Article 6. Housing Code - Code of the City of Augusta, Kansas

4-601. Uniform housing code incorporated.

That certain code known as the “Uniform Housing Code, 1991 Edition,” recommended by the International Conference of Building Officials, 5360 Workman Mill Road, Whittier, California 90601, is hereby incorporated by reference herein and made a part of this article, save and except such portions as are hereinafter or may hereafter be deleted or amended as authorized by and in the manner prescribed by the statutes of the State of Kansas.

(Ord. 1629; Code 2010)

4-602. Deletions.

Deletions to the Uniform Housing Code incorporated by reference in section 4-601 herein shall be as follows:

(a) Section 1102 Recording of Notice and Order.

(b) Section 1602 Report Transmitted to Council – Set for Hearing.

(d) Section 1604 Hearing of Protests.

(e) Section 1605 Personal Obligation or Special Assessment.

(f) Section 1606 Contest.

(g) Section 1607 Authority for Installment Payment of Assessments with Interest.

(Ord. 1629; Code 2010)

4-603. Amendments.

None.

(Ord. 1629; Code 2010)

4-604. Additions.

The Uniform Housing Code, incorporated by reference in section 4-601 herein shall have the following additions:

(a) Section 201(c)1 WEEDS, GRASS AND OTHER VEGITATION. The owner of any lot or piece of land within the City shall keep the lot or pieces of land free and clear of all weeds, grass and other vegetation by cutting or destroying all such weeds, grass and other vegetation before the same blossoms or matures or attains a size of six (6) inches on occupied property or twelve (12) inches on unoccupied property. Nothing in this section shall affect or impair the rights of the City under the provisions of the Kansas Statutes Annotated, Chapter 2, Article 13 and amendments thereto, relating to the control and eradication of certain noxious weeds.

(b) Section 303(a) INSPECTION STANDARDS. No person shall be found in violation of this code unless the building official or his representative, after a reasonable inquiry and inspection of the premises, believes that the conditions exist of a quality and appearance prohibited by this code and/or contrary to the health, safety and general welfare of the community exists on the premises in question. Such belief shall be supported by evidence of the unsightly conditions or other acts prohibited by this code, the technical codes or other regulations of the City.

(1) ABANDONED MOTOR VEHICLE shall mean any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of the code; or incapable of moving under its own power; or in a junked or wrecked condition.

(2) ACCESSORY STRUCTURE shall mean a secondary structure detached from the principal structure but on the same premises, including but not limited to, garages, sheds, barns or out-buildings.

(3) COMMERCIAL or INDUSTRIAL shall mean used or intended to be used primarily for other than residential purposes.

(4) GARBAGE shall mean without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparations, cooking, serving, delivering, storage or use of foodstuffs.

(5) PREMISES shall mean any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.

(6) REFUSE shall mean garbage, trash and any other discarded material of whatever description or composition.

(7) RESIDENTIAL shall mean used or intended to be used primarily for human habitation.

(8) TRASH shall mean combustible waste consisting of, but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and non-combustible waste consisting of, but not limited to: metal, tin, cans, glass crockery, plastics, mineral matter, ashes or street rubbish and sweepings.

(d) Section 1001(k1). UNLAWFUL ACTS. It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises conditions which are detrimental to adjoining property, the neighborhood or the City. For the purposes of this section the unlawful acts shall be allowing to be scattered over the parking, leaving, depositing or accumulating on the yard of any premises the following described materials but not in limitation thereof: lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, abandoned motor vehicles, furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, junk, refuse, garbage, trash or other such items of personal property.

(e) Section 1101(b)3(iv). If the building official has determined that an unlawful act exist on the premises, lot or parcel of land in violation of Section 1001Ik1 the order to abate the conditions causing the violation to be corrected within fifteen (15) days from the date of the mailing of the notice to alleviate the exterior conditions and/or fifteen (15) days from the date of the mailing of the notice to request a hearing before the Board of Appeals.

(f) Section 1101(b)3(v). If the building official has determined that weeds, grass and other vegetation are not kept cut or are not destroyed in violation of Section 201(c)1 of this article, the order shall require five (5) days written notice if the owner or agent is known or ten (10) days’ notice in the official city newspaper if the owner or agent is unknown. Where the owner shall refuse to comply with said notice, or where the owner is unknown, the building official shall have such weeds, grass or other vegetation cut or destroyed by a private contractor.