are required as a prerequisite to the issuance of a Notice to Appear.

110.2 Notices and orders.  Notices and orders shall comply with Section 107.

110.3  Demolition or repair by the City.  The Governing Body shall have the power to cause the repair or removal of, or to remove any structure located within the City, which may have become unsafe or dangerous. This provision and the following subsections are intended to conform with the provisions of K.S.A. 12-1750 et seq. (as amended from time to time); and to the extent there is any conflict, the Statute shall take precedent.

110.3.1  Code official’s report.  Whenever the Code Official’s investigation discloses a basis that any structure is unsafe or dangerous, the Code Official shall file a written report with the Governing Body describing the situation, its location and the circumstances that support the determination that the structure is unsafe or dangerous.

110.3.2  Notice and publication for hearing.  The Governing Body, by resolution, shall fix a time and place at which the owner, the owner’s agent, any lienholders of record and any occupant of such structure may appear and show cause why such structure should not be condemned and ordered repaired or demolished. Such resolution shall be published once each week for two (2) consecutive weeks on the same day of each week. At least thirty (30) days shall elapse between the last publication and the date set for the hearing. A copy of the resolution shall be mailed by certified mail within three (3) days after its first publication to each such owner, agent, lienholder and occupant, at the last known address and shall be marked “deliver to addressee only.”

110.3.3  Hearing.  On the date fixed for hearing or any adjournment thereof, the Governing Body shall hear all evidence submitted by the owner, the owner’s agent, lienholders of record and occupants having an interest in such structure as well as evidence submitted by the Code Official and shall make findings by resolution.

Provided, in the event the Code Official determines on or before the date fixed for hearing that the structure has been sufficiently repaired or removed, the Code Official shall inform the Governing Body and recommend the cancellation of the hearing. Upon acceptance of said recommendation, no further action shall be required by the Governing Body.

110.3.4  Findings and resolution.

110.3.4.1  If the Governing Body finds that such structure is unsafe or dangerous, such resolution shall direct the structure to be repaired or removed and the premises made safe and secure. Such resolution shall be published once in the official city paper and a copy mailed to the owners, agents, lienholders of record and occupants in the same manner provided for the notice of hearing. The resolution shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the Governing Body will cause the structure to be repaired or razed and removed.

110.3.4.2  If the Governing Body finds that such structure is not unsafe or dangerous, such resolution shall state such finding and that the proceeding is terminated. Such resolution shall not be required to be published.

110.3.5  Action, assessment and collection of costs by City.

1. a.
   If the owner of any structure has failed to commence the repair or removal of such structure within the time stated in the resolution or has failed to diligently prosecute the same thereafter, the City may proceed to raze and remove such structure, make the premises safe and secure, or let the same to contract.
2. b.
   The City shall keep an account of the cost of such work and may sell the salvage from such structure and apply the proceeds or any necessary portion thereof to pay the cost of removing such structure and making the premises safe and secure. All moneys in excess of that necessary to pay such costs and the cost of publications of notice and any postage for mailing of notice, after the payment of all costs, shall be paid to the owner of the premises upon which the structure was located.
3. c.
   The City shall give notice to the owner of such structure by restricted mail of the total cost incurred by the City in removing such structure and making the premises safe and secure and the cost of providing notice. Such notice also shall state that payment of such cost is due and payable within thirty (30) days following receipt of such notice. If the cost is not paid within the thirty-day period and if there is no salvageable material or if moneys received from the sale of salvage or from the proceeds of any insurance policy in which the City has created a lien pursuant to K.S.A. 40-3901 et seq., and amendments thereto, are insufficient to pay the cost of such work, the balance shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as a special assessment against the lot or parcel of land on which the structure 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. 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 any applicable interest has been paid in full.
4. d.
   Whenever any structure is removed from any premises under the provisions of this ordinance, the City Clerk shall certify to the county appraiser that such structure, describing the same, has been removed.

110.4  Duties of owner after removal of structure.  The owner of any structure, upon removing the same, shall fill any basement or other excavation located upon the premises and take any other action necessary to leave such premises in a safe condition.

(History: Ord. No. PM-3289 §13, 2020)  

Effective on: 1/1/1901

7.25.111.1 Application for appeal.

Any person directly affected by a decision of the Code Official or a notice or order issued under this Code directly pertaining to the interpretation or application of technical provisions of this Code shall have the right to appeal to the board of appeals, as established in Section 16.100.113.1, provided that written application for appeal is filed within 10 days after the day the decision, notice or order was served. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, or the provisions of this code do not fully apply, or the requirements of this code are adequately satisfied by other means.

(History: Ord. No. PM-3289 §14, 2020)  

Effective on: 1/1/1901

7.25.111.2 Omitted.

Section 111.2 of the International Property Maintenance Code is hereby omitted.

(History: Ord. No. PM-3289 §15, 2020)  

Effective on: 1/1/1901

7.25.302.1 Sanitation

Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condition. Rubbish and garbage shall not be stored or allowed to accumulate on any premises including but not limited to trash, trash bags, large limb piles, boxes, carpet padding, building supplies or material.

(History: Ord. No. PM-3289 §16, 2020)  

Effective on: 1/1/1901

7.25.302.3 Sidewalks and driveways.

Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. For the purposes of this section, a hazardous condition shall include, but not be limited to, a paved surface which is broken, heaved, collapsed or missing pavement to a degree that vehicles using the surface are at risk of being damaged or pedestrians walking on the surface are at risk of falling or tripping.

(History: Ord. No. PM-3289 §17, 2020)  

Effective on: 1/1/1901

7.25.302.4 Omitted (See Chapter 7.20 - Weeds).

Section 302.4 of the International Property Maintenance Code is hereby omitted. (See Chapter 7.20 - Weeds.)

(History: Ord. No. PM-3289 §18, 2020)  

Effective on: 1/1/1901

7.25.302.10 Animal Sanitation.

Exterior property and premises shall be kept free of an excessive accumulation of animal waste and any exposed animal carcasses after death.

Provided, however, the provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. No. PM-3289 §19, 2020)  

Effective on: 1/1/1901

7.25.302.11 Pools of water.

Ponds, reservoirs, swimming pools or other receptacles of water shall be maintained free of trash, debris, garbage or other effluvia and shall not serve as a breeding ground for insects or other vectors.

Provided, however, the provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. No. PM-3289 §20, 2020)  

Effective on: 1/1/1901

7.25.302.12 Exterior storage.

Except as specifically permitted by this Section or any other applicable city code, exterior storage is not allowed.

For property zoned or used for a single-family or two-family residence, exterior storage is permitted under the applicable provisions of the Unified Development Ordinance or the Overland Park Municipal Code. The intent is to limit exterior storage to those items specifically permitted under the applicable zoning district regulations or the applicable accessory use regulations. Exterior storage shall be subject to the following provisions:

1. 1.
   Except for firewood, the storage of approved items shall be within the backyard.
2. 2.
   Firewood shall be neatly stacked and free of insects and vermin. Firewood shall be stored in the side yard or backyard.
3. 3.
   Storage of items shall be substantially screened from view from any adjacent property by a wall or fence. When approved by the Code Official, mature landscape material may be substituted for a wall or fence.
4. 4.
   Items such as barbeque grills, flag poles, play equipment and lawn or patio furniture are allowed and need not be screened.
5. 5.
   Any exterior storage related to a business is prohibited.
6. 6.
   The exterior storage of permitted items shall occupy no more than 20% of the allowable outside storage area.

For property not zoned or used for a single-family or two-family residential, exterior storage is limited to that which is permitted under the applicable provisions of the Unified Development Ordinance or the Overland Park Municipal Code.
Provided, however, the provisions of this section shall not apply to those properties annexed into the City by either Ordinance No A-2367 or Ordinance No. A-2719 that has a zoning designation based on the Johnson County Zoning Regulations.

(History: Ord. No. PM-3289 §21, 2020)  

Effective on: 1/1/1901

7.25.302.13 Rain Barrels.

The City promotes the benefits of the use of rain barrels while recognizing the need to blend their use into a residential setting. To balance the environmental, drainage and other benefits of rain barrels with the potential for nuisance, aesthetic or other issues that may result from the use of the same, rain barrels are permitted in residential districts subject to the following:

1. a.
   One rain barrel per each downspout is allowed on any residential building façade, when said rain barrel is:

   1. 1.
      Approximately 65 gallons or less in capacity;
   2. 2.
      Screened from view at grade or reasonably blends with the building’s façade and surrounding landscaping/vegetation;
   3. 3.
      Located adjacent to the building envelope;
   4. 4.
      Not elevated more than 24 inches above adjacent grade, placed on a stable surface, and maintained in such a way as to prevent tipping;
   5. 5.
      Secured with a lid (lids with a designed screen opening are acceptable);
   6. 6.
      Maintained in a safe and functional condition and kept in good repair; and
   7. 7.
      Maintained to prevent any offensive odors, any mosquito or other insect eggs and larvae, any other nuisance or any other city code violation.
2. b.
   Larger rain barrels or even multiple rain barrels per downspout are allowed when the rain barrels are:

   1. 1.
      Located in the rear yard or side yard behind the front building line;
   2. 2.
      Screened from view at grade from the right-of-way and any adjacent property;
   3. 3.
      Placed on a stable surface, and maintained in such a way as to prevent tipping;
   4. 4.
      Secured with a lid (lids with a designed screen opening are acceptable);
   5. 5.
      Maintained in a safe and functional condition and kept in good repair; and
   6. 6.
      Maintained to prevent any offensive odors, any mosquito or other insect eggs and larvae, any other nuisance or any other city code violation.
   7. 7.
      Subject to the 20% of allowable outside storage area calculation set forth in O.P.M.C. Section 7.25.302.12.
3. c.
   The Code Official is authorized to interpret the application of the requirements in subsections a and b above, and is further authorized to approve reasonable alternative requirements that meet the general goal and intent of this Section.

(History: Ord. No. PM-3289 §22, 2020)  

Effective on: 1/1/1901

7.25.303.1 Swimming Pools

Swimming pools, spa pools, hot tubs and public bathing places shall be maintained in a clean and sanitary condition, in good repair.

The provision of the Johnson County Aquatics Health Code (and amendments thereto) shall apply to the maintenance of public and semi-public swimming pools, spa pools, hot tubs and public bathing places and shall be enforced by the Johnson County Department of Health and Environment (“JCDHE”); and the City consents to and grants JCDHE jurisdiction to enforce the Johnson County Aquatics Health Code within the City’s corporate boundaries. If there is a discrepancy between an ordinance adopted by the City of Overland Park and the Johnson County Aquatics Health Code, the City may enforce the most restrictive provision thereof.

(History: Ord. No. PM-3468 §2, 2024)

Effective on: 1/1/1901

7.25.304.2 Protective Treatment.

Exterior Surfaces, including but not limited to, doors, door and window frames, conices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted in a manner that is consistent (colorwise) with the adjoining painted surface. Siding and masonry joints, as well as those between the building envelope and the perimeter of windows, doors and skylights, shall be maintained weather resistant and water tight. Metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designated for stabilization by oxidation are exempt from this requirement.

(History: Ord. No. PM-3289 §23, 2020)  

Effective on: 1/1/1901

7.25.304.6 Exterior walls.

Exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration. Exterior walls shall be maintained free of mold and mildew. Repairs made to exterior walls shall be made of materials that are compatible with the existing material unless otherwise approved by the code official.

(History: Ord. No. PM-3289 §24, 2020)  

Effective on: 1/1/1901

7.25.304.14 Insect screens.

During the period from May 15th to October 15th every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved tightly fitting screens of minimum 16 mesh per inch (16 mesh per 25 mm), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

Where screens, frames for screens, or storm windows are provided, the entire assembly shall be maintained in a workable condition and in good repair.

(History: Ord. No. PM-3289 §25, 2020)  

Effective on: 1/1/1901

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

7.25.506.2 Maintenance

Section 506.2 of the International Property Maintenance Code is hereby amended to read as follows:

506.2 Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects. The provision of the Johnson County Environmental Sanitary Code 2025 Edition (and amendments thereto) shall apply to the maintenance of private sewage disposal systems and shall be enforced by the Johnson County Department of Health and Environment (“JCDHE”); and the City consents to and grants JCDHE jurisdiction to enforce the Johnson County Environmental Sanitary Code within the City’s corporate boundaries.

(History: Ord. No. BC-3466 §4, 2024)

Effective on: 1/1/1901

7.25.602.3 Heat supply.

Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15th to May 15th to maintain a temperature of not less than 68ºF (20ºC) in all habitable rooms, bathrooms, and toilet rooms.

Exceptions:

1. 1.
   When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in Appendix D of the International Plumbing Code.
2. 2.
   In areas where the average monthly temperature is above 30ºF (-1ºC) a minimum temperature of 65ºF (18ºC) shall be maintained.

(History: Ord. No. PM-3289 §27, 2020)  

Effective on: 1/1/1901

7.25.602.4 Occupiable work spaces.

Indoor occupiable work spaces shall be supplied with heat during the period from  October 15th to May 15th to maintain a temperature of not less than 65ºF (18ºC) during the period the spaces are occupied.

Exceptions:

1. 1.
   Processing, storage and operation areas that require cooling or special temperature conditions.
2. 2.
   Areas in which persons are primarily engaged in vigorous physical activities.

(History: Ord. No. PM-3289 §28, 2020)  

Effective on: 1/1/1901

7.25.606.1 General.

Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator or be posted in a publicly conspicuous location approved by the Code Official. The inspection and tests shall be performed at not less than the periodic intervals listed in Table 601.1.

(History: Ord. No. PM-3289 §29, 2020)  

Effective on: 1/1/1901

7.25.800

Chapter 8 REFERENCE STANDARDS of the International Property Maintenance Code is hereby amended to omit the reference to IZC - 2018 International Zoning Code.

(History: Ord. No. PM-3289 §30, 2020)  

Effective on: 1/1/1901

7.28.010 Definitions.

The following words and phrases when used in this chapter, shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

7.28.020 Enforcement.

The enforcing officer of the City shall have the power to declare any condition, situation or existing set of facts to constitute an immediate hazard requiring immediate action to protect the public whenever, in his opinion, the public health, safety, welfare or morals are presently jeopardized. The enforcing officer may erect barricades around such immediate hazards, take other actions to eliminate such immediate hazard, or cause the property on which said immediate hazard is located to be vacated, taken down, repaired, shored, or otherwise made safe without delay and such action may be taken without prior notice to or hearings of the owners, agents, lienholders, and occupants. The cost of such action shall be assessed against the premises on which the immediate hazard is located.

(History: Ord. IHR-1424 §2, 87; IHR-377 §2, 66)

Effective on: 1/1/1901

7.28.030 Removal and/or Sale.

The City shall keep an account of the cost of such work, as set forth in 7.28.020, and may sell the salvage from such immediate hazard and apply the proceeds or any necessary portion thereof to pay the cost of removal of such immediate hazard and making the premises safe and secure. If there is no salvageable material or if money received from the salvage is insufficient to pay the cost of such work, such cost or any portion thereof in excess of the amounts received from the sale of the salvage shall be assessed as a special assessment against the parcel of land on which the immediate hazard was located and the City Clerk shall, at the time of certifying other City taxes, certify the unpaid portion of the aforesaid costs and the County Clerk shall extend the same on the tax rolls of the county against said lot or parcel of land.

(History: Ord. IHR-377 §3, 66)

Effective on: 1/1/1901

7.32.010 Definitions.

For the purposes of this chapter the following definitions shall apply:

7.32.020 Ratproofing Business Buildings Required.

It is required that all business buildings in the City shall be rat-proof, freed of rats, and maintained in a rat-proof and rat-free condition to the satisfaction of the Administrator.

(History: Ord. RAT-1715 §2, 91; RAT-418 §2, 67)

Effective on: 1/1/1901

7.32.030 Compliance with Notice to Ratproof Required.

Upon receipt of a written notice or order from the Administrator, the owner of any business building specified therein shall take immediate measures for rat proofing the building, and unless the work and improvements have been completed by the owner in the time specified in the written notice, or within the time to which a written extension may have been granted by the Administrator, then the owner shall be deemed guilty of an offense under the provisions of these regulations.

(History: Ord. RAT-1715 §3, 91; RAT-418 §3, 67)

Effective on: 1/1/1901

7.32.040 Time Period Allowed for Compliance with Ratproofing Notice.

Whenever the Administrator gives a written notice to the occupant of a business building that there is evidence of rat infestation of the building, the occupant shall, upon receipt or posting of that notice, immediately institute rat-eradication measures and shall continuously maintain such measures in a satisfactory manner until the premises is declared by the Administrator to be free of rat infestation.

(History: Ord. RAT-1715 §4, 91; RAT-418 §4, 67)

Effective on: 1/1/1901

7.32.050 Maintenance of Ratproof Conditions.

The owners of all rat proofed business buildings are required to maintain the premises in a rat proof condition and to repair all breaks or leaks that may occur in the rat proofing without a specific order of the Administrator.

(History: Ord. RAT-1715 §5, 91; RAT-418 §5, 67)

Effective on: 1/1/1901

7.36.060 Inspections.

The Administrator is empowered to make routine, administrative inspections of the interior and exterior of business buildings to determine evidence of rat infestation and the existence of new breaks in their rat proofing and, when any evidence is found indicating the presence of rats or openings through which rats may again enter business buildings, require the owners or occupants to abate the conditions found.

(History: Ord. RAT-1715 §6, 91; RAT-418 §6, 67)

Effective on: 1/1/1901

7.32.070 Closing Business for Conditions Conducive to Rat Harborage.

Whenever conditions inside or under occupied businesses, in the opinion of the Administrator, provide extensive harborage for rats, the Administrator is empowered, after due notification in accordance with 7.32.030, to close such business buildings until such time as the conditions are abated by rat proofing and harborage removal, including if necessary, the installation of suitable concrete floors in basements or replacement of wooden first or ground floors with concrete or other major repairs necessary to facilitate rat eradication.

(History: Ord. RAT-1715 §7, 91; RAT-418 §7, 67)

Effective on: 1/1/1901

7.32.080 Condemnation and Destruction of Noncomplying Buildings.

Whenever conditions inside or under unoccupied business buildings, in the opinion of the Administrator, provide extensive harborage for rats the Administrator is empowered to require compliance with the provisions of 7.32.030, and, in the event that the conditions are not corrected in a period of 60 days, or within the time to which a written extension may have been granted by the Administrator, the Administrator is empowered to institute condemnation and destruction proceedings.

(History: Ord. RAT-1715 §8, 91; RAT-418 §8, 67)

Effective on: 1/1/1901

7.32.090 Failure to Restore Ratproof Condition or to Leave Openings.

It is unlawful under the provisions of this chapter for the occupant, owner, contractor, public utility company, plumber, or any other person to remove and fail to restore in like condition the ratproofing from any business building for any purpose. Further, it is unlawful for any person or agent to make any new openings that are not closed or sealed against the entrance of rats.

(History: Ord. RAT-418 §9, 67)

Effective on: 1/1/1901

7.32.100 Structures to Conform to Regulations.

It is unlawful for any person to construct, repair, or remodel any building, dwelling, stable, or market, or other structure whatsoever, unless such construction, repair, remodeling or installation renders the building or other structure rat proof in accordance with the regulations prescribed in this chapter. The provisions of this section apply only to such construction, repairs, remodeling, or installation that affects the rat proof condition of any building or other structure.

(History: Ord. RAT-1715 §9, 91; RAT-418 §10, 67)

Effective on: 1/1/1901

7.32.110 Conformance with Regulations Where Foodstuffs Are Handled.

It is unlawful for any person to occupy any new or existing business buildings wherein foodstuffs are to be stored, kept, handled, sold, held, or offered for sale without complying with 7.32.100; and unless the provisions of this section are complied with, no City license or permit to conduct or carry on such business as defined in this chapter will be issued.

(History: Ord. RAT-1715 §10, 91; RAT-418 §11, 67)

Effective on: 1/1/1901

7.32.120 Storage of Food and Feed.

1. A.
   All food and feed within the City for feeding chickens, cows, pigs, horses, and other animals shall be stored in rat-free and ratproof containers, compartments, or rooms unless stored in a ratproof building.
2. B.
   The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD and that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2723 §1, 2008; RAT-418 §12, 67)

Effective on: 1/1/1901

7.32.130 Storage of Refuse.

1. A.
   Within the corporate limits of the City, all garbage or refuse consisting of waste animal or vegetable matter upon which rats may feed, and all small dead animals, shall be placed and stored until collected in covered metal containers of a type prescribed by the Administrator. It is further unlawful for any person to dump or place on any premises, land, or waterway, any dead animals, or any waste vegetation or animal matter of any kind.
2. B.
   The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2724 §1, 2008; RAT-1715 §11, 91; RAT-418 §13, 67)

Effective on: 1/1/1901

7.32.140 Accumulations of Garbage.

1. A.
   It is unlawful for any person to place, leave, dump, or permit to accumulate any solid waste, including, without limitation, any garbage, rubbish, or trash in any building or on any premises, improved or vacant, or on any open lot or alley in the City so that same shall or may afford food or harborage for rats.
2. B.
   The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2725 §1, 2008; RAT-1715 §12, 91; RAT-418 §14, 67)

Effective on: 1/1/1901

7.32.150 Storage of Lumber, Bottles and Related Materials.

1. A.
   It is unlawful for any person to permit to accumulate on any premises, improved or vacant, or on any open lot or alley in the City any lumber, boxes, barrels, bottles, cans, containers, or similar materials that may be permitted to remain thereon unless same shall be placed on open racks that are elevated not less than 18 inches above the ground, and evenly piled or stacked, if the Administrator determines that said accumulation is susceptible to rat harborage or rodent activity.
2. B.
   The provisions of this section shall not apply to any property that is zoned RUR, PRUR, RLD or PRLD that was annexed into the City pursuant to Ordinance No. A-2719, unless and until such land is rezoned.

(History: Ord. RAT-2726 §1, 2008; RAT-1715 §13, 91; RAT-418 §15, 67)

Effective on: 1/1/1901

7.32.160 Violation - Penalty.

Any person, firm or corporation who violates any provision or provisions of this chapter is guilty of a public offense and upon conviction shall be punished as provided in Section 1.12.010.

(History: Amended during codification in accordance with K.S.A. 12-3015: Ord. RAT-418 §16, 67)

Effective on: 1/1/1901

7.36.100.100 Definitions.

Where a word or term is not defined in this Chapter but is defined elsewhere in the Code, such definition shall be applicable unless the context indicates that a standard dictionary definition is more appropriate. Where a word or term is defined in this Chapter and also defined elsewhere in this Code, the definition contained in this Chapter shall be generally applicable unless the context clearly indicates otherwise.

(History: Ord. SW-2927 §1, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.105 "Administrative Regulations."

"Administrative Regulations" means the Regulations for the Collection and Storage of Solid Waste and Recyclables in Overland Park, Kansas, as adopted and administered by the Administrator pursuant to O.P.M.C. Section 7.36.105 B.

(History: Ord. SW-2927 §2, 2011)

Effective on: 1/1/1901

7.36.100.110 "Administrator."

"Administrator" means the Director of Planning and Development Services or his\her designee.

(History: Ord. SW-2783 §1, 2009; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.114 "Approved Solid Waste Container."

 "Approved Solid Waste Container" means a container that is issued to the residential customer from the Hauler, which is designed and manufactured specifically for the Storage and Collection of Solid Waste.

(History Ord. No. SW-3350 §1, 2021.)

Effective on: 1/1/1901

7.36.100.116 "Approved Recycling Container."

"Approved Recycling Container" means a container that is issued to the residential customer from the Hauler, which is designated and manufactured specifically for the Storage and Collection of Recyclables. 

(History: Ord. No. SW-3350 §2, 2021.)

Effective on: 1/1/1901

7.36.100.120 "Bulky Waste."

"Bulky Waste" means non-putrescible Solid Waste items too large to be placed in Solid Waste Containers including, but not limited to appliances, furniture, large automobile parts, and so forth, and which are not collected as part of a Hauler’s routine Collection service.

(History: Ord. SW-3350 §3, 2021; Ord. SW-2927 §3, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.130 "City."

"City" means the City of Overland Park, Kansas.

(History: Ord. SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.140 "Collection."

"Collection" means the removal and transportation of Solid Waste or Recyclables from their place of Storage to their place of processing or Disposal.

(History: Ord. SW-2927 §4, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.145 "Community Interest Group."

"Community Interest Group" means a group or association of residential property Owners, including but not limited to a Homes Association, having the legal power to provide or contract for Solid Waste and Recycling services for the members of the group or association.

(History: Ord. SW-2927 §5, 2011)

Effective on: 1/1/1901

7.36.100.150 "Construction and Demolition Waste."

"Construction and Demolition Waste" means Solid Waste resulting from the construction, remodeling, repair or demolition of residential, industrial, commercial or other structures, roads, sidewalks or utilities.

(History: Ord. SW-2927 §6, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.155 "County Solid Waste Regulations."

"County Solid Waste Regulations" are the regulations adopted by County for the purpose of governing solid waste management in Johnson County, Kansas, and which are entitled and sometime referred to as the Johnson County Code of Regulations for Solid Waste Management, 2010 Edition (as may be amended from time to time).

(History: Ord. SW-2927 §7, 2011)

Effective on: 1/1/1901

7.36.100.160 "Disposal."

"Disposal" means depositing Solid Waste in or at a facility approved for disposal of said wastes by the appropriate agencies.

(History: Ord. SW-2927 §8, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.170 "Dwelling Unit."

"Dwelling Unit" means any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used for residential living, sleeping, cooking, and eating.

(History: Ord. SW-2927 §9, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.173 "Hauler."

"Hauler" means a Person who performs the act of the Collection of Solid Waste or Recyclables from the production, Storage or Collection point. Provided, however, this definition shall expressly exclude the removal and transportation of Solid Waste or Recyclables by an individual not otherwise in business as a "Hauler" for the purposes of this Chapter and where:

1. A.
   The Solid Waste or Recyclables are generated by the individual, or the individual’s family or immediate neighbors, and the Solid Waste or Recyclables are disposed of properly at a licensed or permitted Solid Waste or recycling facility; or
2. B.
   The Disposal is made as an incidental or related part of services or work performed by the individual or affiliated Person, such as landscaping, roofing, remodeling, or similar service or work, and where the Solid Waste or Recyclables are properly disposed of at a licensed or permitted Solid Waste or recycling facility.

(History: Ord. SW-2927 §10, 2011)

Effective on: 1/1/1901

7.36.100.175 "Hauler Permit."

"Hauler Permit" means a permit issued by the City certifying that a Person is an authorized Hauler for the Collection of Solid Waste and Recyclables within the City in accordance with this Chapter and the Administrative Regulations.

(History: Ord. SW-2927 §11, 2011)

Effective on: 1/1/1901

7.36.100.177 "Hauler Vehicle Permit."

"Hauler Vehicle Permit" means a permit issued by the City certifying that a Collection or transportation vehicle is certified to operate within the City for the purpose of the Collection of Solid Waste and Recyclables in accordance with this Chapter and the Administrative Regulations.

(History: Ord. SW-2927 §12, 2011)

Effective on: 1/1/1901

7.36.100.180 "Hazardous Waste."

"Hazardous Waste" means those materials which are corrosive/caustic, flammable, explosive/reactive, toxic/poisonous or radioactive. It shall include those materials determined to be hazardous waste as specified by the Kansas Department of Health and Environment regulations.

(History: Ord. SW-2927 §13, 2011; W-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.190 "Homes Association."

"Homes Association" means an incorporated association of residential property Owners having the legal power to provide or contract for Solid Waste and Recycling services for the members of the association.

(History: Ord. SW-2927 §14, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.200 "Open Burning."

"Open Burning" means the burning of any materials in which contaminants resulting from combustion are emitted directly into the ambient air without passing through an enclosed chamber that meets all applicable state and federal air pollution regulations, but shall not include "smoking" as that term is defined in O.P.M.C. Section 11.52.150.

(History: Ord. SW-2927 §15, 2011; POC-2632 §8, 2008; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.210 "Owner."

"Owner" means any Person who, alone or jointly or severally with others, has legal title to, or sufficient proprietary interest in, or has charge, care or control of any Dwelling Unit or of any other improved real property, as title holder, as employee or agent of the title holder, or as landlord or manager or as trustee or guardian of the estate or Person of the title holder.

(History: Ord. SW-2927 §16, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.220 "Person."

"Person" means an individual, partnership, co-partnership, firm, company, public or private corporation, association, joint stock company, trust, estate, political subdivision or any agency, board, environmental department or bureau of the state or federal government or any other legal entity whatsoever which is recognized by law as the subject of rights and duties, or their legal representative, agent or assigns.

(History: Ord. SW-2927 §17, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.223 "Recyclables."

"Recyclables" means any materials that will be used or reused, or prepared for use or reuse, as an ingredient in an industrial process to make a product, or as an effective substitute for a commercial product. Recyclables includes, but is not limited to paper, glass, plastic, and metal, but does not include Yard Waste.

(History: Ord. SW-2927 §18, 2011)

Effective on: 1/1/1901

7.36.100.225 "Recycling Container."

"Recycling Container" means a container designed and manufactured specifically for the Storage and Collection of Recyclables.

(History: Ord. SW-2927 §19, 2011)

Effective on: 1/1/1901

7.36.100.228 "Residential Customer."

"Residential Customer" means a Person who (directly or indirectly) engages a Hauler for the regular Collection of Residential Solid Waste and Recyclables.

(History: Ord. SW-2927 §20, 2011)

Effective on: 1/1/1901

7.36.100.230 "Residential District."

"Residential Districts" means any place or area where the property is zoned for residential occupancy including single-family, and multi-family dwellings.

(History: Ord. SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.240 "Solid Waste."

"Solid Waste" means any unwanted or discarded waste materials in a solid or semi-liquid or liquid state; but "Solid Waste" shall not include Hazardous Waste or Recyclables.

1. A.
   "Commercial Solid Waste" means Solid Waste resulting from the operation of any commercial, industrial, institutional, agricultural or other non-residential establishment or use. Solid Waste produced by a grouping of Dwelling Units where Solid Waste Collection service is not offered to each Dwelling Unit on an individual basis is also to be defined as Commercial Solid Waste.
2. B.
   "Residential Solid Waste" means Solid Waste emanating or resulting from the operation of Dwelling Units where Solid Waste Collection service is offered to each Dwelling Unit on an individual basis.

(History: Ord. SW-2927 §21, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.250 "Solid Waste Container."

"Solid Waste Container" means a container designed and manufactured specifically for the Storage and Collection of Solid Waste.

(History: Ord. SW-2927 §22, 2011; SW-2783 §2, 2009; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.260 "Storage."

"Storage" means the keeping, maintaining, or containment of Solid Waste or Recyclables from the time of their production until the time of their Collection.

(History: Ord. SW-2927 §23, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.100.270 "Yard Waste."

"Yard Waste" means grass clippings, leaves, and tree and brush trimmings, and other organic yard materials; but "Yard Waste" shall not include agricultural waste resulting from the production of farm or agricultural products.

(History: Ord. SW-2927 §24, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.105 Administration.

1. A.
   Administration. The Administrator is the principal City official for the administration of this Chapter for the purpose of governing Solid Waste and Recyclables in the City. The Administrator may delegate any or all of the duties hereunder.
2. B.
   Administrative Regulations.

   1. 1.
      The Administrator may adopt and administer the Administrative Regulations for the purpose of providing further detail and regulations for:

      1. a.
         Hauler and Hauler Vehicle Permit requirements and procedures (in addition to those set forth in O.P.M.C. Sections 7.36.110 and 7.36.112);
      2. b.
         Required Hauler services (in addition to those set forth in O.P.M.C. Section 7.36.115);
      3. c.
         Haulers’ communication requirements with customers and the City; and
      4. d.
         Any other applicable regulations concerning the Collection or Storage of Solid Waste and Recyclables.

The Administrative Regulations shall supplement and must be consistent with the provisions of this Chapter. To the extent there is any conflict, the provisions of this Chapter shall apply.

1.   
   2. 2.
      The Administrative Regulations shall be adopted and amended by the Administrator following a public input process which shall include the following minimum steps:

      1. a.
         Posting on the City website the proposed Administrative Regulations in draft form for a minimum of 14 days prior to the Administrator holding a public informational meeting;
      2. b.
         Providing a written or electronic copy of the proposed Administrative Regulations in draft form to all Haulers with a current Hauler Permit at least 14 days prior to the public informational meeting; and
      3. c.
         Extending a written comment period for a minimum of 14 days after the public informational meeting.

A new public input process is not required for revisions to the proposed draft Administrative Regulations if the same is adopted by the Administrator within 60 days of the public informational meeting.

1.   
   3. 3.
      The Administrative Regulations (as adopted and amended) are hereby incorporated by reference into this Chapter for the purpose of enforcing compliance with the same. No fewer than three (3) copies of the Administrative Regulations shall be marked Official Copy and include the date of adoption, and shall be filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours. The Municipal Court and all administrative departments of the City charged with enforcement of this Chapter and the Administrative Regulations shall be supplied at the cost of the City such number of official copies as may be deemed expedient.

(History: Ord. SW-2927 §25, 2011)

Effective on: 1/1/1901

7.36.110 Hauler Permit Requirements.

1. A.
   No Person shall engage in the business of the Collection of Solid Waste or Recyclables within the City without first obtaining a Hauler Permit, and a separate Hauler Vehicle Permit for each Collection or transportation vehicle to be operated within the City.
2. B.
   The Hauler and Hauler Vehicle Permit fee schedule shall be fixed by the City Manager, pursuant to the Planning and Development Fee and Cost Recovery Policy as adopted by the Governing Body, and the City Manager or their designee may establish any and all policies or waivers related to the same, and such fees shall be paid in full upon application.
3. C.
   No Hauler or Hauler Vehicle Permit shall be issued to any Person who has not first obtained any necessary or applicable license or permit from the County in accordance with the County Solid Waste Regulations. In addition, the expiration, revocation or other termination of any such County license or permit shall have the effect of terminating any Hauler or Hauler Vehicle Permit provided for herein.
4. D.
   A subcontractor providing Collection services on behalf of and under a subcontract with a Hauler with a valid Hauler Permit shall not be required to obtain a separate Hauler Permit; provided, however, that the Hauler agrees and consents to be responsible and liable for said subcontractor in the performance of the subcontractor’s services; and further provided, said subcontractor’s Collection or transportation vehicles must have valid and separate Hauler Vehicle Permits and meet any applicable requirements set forth in this Chapter and the Administrative Regulations.
5. E.
   Hauler and Hauler Vehicle Permits shall not be required for the Collection or Disposal of Bulky Waste, Construction and Demolition Waste, or earth and rock material from grading or excavation activities; provided, however, all such material shall be conveyed in vehicles, trucks, or receptacles so constructed and maintained that none of the material being transported shall spill upon the public rights-of-way.
6. F.
   Additional Hauler and Hauler Vehicle Permit procedures and requirements may be set forth in the Administrative Regulations.

(History: Ord. CM-3433 §2, 2023; ​​​​​​​Ord. SW-2927 §26, 2011; SW-2783 §3, 2009; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.112 Hauler Insurance Requirements.

No Hauler or Hauler Vehicle Permit shall be issued unless the Hauler, or when applicable, a subcontractor with a Hauler Vehicle Permit, agrees to maintain insurance coverage of the types and minimum liability as set forth below, and shall furnish to the City a Certificate of Liability Insurance verifying such coverage. The certificate holder on the Certificate of Insurance shall be as follows:

City of Overland Park, Kansas

8500 Santa Fe Drive

Overland Park, KS 66212

Such policies shall be maintained in full force and effect during the permit period. No permit shall be issued until and unless the Hauler/subcontractor, in addition to all other requirements, shall file the proper Certificate of Liability Insurance with the City.

1. 1.
   Commercial General Liability insurance on an occurrence basis in amounts no less than $500,000 bodily injury and property damage per occurrence, including personal and advertising injury; $1,000,000 general aggregate. Coverage shall include independent contractors and subcontractors.
2. 2.
   Automobile Liability insurance in an amount no less than $500,000 bodily injury and property damage combined single limit, including all owned (if any), hired and non-owned autos.

Industry Ratings – The City will only accept coverage from an insurance carrier who carries a Best’s policyholder rating of A-:VIII or better; or is a company mutually agreed upon by the City and the Hauler/subcontractor.

(History: Ord. SW-2927 §27, 2011)

Effective on: 1/1/1901

7.36.115 Required Hauler Services.

In addition to the requirements in the County Solid Waste Regulations, Haulers operating within the City must meet the following minimum levels of service to their customers:

1. A.
   Residential Service.

   1. 1.
      Solid Waste.

      1. a.
         All Residential Solid Waste properly placed for Collection by the Residential Customer shall be collected at least weekly. Provided, however, Yard Waste and Bulky Waste shall be collected as specified hereafter.
      2. b.
         Haulers may provide each Residential Customer with a Solid Waste Container designed and manufactured for curbside Collection. Sample Solid Waste Containers must be submitted to the Administrator for approval prior to distribution. All Solid Waste Containers provided by the Hauler that exceed 24 gallons in capacity shall be equipped with a lid.
   2. 2.
      Recyclables.

      1. a.
         All Recyclables properly placed for Collection by the Residential Customer shall be collected at least weekly. This Collection shall, at a minimum, collect all materials specified as Recyclables in the County Solid Waste Regulations and in the Administrative Regulations.
      2. b.
         The charge for the Collection of Recyclables shall be included in the Hauler’s basic service charge and shall allow for an unlimited amount of curbside recycling.
      3. c.
         Haulers must provide each Residential Customer with a Recycling Container designed and manufactured for curbside Collection. Sample Recycling Containers must be submitted to the Administrator for approval prior to distribution. All Recycling Containers provided by the Hauler that exceed 24 gallons in capacity shall be equipped with a lid.
   3. 3.
      Yard Waste.

      1. a.
         All Yard Waste properly placed for Collection by the Residential Customer shall be collected at least weekly for a minimum of 40 weeks per year.
      2. b.
         The charge for Yard Waste Collection shall be included in the Hauler’s basic service charge. The Hauler shall establish the base collection amount for bags/bundles of Yard Waste included under the basic service charge; and the Hauler may enact a volume base rate structure for Yard Waste Collection above this base collection amount in accordance with the County Solid Waste Regulations.
   4. 4.

      Bulky Waste.

      1. a.
         Annual Collection - Haulers shall provide a Bulky Waste Collection to each Residential Customer a minimum of one time per year with the date of such Collection to be scheduled by the Hauler and the Residential Customer. The charge of such Bulky Waste Collection shall be included in the Hauler's basic service charge and not as an optional service. 
      2. b.
         On Demand Collection - Haulers shall also provide special "on demand" Collection services for Bulky Waste to each Residential Customer. The charge for said services is to be negotiated between the Hauler and the Customer, and the Bulky Waste shall be collected within two working days of the Customer’s request.
   5. 5.
      Exemptions.

      1. a.
         As an exception to the requirements in subsection A.3., a Hauler shall not be required to provide Yard Waste Collection to Residential Customers associated with a Community Interest Group when: (1) the Community Interest Group has contracted with another Hauler to provide regular Yard Waste Collection for the Community Interest Group; or (2) no Yard Waste Collection is necessary because the Community Interest Group provides all lawn and landscape services for the Community Interest Group.
      2. b.
         As an exception to the requirements in subsections A.1. and A.2., a Hauler only providing regular Yard Waste Collection for a Community Interest Group, as contemplated by subsection A.5.a., shall be exempt from any requirement to also provide for the Collection of Solid Waste or Recyclables for the Community Interest Group; provided, however, said Hauler must still obtain any necessary permits required by O.P.M.C. Section 7.36.110.
2. B.
   Commercial Service.

   1. 1.
      All Commercial Solid Waste properly placed for Collection shall be collected as often as necessary to prevent health and nuisance conditions, but at least once every six months.
   2. 2.
      Haulers must close Commercial Solid Waste Container lids following the Collection.
   3. 3.
      Haulers must maintain Commercial Solid Waste Containers which may contain putrescible waste in a manner as to be leak proof and to be bird and rodent resistant.

Additional minimum service requirements may be set forth in the Administrative Regulations.

(History: Ord. SW-3350 §4, 2021; Ord. SW-2927 §28, 2011; SW-2783 §4, 2009)

Effective on: 1/1/1901

7.36.170 Storage of Solid Waste and Recyclables.

1. A.
   The Owner or occupant of every Dwelling Unit and of every institutional, commercial, business, industrial or other non-residential establishment producing Solid Waste or Recyclables within the City shall provide sufficient and adequate containers for the Storage of such Solid Waste or Recyclables in adequate number to serve each such Dwelling Unit or establishment.
2. B.
   All Solid Waste and Recyclables shall be stored in a manner that:

   1. 1.
      Meets the requirements of 7.36.180 below;
   2. 2.
      Does not attract birds; or rats, flies, mosquitoes or other disease vectors;
   3. 3.
      Does not provide shelter or a breeding place for disease vectors;
   4. 4.
      Does not create a fire, health or safety hazard;
   5. 5.
      Is not unsightly;
   6. 6.
      Does not cause an offensive odor off-site;
   7. 7.
      Does not infiltrate or pollute any natural streamway or enclosed stormwater system; and
   8. 8.
      Does not violate any other provision of this Chapter, the Code, the Administrative Regulations or the County Solid Waste Regulations.
3. C.
   All Solid Waste and Recyclables shall be removed from properties as often as necessary to prevent health and nuisance conditions. Residential Solid Waste and Recyclables other than composting Yard Waste and Bulky Waste must be removed at least once a week.

(History: Ord. SW-3350 §5, 2021; Ord. SW-2927 §29, 2011; SW-2783 §5, 2009; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.180 Solid Waste and Recycling Containers.

1. A.
   The Owner or occupant of every Dwelling Unit and of every institutional, commercial, industrial, business or other non-residential establishment, from which Solid Waste or Recycling Collection is made under this Chapter, shall place all Solid Waste or Recyclables in proper Solid Waste or Recycling Containers that have been designed and manufactured specifically for the Storage and Collection of Solid Waste or Recyclables, except as otherwise provided herein, and shall maintain such Solid Waste or Recycling Containers and the area surrounding them in a clean, neat, and sanitary condition at all times
2. B.

   Residential Solid Waste and Recycling Containers shall be leak proof and rain proof. Said containers, when stored outside, shall be closed at all times except when depositing Solid Waste or Recyclables therein or removing the contents thereof. Containers not intended to be disposed of shall have tapered sides for ease of emptying. Containers shall be of a light weight and sturdy construction and shall not exceed 96 gallons in capacity. The Hauler may determine the combined weight of any Solid Waste Container and Solid Waste that is permissible for all Residential Customers served by that Hauler.

3. C.
   No Owner or occupant of any Dwelling Unit with individual Solid Waste and recycling service shall place any Solid Waste (including bundles of Yard Waste), Recyclables or Solid Waste or Recycling Containers in the public right-of-way more than 24 hours in advance of the scheduled Collection.
4. D.
   Other than when placed for Collection during the allowable Collection time period, all Solid Waste Containers and Recycling Containers for residential Dwelling Units (whether or not containing Solid Waste or Recyclables) shall be: (i) stored inside of a garage; or (ii) screened from view any public right-of-way or adjoining property and located behind the existing building line. Provided, however, an Approved Solid Waste Container and/or an Approved Recycling Container may alternatively be stored adjacent to the front, side or rear of the residence (within 2' thereof) without any required screening. 
5. E.
   Commercial Solid Waste and Recyclables shall be stored in containers that are rain proof and leak proof. Said containers shall be closed at all times except when depositing Solid Waste or Recyclables therein or removing the contents thereof; and shall meet all requirements as set forth in this Chapter, the Code, the Administrative Regulations or the County Solid Waste Regulations. Construction and Demolition Wastes and other Bulky Waste may be stored in a non-covered container, provided the wastes are: non-putrescible, and not subject to being blown out of the container by wind. Storage sites for Commercial Solid Waste and Recyclables shall be well-drained, and maintained in a clean and sanitary condition.
6. F.
   Non-conforming or unserviceable containers will be considered to have been placed for Collection and Disposal.
7. G.
   All Solid Waste and Recyclables collected pursuant to this Chapter shall, upon being loaded into a Hauler’s Collection or transportation vehicle, become the property of the Hauler.

(History: Ord. SW-3350 §6, 2021; Ord. SW-2927 §30, 2011; SW-2783 §6, 2009; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.190 Prohibited Acts.

No Person shall:

1. A.
   Deposit Solid Waste or Recyclables in any Solid Waste or Recycling Container other than that owned by them or under their control without the consent of the Owner or party responsible for such container.
2. B.
   Tamper with, damage, and scavenge or remove a Solid Waste or Recycling Container or any contents thereof, or any Recyclables in proximity to a Recycling Container.
3. C.
   Intentionally place in any Recycling Container anything other than the appropriate Recyclables.
4. D.
   Interfere in any manner with Solid Waste or recycling Collection equipment or with Haulers in the lawful performance of their duties.
5. E.
   Dispose of Solid Waste or Recyclables at a facility which is not licensed and approved by the appropriate regulatory authority.
6. F.
   Store or place any Solid Waste or Solid Waste or Recycling Containers in or on any curb, gutter, drainage area, sidewalk or paved portion of the street at any time for any purpose.
7. G.
   Burn, or cause or permit the Open Burning of vegetation, leaves, wastes, or other combustible materials, except as specifically permitted by Section F-301.0 of the City’s adopted edition of the International Fire Code.
8. H.
   Improperly dispose of any Solid Waste or Recyclables by open dumping or in any manner prohibited by or not in compliance this Chapter, the Code, the Administrative Regulations or the County Solid Waste Regulations.

(History: Ord. SW-2927 §31, 2011; SW-2783 §7, 2009; SW-2465 §1, 2004; ROCR-2245 §12, 2001; SW-1760, 92; SW-1726 §1,92; SW-1714, 91)

Effective on: 1/1/1901

7.36.200 Additional Exceptions.

1. A.
   The burning of wood, paper or other materials commonly used in a residential fireplace shall be permitted in an enclosed fireplace located entirely within a Dwelling Unit meeting all applicable building and fire code regulations.
2. B.
   The burning of debris resulting from a declared disaster or emergency is allowed by City personnel or their designees on City-owned public property when authorized by the Governing Body.
3. C.
   The setting of fires for purposes related to the training of government or industrial personnel in fire fighting procedures when such activity is approved by the Fire Department.

(History: Ord. SW-2927 §32, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.210 Severability.

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this Chapter or any part thereof, is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portion of this Chapter or any part thereof.

(History: Ord. SW-2927 §33, 2011; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.36.220 Penalty.

1. A.
   Any Person convicted of violating any of the provisions of this Chapter or the Administrative Regulations shall be deemed guilty of a public offense and subject to the general penalty provisions of O.P.M.C. Section 1.12.010.
2. B.
   Any Hauler Permit issued by the City may be suspended, modified or revoked by the Administrator if the Person holding that permit, or their agent or employee, is convicted of, or enters into a diversion agreement concerning, any of the provisions of this Chapter or concerning any of the provisions of the County Solid Waste Regulations. Any affected Person is entitled to a hearing on that matter before the Administrator prior to said suspension, modification or revocation. The procedure for such hearing shall generally follow that set forth in O.P.M.C. Section 8.10.050.

(History: Ord. SW-3431 §1, 2023; Ord. SW-2927 §34, 2011; SW-2783 §8, 2009; SW-1760, 92; SW-1714, 91)

Effective on: 1/1/1901

7.54.010 Purpose.

This ordinance is enacted for the purpose of protecting the general health, safety, and welfare of the residents of the City from the hazards and danger of flooding and inadequate or improper drainage.

(History: Ord. EGD-2423 §1, 2003; EGD-1848 §1, 94; BC-1755 §2, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.020 Scope.

The provisions of this ordinance shall apply to excavating, grading, regrading, filling, landfilling, berming, embanking, or diking land within the City.

(History: Ord. ROCR-2245 §13, 2001; EGD-1848 §2, 94; BC-1755 §3, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.025 Administration.

This Section of the Code shall be administered by the Director of Planning and Development Services or the Director’s designee, hereinafter known as the “Director.”

(History: Ord. EGD-2423 §2, 2003)

Effective on: 1/1/1901

7.54.040 Hazards.

Whenever the Director determines that any existing excavation, embankment, or fill on private property has become a nuisance, hazard to life and limb, endangers property, or adversely affects the safety, use, or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the Director, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code. The Director may require plans and the issuance of a permit to verify compliance with the ordinance.

(History: Ord. EGD-2423 §3, 2003; EGD-1848 §4, 94; BC-1755 §5, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.120 Cuts - General.

Unless otherwise recommended in an approved soils engineering report, cuts shall conform to the provisions of this section.

In the absence of an approved soils engineering report, these provisions may be waived for minor cuts not intended to support structures.

(History: Ord. EGD-2423 §4, 2003; EGD-1848 §10, 94; BC-1755 §14, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.130 Cut Slope.

The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 3 horizontal to 1 vertical unless the owner furnishes a soils engineering report stating that the site has been investigated and giving an opinion that a cut at a steeper slope will be stable and not create a hazard to public or private property.

(History: Ord. EGD-1848 §11, 94; BC-1755 §15, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.140 Fills - General.

Unless otherwise recommended in an approved soils engineering report, fills shall conform to the provisions of this section.

In the absence of an approved soils engineering report, these provisions may be waived for minor fills not intended to support structures.

Fill on platted lots or within 500 feet of a public street or platted subdivision shall be graded to a uniform finish grade within 30 days after placement.

(History: Ord. EGD-2423 §5, 2003; EGD-1848 §12, 94; BC-1755 §17, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.150 Preparation of Ground.

The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil, and other unsuitable materials scarifying to provide a bond with the new fill.

(History: Ord. EGD-1848 §13, 94; BC-1755 §19, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.160 Fill Material.

Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Director, no rock or similar material which will not naturally decompose, with a maximum dimension greater than 12 inches shall be buried or placed in fills.

Exception. The Director may permit placement of larger rock when the registered design professional properly devises a method of placement, continuously inspects its placement, and approves the fill stability. The following conditions shall also apply:

1. A.
   Prior to issuance of the land disturbance permit, potential rock disposal areas shall be delineated on the grading plan.
2. B.
   Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically.
3. C.
   Rocks shall be placed so as to assure filling of all voids with fines.

(History: Ord. EGD-2423 §6, 2003; EGD-1848 §14, 94; BC-1755 §20, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.170 Compaction.

All fills shall be compacted to a minimum of 90 percent of maximum density as determined by the latest edition of ASTM D1557, D1556, D2167, or D2937.

(History: Ord. EGD-1848 §15, 94; BC-1755 §21, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.180 Fill Slope.

Fill slopes shall be no steeper than 3 horizontal to 1 vertical.

(History: Ord. EGD-1848 §16, 94; BC-1755 §22, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.190 Setbacks - General.

Cut and fill slopes shall be set back from site boundaries in accordance with this section. Setback dimensions shall be horizontal distances measured perpendicular to the site boundary.

(History: Ord. EGD-1848 §17, 94; BC-1755 §23, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.200 Top of Cut Slope.

The top of cut slopes shall be made not nearer to a site boundary line than one-fifth of the vertical height of cut with a minimum of 2 feet and a maximum of 10 feet.

(History: Ord. EGD-2423 §7, 2003; EGD-1848 §18, 94; BC-1755 §24, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.210 Toe of Fill Slope.

When fill height exceeds 24 inches in overall height, the toe of slope shall be made not nearer to the site boundary line than 1 foot. In any circumstance, fill shall not be placed in a manner that creates a nuisance, or in a manner that creates a surface flooding hazard for a habitable structure. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the plans and work to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

1. A.
   Additional setbacks.
2. B.
   Provision for retaining or slough walls.
3. C.
   Mechanical or chemical treatment of the fill slope surface to minimize erosion.
4. D.
   Provisions for the control of surface waters.

(History: Ord. EGD-2948 §2, 2012; EGD-1848 §19, 94; BC-1755 §25, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.220 Modification of Slope Location.

The Director may approve alternate setbacks. The Director may require an investigation and recommendation by a registered design professional to demonstrate that the intent of this section has been satisfied.

(History: Ord. EGD-2423 §8, 2003; EGD-1848 §20, 94; BC-1755 §26, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.230 Drainage - General.

Unless otherwise indicated on the approved grading plan, drainage facilities shall conform to the provisions of this section.

(History: Ord. EGD-1848 §21, 94; BC-1755 §27, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.240 Subsurface Drainage.

Cut and fill slopes shall be provided with subsurface drainage as necessary for stability.

(History: Ord. EGD-1848 §22, 94; BC-1755 §28, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.54.250 Surface Drainage.

All drainage facilities shall be designed to carry waters to the nearest drainageway approved by the Director as a safe place to deposit such waters. Storm sewer plans, drainage plans for commercial developments, subdivision grading plans showing intended drainage requirements for all lots, and drainage of lots adjacent to engineered swales or floodplains shall be approved by the Director. Prior to issuance of a Certificate of Occupancy for new buildings or additions, all drainage and grading shall be in compliance with this Chapter, with the subdivision grading plan, and the site grading plan approved as part of the permit. Erosion of ground in the area of discharge shall be prevented by installation of erosive control devices.

Obstructions shall not be created or installed within drainageways and engineered swales which will create ponding on adjacent property, divert water onto the adjoining property, or impede drainage. Fences may be erected in such areas provided they do not unnecessarily restrict the flow of water.

Water from intermittent sources such as discharges from sump pumps, foundation drains, swimming pools, swimming pool backwashes, or other similar sources excluding lawn sprinklers shall not be discharged to the surface closer than five feet to the public right-of-way or in a manner that creates a nuisance, or in a manner that creates a surface flooding hazard for a habitable structure. Water from intermittent sources including lawn sprinklers shall not prohibit mowing of grass or growth of vegetation on adjacent property, create a hazardous condition, or cause damage to adjacent structures or substantial interference with the use or maintenance of adjacent property provided the adjacent property is graded in accordance with this Section. Where such conditions exist and the City has given written notice of the violation, the owner of the property shall take appropriate measures to eliminate the problems caused on the adjacent property.

The area surrounding the building foundation shall have a drainage gradient as provided for in O.P.M.C. Chapters 16.100 or 16.110 with a draining gradient thereafter of not less than 2.5 percent toward approved drainage facilities unless waived by the Director.

(History: Ord. EGD-2948 §3, 2012; EGD-2666 §1, 2008; EGD-2423 §9, 2003; ROCR-2245 §17, 2001; EGD-1848 §23, 94; BC-1810 §1, 93; BC-1755 §29, 92; BC-1666 §1, 91)

Effective on: 1/1/1901

7.58.010 Title.

The title of Overland Park Municipal Code Sections 7.58.010 through 7.58.090, inclusive, shall be known as the Stormwater Pollution to Storm Sewers and Surface Waters Act (SWPSSSW Act).

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.58.020 Purpose and Findings.

1. A.
   The purpose of this Act shall be to prevent the discharge of pollutants from land and activities within the City into the municipal separate storm sewer system (MS4) and/or into surface waters.
2. B.
   The Governing Body of the City hereby finds that pollutants are discharged into surface waters, both through inappropriate non-stormwater discharges into the MS4 or the surface waters directly, and through the wash off and transport of pollutants found on the land and built surfaces by stormwater during rainfall events.
3. C.
   Further, the Governing Body of the City hereby finds that such discharge of pollutants may lead to increased risks of disease and harm to individuals who come into contact with the water; may degrade the quality of such water for human uses, such as drinking, irrigation, recreation, and industry; and may damage the natural ecosystems of rivers, streams, lakes and wetlands, leading to a decline in the diversity and abundance of plants and animals.
4. D.
   Further, the Governing Body of the City hereby finds that such discharges are inconsistent with the provisions and goals of the Clean Water Act, the National Pollutant Discharge Elimination System (NPDES), and other federal and state requirements for water quality and environmental preservation.
5. E.
   Further, the Governing Body of the City hereby finds that a reasonable establishment of restrictions and regulations on activities within the City is necessary to eliminate or minimize such discharges of pollutants, to protect the health and safety of citizens, to preserve economic and ecological value of existing water resources within the City and within downstream communities, and to comply with the provisions of the City's responsibilities under the Clean Water Act and the NPDES program.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.58.030 Definitions.

For the purposes of this Act, the following definitions shall apply:

7.58.040 General Prohibition.

1. A.
   No person shall release or cause to be released into the municipal separate storm sewer system (MS4), or into any surface water within the City, any discharge that is not composed entirely of stormwater that is free of pollutants, except as allowed in subsection B.
2. B.
   The following non-stormwater discharges are deemed acceptable and not a violation of this section:

   1. 1.
      Discharges authorized by, and in full compliance with, an NPDES permit;
   2. 2.
      Discharges or flows resulting from fire fighting activities;
   3. 3.
      Water line flushing;
   4. 4.
      Lawn watering, landscape irrigation, or other irrigation water;
   5. 5.
      Diverted stream flow;
   6. 6.
      Uncontaminated pumped groundwater or rising groundwater;
   7. 7.
      Uncontaminated groundwater infiltration;
   8. 8.
      Uncontaminated discharge or flow from a foundation drain, crawl space pump, footing drain, or sump pump;
   9. 9.
      A discharge or flow from a potable water source;
   10. 10.
       Air conditioning condensate;
   11. 11.
       Individual residential car washing;
   12. 12.
       A discharge or flow from a riparian habitat, wetland or natural spring;
   13. 13.
       Street wash waters (excluding street sweepings which have been removed from the street);
   14. 14.
       Dechlorinated swimming pool discharges excluding filter backwash;
   15. 15.
       Heat pump discharge waters (residential only). 
3. C.
   Notwithstanding the provisions of subsection B of this section, any discharge shall be prohibited by this section if the discharge in question has been determined by the Director to be a source of a pollutants to the MS4 or to surface waters, written notice of such determination has been provided to the property owner or person responsible for such discharges, and the discharge has occurred more than ten days beyond such notice.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.58.050 Specific Prohibitions and Duties.

The specific prohibitions and requirements in this section are not inclusive of all the discharges prohibited by the general prohibition in Section 7.58.040, but are provided to address specific discharges that are frequently found or are known to occur:

1. A.
   No person shall release or allow to be released any of the following substances into the MS4:

   1. 1.
      Any new or used motor oil, lubricants, fuel, hydraulic fluids, antifreeze or any other petroleum product or waste;
   2. 2.
      Any industrial waste;
   3. 3.
       Any hazardous waste, including household hazardous waste;
   4. 4.
      Any domestic sewage or septic tank waste, grease trap waste, or grit trap waste;
   5. 5.
      Any garbage, rubbish, solid waste or other wastes;
   6. 6.
      Any new or used paints, including latex-based paints, oil-based paints, stains, varnish, and primers, as well as cleaning solvents and other associated products;
   7. 7.
      Any yard wastes which have been moved or gathered by a person;
   8. 8.
      Any wastewater that contains soap, detergent, degreaser, solvent, or surfactant based cleaner from a commercial motor vehicle wash facility; from any vehicle washing, cleaning, or maintenance at any new or used motor vehicle dealership, rental agency, body shop, repair shop, or maintenance facility; or from any washing, cleaning, or maintenance of any business or commercial or public service vehicle, including a truck, bus or heavy equipment;
   9. 9.
      Any wastewater from a commercial mobile power washer or from the washing or other cleaning of a building exterior that contains soap, detergent, degreaser, solvent, or any surfactant based cleaner;
   10. 10.
       Any wastewater from commercial floor, rug, or carpet cleaning;
   11. 11.
       Any wastewater from the wash down or other cleaning of pavement that contains any soap, detergent solvent, degreaser, emulsifier, dispersant, or other cleaning substance; or any wastewater from the wash-down or other cleaning of any pavement where any spill, leak, or other release of oil, motor fuel, or other petroleum or hazardous substance has occurred, unless all such materials have been previously removed;
   12. 12.
       Any effluent from a cooling tower, condenser, compressor, emissions scrubber, emission filter, or the blow down from a boiler;
   13. 13.
       Any ready-mixed concrete, mortar, ceramic, or asphalt base material or discharge resulting from the cleaning of vehicles or equipment containing or used in transporting or applying such material;
   14. 14.
       Any runoff, wash down water or waste from any animal pen, kennel, fowl or livestock containment area or any pet or animal wastes generally;
   15. 15.
       Any filter backwash from a swimming pool or fountain, except that nothing in this ordinance shall be construed as to require the alteration of the filter discharge plumbing of an existing swimming pool, fountain or spa if such plumbing was compliant with applicable state, federal, and local regulations at the time of construction;
   16. 16.
       Any swimming pool, fountain or spa water containing a readily detectable level of chlorine, muriatic acid or other chemicals used in the treatment or disinfection of the water or during the cleaning of the facility;
   17. 17.
       Any discharge from water line disinfection by super chlorination if it contains a harmful level of chlorine at the point of entry into the MS4 or surface waters;
   18. 18.
       Any contaminated runoff from a vehicle wrecking yard;
   19. 19.
       Any substance or material that will damage, block, or clog the MS4;
   20. 20.
       Any release from a petroleum storage tank (PST), or any leachate or runoff from soil contaminated by leaking PST; or any discharge of pumped, confined, or treated wastewater from the remediation of any such PST release, unless the discharge has received an NPDES permit from the state;
   21. 21.
       Any other discharge that causes or contributes to causing the City to violate a state water quality standard, the City's NPDES stormwater permit, or any state-issued discharge permit for discharges from its MS4.
2. B.
   No person shall introduce or cause to be introduced into the MS4 any sediment, silt, earth, soil, or other material associated with clearing, grading, excavation or other construction activities in excess of what could be retained on site or captured by employing sediment and erosion control measures, except as allowed for in conformance with Section 16.200 of the Code.
3. C.
   No person shall connect a line conveying sanitary sewage, domestic or industrial, to the MS4. No property owner shall allow such a connection to continue in use on their property.
4. D.
   No person shall use pesticides or fertilizers except in accordance with manufacturer recommendations. Pesticides and fertilizers shall be stored in a manner to prevent release to the MS4.
5. E.
   No person shall tamper with, destroy, vandalize, or render inoperable any BMPs which have been installed for the purpose of eliminating or minimizing pollutant discharges, nor shall any person fail to install or fail to properly maintain any BMPs which have been required by the City or by other local, state, or federal jurisdictions.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.58.060 Inspection and Detection Program.

The Director is authorized to develop and implement a plan to actively detect and eliminate prohibited discharges and connections to the MS4 or surface waters within the City. Such plan may include, but is not limited to, periodic and random inspections of facilities and businesses, particularly those most associated with potentially prohibited discharges; visual surveys of exterior practices; inspection, sampling and analyses of discharges from outfalls of the MS4, particularly during dry weather periods; manhole and pipe inspections to trace discharges through the system to point of origin; education on pollution prevention; and receipt of complaints and information from the public regarding known or suspected discharges.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.58.070 Release Reporting and Cleanup.

1. A.
   Any person responsible for the release of any prohibited material that may flow, leach, enter, or otherwise be introduced into the MS4 or surface waters shall take all necessary steps to ensure the containment and cleanup of such release.
2. B.
   In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services.
3. C.
   In the event of a release of non-hazardous materials, said person shall notify the Director in person or by phone or facsimile no later than the next business day. Notifications in person or by phone shall be confirmed by written notice addressed and mailed to the Director within three business days of the phone notice.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.58.080 Enforcement; Designation of Officer; Abatement; Right of Entry; Penalty.

The Director or his or her appointed representative shall be designated as the public officer charged with the administration and enforcement of this Act. The public officer shall authorize the investigation of violations of the Act. If it is determined that a violation of this Act exists, then the officer shall declare such condition a nuisance and is authorized to pursue abatement and enforcement procedures as specified in Chapter 7.04 of the Code.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.58.090 Severability.

If any section, subsection, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this ordinance.

(History: Ord. SWP-2562 §1, 2006)

Effective on: 1/1/1901

7.12 Food Establishments (Repealed.)

Repealed Sections of 7.16 Trees and Shrubs

Repealed Sections of 7.20 Weeds

7.24 Signs on Public Rights-of-Way (Repealed)

(This entire chapter has been repealed – See Sections 18.110.560 and 18.440.150)

7.26 Property Maintenance (Repealed - See Section 7.25)

This entire section has been repealed.  Please see section 7.25.

(History: Ord. No. PM-3289 §31, 2020)

Effective on: 1/1/1901

Repealed Sections of 7.36 Collections and Storage of Solid Waste and Recyclables

7.40 Garbage and Prohibited Burning (Repealed)

(This entire chapter has been repealed – See Chapters 7.36 and 16.14)

7.44 Trash Haulers and Truck Beds (Repealed)

(This entire chapter has been repealed – See 7.36 Collection and Storage of Solid Waste and Recyclables)

7.45 Collection of Recyclable and Compostable Materials Act (Repealed)

(This entire chapter has been repealed. See Chapter 7.36)

7.48 Privy Vaults (Repealed)

(This entire chapter has been repealed -- See Section 16.108.302.2)

7.52 Septic Tanks (Repealed)

(This entire chapter has been repealed -- See Chapter 16.180)

Repealed Sections of 7.54 Excavations, Grading & Drainage