A CHARTER ORDINANCE EXEMPTING THE CITY OF NEWTON, KANSAS, FROM SECTION 12-1641 OF THE GENERAL STATUTES OF KANSAS OF 1949 AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT RELATING TO THE REMOVAL AND ABATEMENT OF NUISANCES, DUTIES OF SANITARIAN, CITY CLERK AND BOARD OF HEALTH IN RELATION THERETO, AND ASSESSMENT OF COSTS.

Section 1. The City of Newton, Kansas, by the power vested in it by Article 12, Section 5, of the Constitution of the State of Kansas, hereby elects to make inapplicable to it, and exempts itself from Section 12-1641 which applies to said city, but not uniformly to all cities, and provide substitute and additional provisions on the same subject as hereinafter provided.

Section 2. Abatement of Nuisances. Whenever the Board of Health or the Public Health Sanitarian, hereinafter called Sanitarian, shall file with the city clerk a written statement that a nuisance, including rank grass or other vegetation (but not noxious weeds) or any pond or ponds of water, exists within the city, describing said nuisance, where located, and stating the same to be a nuisance to the public health and dangerous to the health of the inhabitants of the city, or any neighborhood, family or resident thereof, the city clerk shall issue a notice requiring the owner or agent of the owner of the premises to remove and abate from said premises the thing or things therein described as a nuisance within a time not exceeding 10 days, to be specified in said notice. Said notice shall be served by the Sanitarian by delivering a copy thereof to the owner, agent or occupant of said property, or if the same be unoccupied and the owner a nonresident, then by mailing said notice, registered, postage prepaid, to his last known address: Provided, That if the owner, agent or occupant aforesaid shall fail to comply with the requirements of said notice for a period longer than that named in said notice, then the Sanitarian shall proceed to have the nuisance and thing or things described therein removed and abated from said lot or parcel of ground and shall report the cost thereof to the city clerk, and the cost of such removal and abatement shall be assessed and charged against said lot or parcel of ground on which such nuisance was located; the city clerk shall thereupon notify by mail such owner, agent or occupant of such cost and if the same be not paid within 30 days from the date of mailing said notice, the city clerk shall, at the time of certifying other taxes to the county clerk, certify the aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against said 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.

Section 3. Section 11-204 of the Code of the City of Newton, Kansas, 1964, be and the same is hereby repealed.

(9-16-64)