Title 7 - Health and Sanitation

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