Title 7 - Health and Sanitation

1. A.

   City shall mean the City of Overland Park, Kansas.

Effective on: 1/1/1901

2. B.
   Property owner shall mean the named property owner as indicated by the records of the Records and Tax Administration or Appraiser's Office in Johnson County, Kansas.

Effective on: 1/1/1901

3. C.
   Drainageway shall mean a man-made or natural conveyance that transports stormwater overland which is frequently referred to as a channel, swale, engineered swale, ditch, gully, stream, or watercourse.  The drainageway includes all land inundated during the 1% design storm. A drainageway does not include areas where water flows in a non-concentrated or sheet flow condition.

Effective on: 1/1/1901

4. D.
   Representative shall mean any person or entity listed in the Johnson County, Kansas, Appraiser's Office or Treasurer's Office for the purposes of paying taxes; a registered agent with the Kansas Secretary of State's Office for corporate or partnership ownership; an agent or manager directed by the property owner, estate, or court order to represent the interests of the property or to otherwise control activities on the real property; or a corporate officer.

Effective on: 1/1/1901

5. E.
   Person shall mean any individual; individuals; partnership; corporation; unincorporated association; other business organization; committee; board; trustee; receiver; agent; or any representative who has charge, care or responsibility for maintenance of any property, lot or parcel of land regardless of status as owner, tenant or lessee, and regardless of whether such person has possession.

Effective on: 1/1/1901

6. F.
   Tenant shall mean any person who has a severable or nonseverable interest in the real property either by oral or written lease or covenant, or by other methods of conveying a limited interest in such lands; or any person who occupies or has possession of such real property.

Effective on: 1/1/1901

7. G.
   Perennial violator shall mean any person who shows an annual pattern of failing to comply with this Act which may be shown by repeated notices of abatement, notices of costs, or previous violations of this Act.

Effective on: 1/1/1901

8. H.
   Nuisance shall mean any condition which causes or creates an unreasonable interference with the rights of the general public and shall include, but not be limited to, graffiti, rank vegetation; rank or infested compost heaps; dense smoke; excessive dust, ash, or fine particles in the air; rank ponds or standing water including swimming pools, water receptacles, and undrained areas; cesspools creating on or rising to the surface; rank odors; unkempt trash, refuse, brush and limbs, debris or building materials; rank sewage or septic system; excessive accumulation of animal waste; exposed animal carcasses after death; sheds, garages, or other out-buildings allowing infestation of rodents or insects or left unsecured to allow entry of animals, humans, or the natural elements such as rain, hail and snow, or otherwise left unkempt or unsightly, except for outdoor dog or pet houses maintained in a clean and reasonable manner; trees, shrubs, or plants which are dead, diseased or infested which present a harmful or dangerous condition to the public; exposed refrigerators or freezers, or other appliances left unsecured; private streets on residential and commercial properties containing potholes or other conditions creating safety hazards for pedestrians or motor vehicles; encroachments in the public right-of-way for private purposes which create a safety hazard including, but not limited to, fixed basketball goals and masonry mailbox enclosures; surface discharge from sump pumps or other subsurface drainage lines in a manner that causes buildup of algae or ice that endangers pedestrian or vehicular traffic; and any other condition which is determined to present a dangerous or harmful condition to the public.

Effective on: 1/1/1901

9. I.
   Unsafe structure shall mean any structure or part of a structure which remains or is damaged to present a dangerous or unsafe condition to the public including, but not limited to, structures damaged by fire, damaged by natural events or elements such as wind, tornadoes, earthquakes, flooding or settling of the ground; damaged by insect infestation; damaged due to the failure to provide reasonable maintenance; structures occupied or unoccupied which have broken windows, missing boards or siding, unsecured doors, or unsecured openings which allow the harboring of animals, insects, transients, or create an attraction to children; structures which, due to the opinion of qualified experts or inspectors, including but not limited to, fire, engineering, or architectural experts, present an unsafe or dangerous condition to those on or near the property; unfinished structures where no occupancy permit has been issued, and any building permit has lapsed for more than 30 days; structures which remain unfinished, or without an occupancy permit, after 18 months from the date of the first building permit and where no inspection for newly completed work has been requested from the City within the last 45 days.

Effective on: 1/1/1901

10. J.
    Qualified expert shall mean a person who is regularly employed to conduct structural inspections to comply with life, safety, mechanical, health, and building codes or a licensed professional in the field of engineering or architecture.

Effective on: 1/1/1901

11. K.
    Graffiti shall mean any drawing, painting, writing, inscription, figure or mark, regardless of its content, of the type which is commonly known and referred to as "graffiti," which is written, drawn, painted, sprayed, scratched or otherwise placed or affixed, regardless of the nature of the material used, on any wall, window, rock, building or portion thereof, fence, gate, sign, utility box, utility pole, other structure, tree or other real or personal property, either publicly or privately owned, and that is visible from any adjacent public or private property or public or private right-of-way. 

(History: Ord. ROCR-3305 §3, 2020; Ord. EGD-2948 §1, 2012; NU-2877 §1, 2011; NU-2601 §1, 2006; NU-1719 § 1, 92; NU-1382 §1, 86)

Effective on: 1/1/1901