ORDINANCE NO.  8280

AN ORDINANCE AMENDING SECTION 9-607 OF THE CITY CODE RELATED TO THE ISSUANCE OF NOTICES OF VIOLATION UNDER THE ENVIRONMENTAL CODE, ARTICLE 6 OF CHAPTER IX OF THE CITY CODE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

Section 1. Section 9-607 of the Code of the City of Lawrence, 2008 edition, and amendments thereto, is hereby amended to read as follows:

                       9-607                 NOTICE OF VIOLATION; AUTHORITY TO ISSUE NOTICE TO APPEAR FOR REPEAT VIOLATIONS. 

Any person found by the public officer to be in violation of Sections 9-606 through Section 9-606.4 of this Article shall be sent a notice of such violation by the public officer as provided by this Article; provided that no violation notice pursuant to this Article shall be required if the violation notice is for the same person within the preceding twenty-four (24) months, in which case personnel of the Planning and Development Services Neighborhood Resources Department or the City Prosecutor's Office shall have the authority to issue a Notice to Appear in Municipal Court pursuant to the provisions of Charter Ordinance No. 31.  The notice of violation requirements of this Section 9-607 shall not apply to violations for which a Notice to Appear has been issued.

The violation notice of violation shall be served sent as follows:

A copy of the notice of violation shall be conspicuously posted on the property where the violation is alleged to exist.  In the case of property containing a structure, posting a door hanger on a main entrance to the structure shall be considered conspicuous posting.

A copy of the Notice of Violation shall be mailed by certified mail, postage prepaid, return receipt requested to such person at his or her last known address.

The violation notice of violation shall state:

(A)        The condition which has caused the violation of this Article; and

(B)        That the person in violation shall have:

(1)        Seven (7) days from the date of the service of the notice of violation to alleviate the exterior conditions (yard) violation, for any portion of such a violation that consists of junk or refuse, and/or

(2)        Fifteen (15) days from the date of the service mailing of the notice to alleviate the exterior conditions (yard) violation, for any portion of the violation that does not consist of junk or refuse, and/or,

(3)        Thirty (30) days from the date of the service mailing of the notice to alleviate the exterior conditions (structure) violation, or as an alternative to (1) and/or (2) above,

            (4)        Seven (7) days from the date of the service of the notice of violation to alleviate any exterior conditions (yard) violation that involves junk or refuse, and f            ifteen (15) days from the date of service mailing of the notice for all other types of violations to request, as provided in Section 9-611, a hearing before the Neighborhood Resources Advisory Committee on the matter;

(C) That failure to alleviate the condition or to request a hearing may result in prosecution under Section 9-608 of this Article, and/or, abatement of the condition by the City according to 9-609 of this Article, with the costs assessed against the person under Section 9-613 of this Article.

Section 2. Severability.  If any section, clause, sentence, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.

Section 3.        This ordinance shall take effect and be in force effective upon its passage and publication once in the official city paper as provided by law.

PASSED by the Governing Body this _______ day of____________, 2008.

                                                                                    PASSED:

                                                                                    ________________________

                                                                                    Michael Dever, Mayor

ATTEST:

____________________________

Frank S. Reeb, City Clerk

APPROVED AS TO LEGAL FORM:

____________________________

Toni Ramirez Wheeler   

Director of Legal Services