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PLEASE NOTE: The full text of each new ordinance will be posted here when it is adopted by the Council and approved by the Mayor. Such ordinances will remain on this website page for a limited period of time. Original written and signed ordinances of the City of Fall River may be viewed by anyone at City Hall during regular office hours. A copy of any ordinance posted in full on this website but only in summary version in the City's official newpaper, the Eureka Herald, will be available on request, without charge.
ORDINANCES OF THE CITY OF FALL RIVER
Ordinance No. 260
AN ORDINANCE DECLARING NUISANCES WITHIN THE CITY OF FALL RIVER, KANSAS, TO BE UNLAWFUL;
PROVIDING FOR THE ABATEMENT OR REMOVAL OF NUISANCES; AUTHORIZING THE ASSESSMENT OF COSTS,
PROVIDING FOR PENALTIES, AND REPEALING ORDINANCE N0. 240.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER, KANSAS, THAT:
Section One
UNLAWFUL NUISANCES DEFINED
It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:
a. Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown, left, or deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure, or lot, whether vacant or occupied.
b. Dead animals not removed within 24 hours after death.
c. Any place or structure or substance which emits or causes offensive, disagreeable or nauseous odors.
d. Stagnant ponds or pools of water.
e. Iceboxes, freezers, or refrigerators, whether abandoned or under the control of any person, kept for more than 48 hours on porches, patios, decks, or other unenclosed areas on a lot; or in streets, alleys, right-of-ways or other public areas.
f. All articles or things whatsoever caused, kept, maintained, or permitted by any person to the injury annoyance, or inconvenience to the public or of any neighborhood.
g. Any fence, structure, thing, or substance placed upon or being upon any street, sidewalk alley, or public ground so as to obstruct the same, except as permitted by the laws of the city.
h. All things representing fire hazards, including, but not limited to:
(1) Accumulation of combustible rubbish, trash, packing materials, waste paper, excelsior, or empty boxes in any building or outside of and adjacent to any building, or in any alley, sidewalk, or premises within thirty (30) feet of any building, unless stored in metal or wooden metal-lined bins with self-closing or automatic covers. Such items, if so stored, will not be subject to this ordinance during the time elapsed between two regularly scheduled days of City refuse collection.
(2) Deposits, stacks, or stores of hay or straw, whether baled or not baled, and whether in a building or shed, or out-of-doors, except for small amounts, baled or not baled, of no more than a total of 200 pounds, for personal or commercial use.
(3) Failure to comply with any law concerning storage, handling, or use of inflammable oils, explosives, liquefied petroleum gases, fertilizers, welding or soldering materials, or other substances conducive to the outbreak or spreading of fire.
Section Two
PUBLIC OFFICER; COMPLAINTS; INQUIRY AND INSPECTION
The Governing Body shall designate a Public Officer, who shall be charged with administration and enforcement of this ordinance, and shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating their information or belief that a nuisance exists and describing the same and where located; or after being informed that a nuisance may exist by a board of health, chief of police, or fire chief. The Public Officer also may make such inquiry and inspection when he or she observes a condition which appears to constitute a nuisance. Upon making any inquiry and inspection the Public Officer shall make a written report of findings.
Section Three
RIGHT OF ENTRY
It shall be a violation of this ordinance to deny the Public Officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists. The Public Officer shall enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. Notwithstanding the foregoing, if entry is denied by such person, the Public Officer will then seek an order or warrant from an administrative body or a court of competent jurisdiction before entry.
Section Four
ORDER OF VIOLATION
a. Upon review of the written report of the Public Officer, the Governing Body shall decide whether to issue an Order of Violation to the owner of any property in violation of this ordinance; or to any person, corporation, company, partnership, association or organization in violation of this ordinance.
b. The Public Officer is hereby designated by the Governing Body for the purposes of issuing all such orders, upon the written resolution of the Governing Body stating a finding of a violation of this ordinance. Such orders shall be issued in the name of the Governing Body, be served as required in this Section Four, and contain all notices and any other information required by this ordinance and K.S.A. 12-1617e, as amended. The Governing Body shall direct the Public Officer to serve such orders on the owner or
the agent of the owner of such property; or on the person, corporation, company, partnership, association, or organization in violation of this ordinance. Service shall be made by certified mail, return receipt requested, or by personal service.
c. If the owner or agent, person, corporation, company, partnership, association, or organization has failed to accept delivery or otherwise failed to effectuate receipt of an Order of Violation sent pursuant to this Section Four during the preceding twenty-four month period, the Governing Body may provide notice of the issuance of any further orders to abate or remove a nuisance by other methods, including, but not limited to, door hangers, conspicuous posting on the property of such orders, personal notification, telephone communication, or first class mail.
Section Five
CONTENT OF ORDER
In addition to stating the condition(s) in violation of this ordinance, the Order of Violation shall inform the owner, agent, person, corporation, company, partnership, association, or organization (“the requestor”) that:
a. The requestor shall have 10 days from the date of serving the Order of Violation, in which to abate or remove the condition(s) in violation of this ordinance; and,
b. In the alternative, the requestor shall have 10 days from the date of service of the Order of Violation to request a hearing before the Governing Body as provided in Section Six.
c. Failure either to abate or remove the condition(s), or to request a hearing within the time allowed, may result in prosecution as provided in Section Seven and/or abatement or removal of the condition(s) by the City, as provided in Section Eight.
Section Six
HEARING
If a hearing is requested as provided in Section 5, the request shall be made in writing to the Governing Body and timely presented, either by personal service on a City employee or official at City Hall on or before the end of the ten (10)-day period, or by first-class mail, postmarked on or before the end of the ten (10)-day period. Failure to make a timely request for a hearing shall constitute a waiver of the requestor’s right to contest the findings of the Governing Body as to the existence of a violation of this ordinance. The hearing shall be held by the Governing Body as soon as possible after the filing of the request therefore, and the requestor shall be advised by the City of the time and place of the hearing at least five (5) working days in advance thereof. At any such hearing, the requestor may be represented by another individual, and the requestor and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the Governing Body shall record its determination of the matter by adopting a resolution and serving the resolution upon the requestor as provided by Section Eight.
Section Seven
FAILURE TO COMPLY; PENALTY
Should the owner, person, corporation, company, partnership, association, or organization fail either to comply with the Order of Violation by abating or removing the nuisance, or to request a hearing, the Governing Body may direct the Public Officer to file a complaint in the Municipal Court of the City against such owner, person, corporation, company, partnership, association, or organization. Upon conviction of any violation of this ordinance, he, she, they, or it may be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days, or be both fined and imprisoned. Each day during or on which a violation occurs or continues after an Order of Violation has been served shall constitute an additional or separate offence.
Section Eight
ABATEMENT AND REMOVAL BY THE CITY
In addition to, or as an alternative, to prosecution as provided in Section Seven, the Governing Body may seek to remedy violations of this ordinance in the following manner:
If an owner, person, corporation, company, association, or organization on whom an Order of Violation has been served as specified in Section Four has neither abated nor removed the condition causing the alleged violation nor requested a hearing before the Governing Body within the time periods specified in Section Five, the Governing Body may adopt a resolution authorizing the Public Officer or other agents of the City to abate or remove the condition causing the violation at the end of ten (10) days after passage of the resolution. The resolution shall further provide that the costs incurred by the City shall be collected as provided by K.S.A. 12-1,115, as amended, and charged against the lot or parcel of ground on which the nuisance was located, as provided in Section 9. A copy of the resolution shall be served upon the owner, agent, person, corporation, company, association, or organization in violation, in one of the following ways:
a.Personal service upon the person in violation; or
b.Service by certified mail, return receipt requested; or
c.In the event the whereabouts of such person or entity are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the Public Officer and filed with the City Clerk; and the serving of the resolution shall be made by publishig the resolution once each week for two consecutive weeks in the official newspaper and by posting a copy of the resolution on the premises where such condition exists.
Section Nine
COSTS ASSESSED
If the City abates or removes the nuisance pursuant to Section Eight, the City shall give notice to the owner or the owner’s agent by certified mail, return receipt requested, of the total costs of the abatement or removal incurred by the City. The notice shall also state that payment is due within 30 days following receipt of the notice. The City may recover the costs of providing notice, including any postage required by this Section Nine. The notice shall also state that, if the costs of the removal or abatement are not paid within the 30-day period, the costs of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, as amended, and shall be assessed as special assessments and charged against the lot or parcel of ground on which the nuisance occurred. The City Clerk shall, at the time of certifying other taxes to the County Clerk, certify the unpaid portion of the costs as provided in this section. The County Clerk shall extend the same on the tax roll and it shall be collected by the County Treasurer and paid to the City as other city taxes are collected and paid. The City may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, as amended, but only until the full costs and applicable interest have been paid in full.
Section Ten
This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper. Ordinance No. 240 is hereby repealed, and any other ordinances, or parts of ordinances, are repealed to the extent they are in conflict with this ordinance.
Adopted by the City Council and approved by the Mayor on this 6th day of June, 2016.
/s/Haskell Fogle
Haskell Fogle, Mayor
Attest:/s/Cynthia Mitchell
Cynthia Mitchell, Clerk
Ordinance No. 261
AN ORDINANCE MAKING IT UNLAWFUL TO MAINTAIN OR PERMIT A MOTOR
VEHICLE NUISANCE WITHIN THE CITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,KANSAS, THAT:
Section One
FINDINGS OF GOVERNING BODY
The Governing Body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety, and general welfare of citizens of the City. They constitute a motor vehicle nuisance, in that they:
a. serve as breeding grounds for insects, rats and other rodents;
b. are a danger to persons, particularly children, because of glass, metal protrusions,insecure mounting on blocks, jacks, or other supports;
c. are a ready source of fire and explosion;
d. encourage pilfering and theft;
e. constitute a blighting influence upon the area where they are located;
f. constitute a fire hazard because they frequently block access for fire personnel and equipment to adjacent buildings and structures.
Therefore, it is hereby made unlawful for any person or entity to maintain or permit any
motor vehicle nuisance within the City.
Section Two
DEFINITIONS AND EXCLUSIONS
a. A "person or entity," for purposes of this ordinance, shall mean an individual,corporation, company, partnership, association, or organization, without limitation.
b. A "motor vehicle nuisance" is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149, inclusive, as amended; is parked in violation of any City ordinance; or is incapable of moving under its own power; or is in a junked, wrecked or inoperable condition.
c. "Motor vehicle" means, without limitation, any automobile, truck, tractor, or motorcycle which, as originally built, had an engine, regardless of whether it contained an engine at any other time.
d. "Inoperable" means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned, or unable to perform the function or purpose for which it was originally constructed.
e. If it meets one of the following conditions, there shall be a presumption that a motor vehicle is junked or wrecked:
(1) Absence of current license or other legal registration visible upon the vehicle;
(2) Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;
(3) Absence of one or more parts necessary for the lawful operation of the vehicle upon a street or highway.
f. The provisions of this ordinance shall not apply to:
(1) any motor vehicle which is enclosed in a garage or other building; or
(2) the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or
(3) any person or entity conducting a business enterprise in compliance with existing zoning regulations; or any person who places such vehicles behind an enclosure or screening of sufficient size, strength, and density to screen such vehicles from the view of the public and to prohibit ready access by children to such stored
vehicles.
g. Nothing in this ordinance shall be construed to authorize the maintenance of a public
nuisance under Ordinance No. 260.
\
Section Three
PUBLIC OFFICER; COMPLAINTS; INQUIRY AND INSPECTION
The Governing Body shall designate a Public Officer, who shall be charged with administration and enforcement of this ordinance. The Public Officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing Signed by two or more persons stating their information or belief that a nuisance exists and describing the same and where located; or after being informed that a nuisance may exist by a board of health, chief of police, or fire chief. The Public Officer also may make such inquiry and inspection when he or she observes a condition which appears
to constitute a nuisance. Upon making any inquiry and inspection the Public Officer shall make a written report of findings.
Section Four
RIGHT OF ENTRY
It shall be a violation of this ordinance to deny the Public Officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists. The Public Officer shall enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. Notwithstanding the foregoing, if entry is denied by such person, the Enforcing Officer will then seek an order or warrant from an administrative body or a court of competent jurisdiction before entry.
Section Five
ORDER OF VIOLATION
a. Upon review of the written report of the Public Officer, the Governing Body shall decide whether to issue an Order of Violation to the owner of any property in violation of this ordinance; or to any person, corporation, company, partnership, association or organization in violation of this ordinance.
b. The Public Officer is hereby designated by the Governing Body for the purposes of issuing all such orders, upon the written resolution of the Governing Body stating a finding of a violation of this ordinance. Such orders shall be issued in the name of the Governing Body, be served as required in this ordinance, and contain at! notices and any other information required by this ordinance and K.S.A. 12-1617e, as amended. The Governing Body shall direct the Public Officer to serve such orders on the owner or the agent of the owner of such property; or on the person, corporation, company, partnership, association, or organization in violation of this ordinance. Service shall be made by certified mail, return receipt requested, or by personal service.
c. If the owner or agent, person, corporation, company, partnership, association, or organization has failed to accept delivery or otherwise failed to effectuate receipt of an Order of Violation sent pursuant to this Section Five during the preceding twenty-four (24) month period, the Governing Body may provide notice of the issuance of any further orders to abate or remove a nuisance by other methods, including, but not limited to, door hangers, conspicuous posting on the property of such orders, personal notification, telephone communication, or first class mail.
Section Six
CONTENT OF ORDER
In addition to stating the condition(s) in violation of this ordinance, the Order of Violation
shall inform the owner, agent, person, corporation, company, partnership, association,
or organization ("the requestor") that:
(a) The requestor shall have ten (10) working days from the date of serving the Order of Violation to abate or remove the condition(s) in violation of this ordinance; and
(b) in the alternative, the requestor shall have ten (10) working days from the date of service of the Order of Violation to request a hearing before the Governing Body as provided in Section Seven.
(c) Failure either to abate or remove the condition(s), or to request a hearing within the time allowed, may result in prosecution as provided in Section Eight and/or abatement or removal of the condition(s) by the City, as provided in Section Nine.
Section Seven
HEARING
(a) If a hearing is requested as provided in Section Six, the request shall be made in writing to the Governing Body and timely presented, either by personal service on a City employee or official at City Hall on or before the end of the ten (10)-day period, or by first-class mail, postmarked on or before the end of the ten (10)-day period. Failure to make a timely request for a hearing shall constitute a waiver of the requestor's right to contest the findings of the Governing Body as to the existence of a violation of this ordinance. The hearing shall be held by the Governing Body as soon as possible after
the filing of the request therefore, and the requestor shall be advised by the City of the time and place of the hearing at least five (5) working days in advance thereof. At any such hearing, the requestor may be represented by another individual, and the requestor and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the
Governing Body shall record its determination of the matter by adopting a resolution and serving the resolution upon the requestor as provided by Section Nine.
Section Eight
FAILURE TO COMPLY; PENAL TV
Should the owner, person, corporation, company, partnership, association, or organization fail either to comply with the Order to abate or remove the nuisance, or to request a hearing, the Governing Body may direct the Public Officer to file a complaint in the Municipal Court of the City against such owner, person, corporation, company, partnership, association, or organization. Upon conviction of any violation of this ordinance, he, she, they, or it may be fined in an amount not to exceed $100.00 or be imprisoned not to exceed 30 days, or be both fined and imprisoned. Each day during or on which a violation occurs or continues after an Order of Violation has been served shall constitute an additional or separate offence.
Section Nine
ABATEMENT AND REMOVAL BY THE CITY
In addition to, or as an alternative to prosecution as provided in Section Seven, the Governing Body may seek to remedy violations of this ordinance in the following manner:
If an owner, person, corporation, company, association, or organization on whom an Order of Violation has been served as specified in Section Five has neither abated nor removed the vehicle causing the alleged violation, nor requested a hearing before the Governing Body within the time periods specified in Section Five, the Governing Body may adopt a resolution authorizing the Public Officer or other agents of the City to abate or remove the vehicle causing the violation at the end of ten (10) days after passage of the resolution, and dispose of it as provided in K.S.A. 8-1102, as amended. The resolution shall further provide that the costs incurred by the City shall be charged against the lot or parcel of ground on which the nuisance was located as is provided in Section 11. A copy of the resolution shall be served upon the owner, agent, person, corporation,company, association, or organization in violation, in one of the following ways:
a. Personal service upon the person in violation; or
b. Service by certified mail, return receipt requested; or
c. In the event the whereabouts of such person or entity are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the Public Officer and filed with the City Clerk, and the serving of the resolution shall be made by publishing the resolution once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
Section Ten
DISPOSITION AND RECOVERY OF VEHICLE
a. Disposition of any motor vehicle abated and removed from private property pursuant to this ordinance shall be as provided by K.S.A. 8-1102, as amended.
b. Any person or entity attempting to recover a motor vehicle impounded as provided in this ordinance shall show proof of valid registration and ownership of the motor vehicle before the motor vehicle shall be released. In addition, the person or entity desiring the release of the motor vehicle shall pay all reasonable costs associated with the
impoundment of the motor vehicle, including transportation and storage fees, prior to the release of the motor vehicle.
Section Eleven
COSTS ASSESSED
If the City abates or removes the nuisance pursuant to Section Nine, the City shall give notice to the owner or the owner's agent by certified mail, return receipt requested, of the total costs of the abatement or removal incurred by the City. The notice shall also state that payment is due within 30 days following receipt of the notice. The City may recover the costs of providing notice, including any postage required by this Section Twelve. The notice shall also state that if the cost of the removal or abatement is not
a. paid within the 30-day period, the costs of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, as amended, and they shall be assessed as special assessments and charged against the lot or parcel of ground on which the vehicle was located. The City Clerk shall, at the time of certifying other taxes to the
County Clerk, certify the unpaid portion of the costs as provided in this section. The County Clerk shall extend the same on the tax roll and it shall be collected by the County Treasurer and paid to the City as other city taxes are collected and paid. The City may pursue collection both by levying a special assessment and in the manner
provided by K.S.A. 12-1,115, as amended, but only until the full cost and applicable interest has been paid in full.
Section Twelve
This ordinance shall be in full force and effect from and after its adoption and publication
in the official city newspaper. Any prior ordinances, to the extent they conflict with this
ordinance, are hereby repealed
Adopted by the City Council and approved by the Mayor on this 2nd day of May, 2016.
/s/Haskell Fogle
Haskell Fogle, Mayor
Attest:/s/Cynthia Mitchell
Cynthia Mitchell, Clerk
Ordinance No. 262
AN ORDINANCE DESIGNATING AN ENFORCING OFFICER FOR PURPOSES OF ADMINISTERING THE PROVISIONS OF
K.S.A. 12-1750-12-1756g AND REPEALING ORDINANCE 183.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER, KANSAS, THAT:
Section One
Pursuant to K.S.A. 12-1750, which requires such designation by ordinance, John Schouten is hereby designated as the Enforcing Officer for administration of the provisions of K.S.A. 12-1750 through 12-1756, as amended.
Section Two
This ordinance shall be in full force and effect after its publication in the official newspaper of the City. Ordinance 183 is hereby repealed.
Adopted by the City Council and approved by the Mayor on this 6th day of June, 2016.
/s/Haskell Fogle
Haskell Fogle, Mayor
Attest:/s/Cynthia Mitchell
Cynthia Mitchell, Clerk
CHARTER ORDINANCE NO. 8
A CHARTER ORDINANCE AMENDING, IN PART, CHARTER ORDINANCE NO. 6
Section 1. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER, KANSAS,
at its regular meeting on March 6, 2017, that Charter Ordinance No. 6 shall be amended in partas follows, for the purpose of clarification and correction of drafting errors (“this Amendment”).
Section 2. The governing body shall consist of a mayor and five council members, to be elected to terms as set forth herein. The mayor and council members shall be citizens of the United States and the State of Kansas who, at the time of their election, reside within the corporate boundaries of Fall River, Kansas, and who are duly and who are duly and properly registered Kansas voters.
Section 4. General elections shall take place on the Tuesday succeeding the first Monday in November 2017. Succeeding elections shall be held every two years for all such governing body positions whose terms have expired. The mayor and council members for positions 2 and 4 shall be elected in 2017, and council members for positions 1, 3, and 5 shall be elected in the succeeding election. The mayor and all council members shall have four-year terms.
Section 5. In case of a vacancy in the council occurring by reason of resignation, death, or removal from office, the mayor, by and with the advice and consent of the remaining council members, shall appoint a citizen of the United States and the State of Kansas who, at the time of his or her appointment, resides within the corporate limits of Fall River, Kansas, and is a duly and properly registered Kansas voter, to fill the vacancy until the next election for that office.
Section 7. All City elections shall be nonpartisan. Any person desiring to become a candidate for city office elected at large shall file with the Greenwood County, Kansas, election office, before the filing deadline, as established in K.S.A. 25-205, as amended, a declaration of candidacy on a form furnished by the Greenwood County election officer as specified by the Kansas Secretary of State.
All other sections and provisions of Charter Ordinance No. 6, as passed on January 4, 2016, shall remain in force, without amendment.
This Amendment shall take effect 61 days after its final publication, unless a sufficient petition for a referendum is filed, in which case this Amendment shall become effective upon approval by the majority of electors voting thereon.
Passed by the Governing Body, not less than two-thirds of the members voting in favor thereof, on this 6th day of March, 2017.
/s/ Haskell Fogle
Haskell Fogle, Mayor
Attest:/s/ Norma Jones
Norma Jones, Interim City Clerk
Ordinance No. 263
AN ORDIANANCE PROVIDING FOR NOMINATING PETITIONS OF CANDIDATES FOR CITY OFFICE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER, KANSAS THAT:
Section One
WHEREAS,it is provided in K.S.A. 25-2110(b)that the number of qualified electors of the city which must sign a nomination petition shall be established by the city governing body by passage of an ordinance; it is therefore ordained that:
Section Two
A nomination petition for any candidate in any general election of the City of Fall River, Kansas, must contain the signatures of at least three percent (3%)of the qualified electors in the City of Fall River, Kansas. The definition iof the terms in this ordinance shall be governed by Charter Ordinance No. 6, as amended by Charter Ordinance No. 8.
Adopted by the City Council and approved by the Mayor on this 3rd day of April, 2017.
/s/ Haskell Fogle
Haskell Fogle, Mayor
attest: /s/ Cynthia Mitchell
Cynthia Mitchell, City Clerk
,
Ordinance 264 no longer current
Ordinance No. 265
AN ORDINANCE DECLARING AND ESTABLISHING POLICIES AND PROCEDURES
WITH REGARD TO DELINQUENT PAYMENT OF WATER, SEWER, AND REFUSE
UTILITYSERVICES; ESTABLISHING NOTICE REQUIREMENTS AND SUBSEQUENT
PROCEDURES; PROVIDING FOR DISCONTINUANCE OF UTILITY SERVICES; AND
PROVIDING FOR RECONNECTION AND RESUMPTION of SERVICE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:
Section One
DEFINITIONS
As used in this Ordinance, the following shall apply:
a. "Customer" is the utility service account holder of record, singular or plural.
b. "Individual" refers only to natural persons. "Person" includes natural persons,
corporations, companies, partnerships, associations, and all other types and kinds of
organizations and entities, without limitation.
c. "Law Enforcement Officer" includes individuals so designated by a police department,
a sheriff's department, or a state or federal law enforcement agency or department.
d. "Quorum," for purposes of this Ordinance shall include at least three Council
members. The Mayor is not included in the quorum but may cast a deciding vote in case
of a tie vote among Council members.
e. "Utility, utilities, or utility services" means one or all of the following services provided
by the City: water service, sanitary sewer service, and refuse service.
Section Two
DISCONTINUATION OF UTILITY SERVICES
a. The City will discontinue a particular utility service to any customer, without notice or hearing, for either of the following reasons:
(1) When a customer has so requested in writing. Any unpaid bills, fees, or charges shall remain due, owing, and subject to collection by the City through any legally available means. Customers shall remain responsible for furnishing the City a correct billing address for collection of such amounts remaining due and owing.
(2) When it is determined by the City's Public Officer, the Fire Department Chief, or a law enforcement officer that continuance of a particular utility service constitutes a dangerous condition which presents an immediate threat to health or safety of persons or property on or near a customer's premises.
b. The City may discontinue or refuse a particular utility service to any customer,
following compliance with the requirements of Section Four of Ordinance, for any of the
following violations of this Ordinance:
(1) Failure to timely pay utility bills, fees, or charges as provided in Section Four of this Ordinance.
(2) Misrepresentation of a customer's identity; and/or a customer's intentional provision of other false information provided in order to obtain or continue to receive utility services from the City.
(3) Refusal of a customer, or an actual or implied agent of that customer, to allow access to the customer's property for the purpose of inspection, meter reading, maintenance, replacement, or removal of any utility service, so long as such access is by an individual designated by the City to perform one or more of those activities.
(4) Violation by a customer, or an actual or implied agent of the customer, of any rule, regulation, or ordinance of the City pertaining to utility services, when such violation adversely affects the City's utility service premises or delivery systems.
(5) Attempts by a customer, or by any person authorized or permitted by a customer, to alter, interfere with, divert, tamper with, damage, or use the City's utility services, devices, or service systems without specific authorization from designated City employees or officials.
c. In the event of substantial evidence of any violation listed in Section Two Subsection b.(1)-(5) above, the City may refuse or discontinue utility services following written notice to the customer, sent by regular mail to either the address provided by the customer to obtain service or where the services are ordinarily billed, and describing the
applicable violation(s).
(1) The customer shall have the right to a hearing before the City Council as to the notice provided in this Section Two Subsection c. Such hearing shall be provided only if a written objection to discontinuation, verifying the date the notice was received at said address and specifying good cause for the objection, is received by the City Clerk.
(2) The written objection must be received by the City Clerk within ten calendar days of the receipt-of-notice date verified in the objection. If no timely written objection is received by the City Clerk, discontinuation may proceed forthwith, at the discretion of the Council.
(3) Hearings on customer objections will ordinarily be held on a date scheduled for a regular meeting of the Council. The City Clerk shall notify each objecting customer
of the date the customer's hearing will be conducted. Continuation of the hearing date may be granted at the discretion of the Council, for good cause shown by the customer or the Council.
(4) The objecting customer must appear personally and may also be represented by another individual, at the customer's option. The Kansas rules of evidence will not apply to the hearing, and the customer's representative need not be a licensed attorney. If the customer intends to appear with a representative, the representative's name must
be provided to the Council at least 24 hours before the hearing in order to be heard at
the hearing on behalf of the customer.
(5) After a hearing held in compliance with this Section Two Subsection c., should there be a finding in favor of the customer's objection by a majority vote of the quorum or after a deciding vote of the Mayor, as described in Section One(e), above, the Council shall order connection or reconnection of the utility service specifically
applicable to the customer's objection. Such new connection shall be at no cost to the Customer beyond the normal costs of initial connection, as applicable. Reconnection shall be at no cost to the customer, with the exception of any bills, fees, or charges in place prior to the date of disconnection. If there is no such finding in favor of the
consumer, the City may proceed with denial of service, forthwith.
Section Three
UTILITY BILLING DATES AND PROCEDURES; DELINQUENCY DATES
Utility billings ordinarily will be sent by regular mail, postage prepaid, on the so" day of each month for the previous month's service. All billings for utility services shall be due and payable at the Fall River State Bank or mailed to the City of Fall River, P.O. Box 125, Fall River, KS 67047, or hand delivered to City Hall during its stated office hours.
All utility billings are due in full by the 20th day of the month after the billing date. Failure to make payment on or before that date are subject to notice by regular mail, postage prepaid, to the record address of the customer, that service may be discontinued if payment is not received by the date in the notice.
Section Four
RESULTS OF DELINQUENT PAYMENT OF UTILITY BILLS
a. The first notice of delinquency sent pursuant to Section Three shall also be sent by
regular mail, postage prepaid, to at least one record owner of the premises, if an owner
is not the customer, at the last known address of the owner.
(1) At the discretion of the City Clerk, written notice of pending disconnection or elimination of a utility service may also be provided by personal delivery on the customer by a law enforcement officer or the City's Public Officer.
(2) All written notices, whether mailed, personally delivered to the customer, or
posted, shall provide the following information:
(a) Name of the customer and address of the premises receiving utility service.
(b) Number of the utility service account.
(c) The amount past due, plus any additional delinquency charges.
(d) Notice that the utility service shall be terminated on a given date, absent payment of the amount past due and any listed delinquency charges.
(e) A copy of Section Two, subsection c. of this Ordinance.
b. If a hearing is conducted, notice of the grant or denial of the customer's objection shall be given to the customer and any representative, immediately upon decision of the Council aspart of the hearing, and the notice shall include the approximate date of discontinuation and the method of discontinuation. No other notice of time and/or method shall be provided, unless by the Council on its own motion. Any extensions of the discontinuation or removal date shall be extended only for good cause shown in writing by the customer and at the sole discretion of the Council. In any event, the
customer remains responsible for furnishing the City with a correct address for billing purposes of current and past due amounts.
Section Five
LIENS UPON REAL PROPERTY
Owners of premises which are provided utility services by the City are liable for payment of the amounts billed for those services. Such billed amounts, including but not limited to service charges, fees, and costs of the City to attempt collection of past due amounts,shall constitute a lien upon the real property, and shall beserved on the Clerk of
Greenwood County, Kansas, to be placed on the tax rolls for the real property, and shall be subject to the same penalties and collected in like manner as other taxes collectible by law.
Section Six
LIABILITY OF LEASED PROPERTY OWNERS AND OCCUPANTS
Both the record owners and the occupants of leased property shall be jointly and severally liable for unpaid billings for utility services of the City. Such billings, including but not limited to service charges, other charges and fees, and reasonable costs of the City to pursue collection, shall be collectible from both owners and occupants of leased
premises, and the City may pursue all legal collection remedies against any party, in no particular order. Owners of leased property shall be notified of delinquencies of their tenants in payment of utility services, in the same manner and to the same extent as provided to occupants in this Ordinance.
Section Seven
CHARGES AND RECONNECTION FEES
a. Late Payment Charges. All bills remaining delinquent for 21 days after the initial date of billing shall be subject to a ten percent (10%) late charge, which shall be assessed by the City upon the total delinquent amount of unpaid charges.
b. Reconnection Fees. If a customer wishes to reconnect discontinued water services, the customer shall pay to the City the entire balance due and owing to the City prior to disconnection, plus all late payment charges up to the date of reconnection. The customer shall also pay aseventy-five dollar($75.00) reconnection fee.
This Ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper. Ordinance No. 241 is hereby repealed, and any other ordinances, or parts of ordinances, are repealed to the extent they are in conflict with this ordinance.
Adopted by the City Council and approved by the Mayor on this 1stday of October, 2018.
s/s/ John Schouten
John Schouten, Mayor
attest: s/s/Cynthia Mitchell
Cynthia Mitchell, City Clerk
Ordinance No. 259
AN ORDINANCE PROVIDING FOR THE CUTTING OF VEGETATION ON LOTS OR
PARCELS OF LAND WITHIN THE CITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER, KANSAS, THAT:
Section One
Cultivated grasses, native or indigenous grasses, weeds, and other ground-cover
vegetation (collectively, "vegetation") allowed to grow more than ten (10) inches high in
lots or parcels of land within the City have a blighting influence, are a fire menace to
adjacent property, and harbor insects, reptiles, and rodents which mayor do cause
damage to health, public safety, or welfare. They are hereby declared a public
nuisance and are subject to abatement, as hereinafter provided.
Section Two
At the beginning of the mowing season, property owner(s), or their agents in control,
and known occupants of the premises will be notified by regular mail that, if they allow
cultivated grasses, native grasses, or any weeds to grow more than ten (10) inches
high, they will be in violation of this ordinance.
Section Three
Owners or agents and known occupants will be notified by the Governing Body by
regular mail or personal service when they are in violation. They will have ten (10)
working days after personal service or the postmarked date of mailing to mow or clear
the grass to a height of less than ten (10) inches; or, in the alternative, they may
request, within five days of the mowing deadline, a hearing before the Governing Body
or its designee, which will be provided prior to the mowing deadline. If the property is
unoccupied and the owner is a nonresident, notice shall be given by certified mail,
return receipt requested, to the last known address of the owner. Such notice will be
given only once in a calendar year.
Section Four
If the owner, agent, or occupant does not timely comply with the notice or request a
hearing, the City will mow or clear the vegetation.
Section Four
If the grass remains at a height of more than ten (10) inches after the time provided in
Section Three, the City will have the vegetation mowed at the rate of $50.00 per lot or
$50.00 per hour, whichever is greater, assess the costs, including postage, against the
owner(s), agent(s), or occupant(s), and notify them by regular mail that payment is due
within 30 days of such notice, and that, if the assessment and fee are not timely paid,
they will be added to the property tax on the lot or parcel as a special assessment.
Section Five
If there is a change in the record owner of title to the property after notice has been
given under Section Three, the City may not recover costs or levy an assessment for
said costs, until the new record owner has been provided notice as required in Section
Three.
Section Six
Nothing in this ordinance shall affect or impair the rights of the City under the provisions
of K.S.A. 2-1314, relating to control and eradication of certain noxious weeds.
Section Seven
This ordinance shall be in full force and effect after its publication in the official
newspaper of the City. This ordinance repeals Ordinances Nos. 244, 245, and 245A
[sic].
Adopted by the City Council and approved by the Mayor on the 19th day of March, 2016.
Ordinance No. 266
AN ORDINANCE MAKING IT UNLAWFUL TO MAINTAIN OR PERMIT A MOTOR
VEHICLE NUISANCE ON PRIVATE PROPERTY WITHIN THE CITY.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,KANSAS, THAT:
Section One
FINDINGS OF GOVERNING BODY
The Governing Body finds that junked, wrecked, dismantled, inoperative or abandonedmotor vehicles affect the health, safety, and general welfare of citizens of the City. They
constitute a motor vehicle nuisance, in that they:
a. serve as breeding grounds for insects, rats, and other rodents;
b. are dangerous to persons, particularly children, because of glass, metal
protrusions, or mounting upon blocks, jacks, or other supports;
c. are a ready source of fire and explosion;
d. encourage pilfering and theft;
e. constitute a blighting influence upon the area where they are located; or
f. constitute a fire hazard because they frequently block access for fire personnel
and equipment to adjacent buildings and structures.
Therefore, except as clearly indicated in this Ordinance, it is hereby made unlawful for
any person or entity to maintain or permit any motor vehicle nuisance to exist on private
property within the City.
Section Two
DEFINITIONS AND EXCLUSIONS
As used in this Ordinance, unless the context clearly indicates otherwise:
a. "Agent" means any person or entity designated by an owner of a motor vehicle
in documents filed with the Kansas Secretary of State for service of process on that
owner; any person appointed by a court of competent jurisdiction to act for an owner in
such matters; and any person or entity designated as an agent by any motor vehicle
owner in a writing signed by the owner and received by the City in regard to enforcement
of this Ordinance.
b. "Inoperable" means a condition of being junked, wrecked, wholly or partially
dismantled, discarded, or unable to perform the function or purpose for which it was
originally constructed or modified.
c. "Motor vehicle" means, without limitation, any vehicle which, as originally built or
modified, had an engine, regardless of whether it now contains an engine or did contain
an engine at any other time.
d. "Motor vehicle nuisance" is any motor vehicle which is not currently registered
and tagged pursuant to K.S.A. 8-126 through 8-149, as amended; which is parked in
violation of any City ordinance; which is incapable of moving under its own power; or
which is in a junked, wrecked, or inoperable condition.
e. "Person" or "entity," means, without limitation, an individual, estate, trust,
corporation, company, partnership, association, or organization.
f. "Vehicle" means, without limitation, any automobile, van, truck, tractor, farm
implement or machinery, commercial vehicle, motorcycle, or recreational vehicle.
g. If it meets one of the following conditions, there shall be a presumption that a
motor vehicle is junked or wrecked:
(1) Absence of a current registration plate, license plate, or other legal
registration insignia visible and legally in place upon the motor vehicle;
(2) Placement of the motor vehicle or parts thereof upon jacks, blocks, or
other supports;
(3) Absence of one or more parts necessary for the lawful operation of the
motor vehicle upon a street or highway.
(4) Placement of materials or property within the vehicle which would
preclude lawful operation of the vehicle upon a street or highway.
h. The provisions of this Ordinance shall not apply to:
(1) any motor vehicle which is enclosed in a garage or other building; or to
(2) the parking or storage of an inoperable vehicle on private property for a
period of up to thirty (30) consecutive days; or to
(3) any person or entity conducting a business enterprise on private
property in compliance with existing zoning regulations; or any person or entity
who places vehicles on private property behind an enclosure or screening
of at least eight feet in height and of size, strength, and density to sufficiently
screen such vehicles from the view of the public and prohibit ready access
by children to such stored vehicles.
h. Notwithstanding the foregoing, nothing in this Ordinance shall be construed to
authorize maintenance on private property of any vehicle in such manner or condition as
to constitute a nuisance as defined under Ordinance No. 260. Nor shall anything in this
Ordinance be construed to alter the meaning or enforcement of Ordinance No. 260.
Section Three
PUBLIC OFFICER; COMPLAINTS; INQUIRY AND INSPECTION
The Governing Body shall designate a Public Officer, who shall be charged with
administration and enforcement of this Ordinance. The Public Officer shall make inquiry
and inspection of the premises, either (1) upon receiving a signed complaint from two or
more persons, stating their beliefs that a motor vehicle nuisance exists and describing the
nuisance and where it is located; or (2) after being informed by a board of health, a chief
of police, or a fire chief that a motor vehicle nuisance may exist. The Public Officer also
may make such inquiry and inspection upon personal observation of a condition which
appears to the Public Officer to be a motor vehicle nuisance. Upon making any inquiry
and inspection, the Public Officer shall make a written report of findings and present it to
the Governing Body at a scheduled regular or special meeting.
Section Four
RIGHT OF ENTRY
It shall be a violation of this Ordinance to deny the Public Officer the right of access and
entry upon private property at any reasonable time for the purpose of making inquiry and
inspection to determine whether a motor vehicle nuisance exists. The Public Officer shall
enter upon the premises at reasonable hours for the purpose of making such inspections.
Entry shall be made to cause the least possible inconvenience to any person in
possession of the premises. Notwithstanding the foregoing, if entry is denied by such
person, the Public Officer shall seek an order or warrant from an administrative body or
court of competent jurisdiction before entry.
Section Five
ORDER OF VIOLATION
a. Upon review of the written report of the Public Officer, the Governing Body shall
decide whether to issue an Order of Violation to (1) the known owner(s) of any motor
vehicle which the Governing Body finds to be in violation of this Ordinance, and (2) any
owner(s) of the real property on which the motor vehicle is currently placed. Such Orders
shall issue in the name of the Governing Body, be served as required in this Ordinance,
and contain all notices and any other information required by this Ordinance and K.S.A.
12-1617e(e), as amended.
b. Whether or not a motor vehicle identified in an Order of Violation has a
registration plate issued by the Department of Revenue, Kansas Division of Vehicles
("DMV"), the City shall request verification from DMV of the last registered owner(s) and
lienholder(s). Upon such verification, the Public Officer shall serve the Order of Violation
on (1) the registered owner(s) or their agent(s) at the address shown on the certificate of
registration, (2) any lienholder of record in the county in which the title shows an owner
resides, if the lien is registered, (3) the owner(s) of the property, or their agent(s), where
the motor vehicle is located, and (4) any other person or entity with a reasonably
perceived possible legal interest in the motor vehicle. Service shall be made by certified
mail, return receipt requested, or by personal service.
c. However, if any person or entity has failed to accept delivery or otherwise failed
to effectuate receipt of an Order of Violation sent pursuant to this Section Five during the
preceding twenty-four (24) month period, the Governing Body may provide notice of the
issuance of any further orders to abate or remove a motor vehicle nuisance by other
methods, including, but not limited to, door hangers on the property where the vehicle is
located, conspicuous posting of such orders elsewhere on the property, personal service,
or notification by electronic communication or first class mail.
Section Six
CONTENT OF ORDER OF VIOLATION
The Order of Violation shall identify each person or entity known or reasonably perceived
to be an owner, lessor, lessee, or other person or entity with a possible legal claim to the
vehicle(s) ("the "Requestors") and shall state that:
a. A Requestor shall have fifteen (15) calendar days from the date of service of
the Order of Violation to abate or remove the identified motor vehicle which is in violation
of this Ordinance; or
b. in the alternative, the Requestor shall have fifteen (15) calendar days from the
date of service of the Order of Violation to request a hearing before the Governing Body
as provided in Section Seven; and
c. failure to either (1) abate or remove the motor vehicle nuisance identified in the
Order of Violation or (2) request a hearing within the time allowed may result in
prosecution as provided in Section Eight and/or removal, impoundment, and disposition
of the
Section Seven
HEARING
a. Failure to make timely service of a request for a hearing before the Governing
Body shall constitute a waiver of the Requestor's right to contest the findings of the
Governing Body as to the existence of a violation of this Ordinance as set forth in the
Order of Violation served on the Requestor.
b. If a hearing is requested as provided in Section Six, the request shall be made
in writing to the Governing Body and timely served, either by (1) personal service on an
employee or official of the City at City Hall on or before the end of the fifteen (15)-day
period or (2) first class mail postmarked on or before the end of the fifteen (15)-day period.
c. A hearing shall be held by the Governing Body as soon as possible after service
filing of a request for a hearing, and the Requestor shall be advised by the City of the time
and place of the hearing at least five (5) working days in advance of the hearing.
d. At any such hearing, the Requestor may be represented by another individual,
and the Requestor and the City may introduce such witnesses and evidence as is deemed
necessary and proper by the Governing Body. The hearing need not be conducted
according to formal rules of evidence. Upon conclusion of the hearing, the Governing
Body shall record its determination of the matter by adopting a resolution and serving the
resolution upon the Requestor by service as provided in Section Nine.
Section Eight
FAILURE TO COMPLY; PENALTY
If any person or entity served with notice as specified in Section Five has neither complied
with the Order of Violation to abate the violation, nor removed the designated vehicle, nor
requested a hearing before the Governing Body within the time periods specified in
Section Six, then the Governing Body may direct the Public Officer to file a complaint in
the Municipal Court of the City against such person or entity. Upon conviction of any
violation of this Ordinance, such person or entity may be fined in an amount not to exceed
one hundred dollars ($100.00), or be imprisoned not to exceed 30 days, or be both so
fined and imprisoned. Each day during or on which a violation occurs or continues after
an Order of Violation has been served shall constitute an additional or separate offense.
Section Nine
REMOVAL AND IMPOUNDMENT BY THE CITY
FIRST NOTICE OF IMPOUNDMENT
In addition or as an alternative to prosecution as provided in Section Eight, the Governing
Body may seek to remedy and abate violations of this Ordinance in the following manner,
pursuant to K.S.A. 8-1102(b), as amended, and K.S.A. 12-1617e(e), as amended:
a. If no person or entity on whom an Order of Violation has been served as
specified in Section Five has (1) abated the violation, (2) removed the motor vehicle, (3)
requested a hearing before the Governing Body, or (4) obtained a favorable decision after
a requested hearing under Section Seven, within the time periods specified in Section
Six, then the Governing Body may adopt a resolution authorizing the Public Officer or
other agent(s) of the City to remove and impound the motor vehicle identified in the Order
of Violation at the end of fifteen (15) days after passage of the resolution, and then to
dispose of the vehicle as provided in K.S.A. 8-11 02(b), as amended.
b. The resolution shall further provide that costs incurred by the City related to
such abatement, including notice, towing, impoundment, and disposition shall be
assessed and may be collected as is provided in Section Thirteen.
c. A notice and copy of the resolution ("First Notice of Impoundment") shall be
served upon a person or entity in violation, or their agent(s) in one of the following ways:
(1) Personal service; or
(2) Service by certified mail, return receipt requested; or
(3) In the event the whereabouts of such person or entity are unknown, and the
same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that
effect shall be made by the Public Officer and filed with the City Clerk; and serving of the
resolution on said person or entity shall be made by publishing the resolution once each
week for two consecutive weeks in the official city newspaper and by posting a copy of
the resolution on the vehicle and on the premises where the motor vehicle is located
Section Ten
DISPOSTION TO OWNERS OR LIENHOLDERS
AFTER FIRST NOTICE OF IMPOUNDMENT
a. Any person or entity who is an owner, or is a lienholder entitled to recover a
motor vehicle impounded as provided in this Ordinance ("Claimant") may, within fifteen
(15) days of the date of impoundment, attempt to recover the vehicle in the following
manner:
Prior to the City's release of the impounded motor vehicle:
(1) The owner or lienholder must make a written claim to recover the
impounded vehicle and show to the Public Officer both (a) proof of valid registration
and (b) proof of ownership of the motor vehicle or proof of a lienholder's right
to possess the motor vehicle; and
vehicle by the City, as provided in Section Nine.
(2) The owner or lienholder must pay to the City its costs incurred for
notice, towing and storing the impounded motor vehicle. All such payments must
be by certified check, money order, or cash, unless a different form of payment is
acceptable to the City under the circumstances.
(3) Release of the vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the vehicle by Claimant from the place
of impoundment, or from such other location as may be determined by the Public
Officer, shall be at the time of payment of costs. All arrangements for and
expenses of removal, including but not limited to towing and hauling, shall be the
sale responsibility and at the expense of the Claimant.
Section Eleven
DISPOSITION AFTER SECOND NOTICE OF IMPOUNDMENT
a. After 30 days of impoundment, unless the vehicle has been released from
impoundment pursuant to Section Ten, the Public Officer shall again request verification
from the DMVofthe last registered owner(s) and any registered lienholder(s) of the motor
vehicle identified in the Order of Violation. Within ten (10) days of receipt of verification,
the City shall give a Second Notice of Impoundment to (1) all those persons or entities
previously served with the Order of Violation and (2) any others identified in the second
verification from the Division of Vehicles.
b. The Second Notice of Impoundment shall be served by certified mail, return
receipt requested, and it must state that if an owner(s) or lienholder(s) of record fails to
claim the motor vehicle and pay the notice, removal and storage costs incurred by the
City, all within fifteen (15) days of the mailing date of the Second Notice of Impoundment,
the vehicle will be advertised by the City for sale at public auction to the highest bidder
for cash.
c. An itemized list of such costs shall be included with the Notice. Said costs
must be paid prior to release of the motor vehicle to the owner(s) or lienholder(s).
Payment must be by certified check, money order, or cash, unless a different form of
payment is acceptable to the City under the circumstances.
d. Release of the vehicle pursuant to the Notice of Impoundment shall be arranged
by the Public Officer. Removal of the vehicle by Claimant from the place of impoundment,
or from such other location as may be determined at the discretion of the Public Officer,
shall be at the time of payment of costs. All arrangements for and expenses of removal,
including but not limited to towing and hauling, shall be the sale responsibility and at the
expense of the Claimant.
Section Twelve
PUBLISHED NOTICE OF SALE, DISPOSITION BY SALE, ISSUANCE OF TITLE
a. If no owner or lienholder has recovered the motor vehicle by claiming it and
paying costs as provided in Section Ten within fifteen (15) days from the date of mailing
of the Second Notice of Impoundment, the City shall proceed to disposition by sale
pursuant to K.S.A. 1617e(e) and K.S.A. 8-1102(a)(2) and shall publish a notice in the
City's official newspaper once for each of two consecutive weeks.
(1) The published notice shall describe the motor vehicle by maker, model, color,
and serial number and any known owner(s) or lienholder(s) and identify the place where
the motor vehicle was located prior to removal by the City.
(2) The published notice shall state that the motor vehicle has been impounded
by the City and will be sold at public auction to the highest bidder for cash, unless an
owner(s) or lienholder(s) of record claims it within ten (10) days of the date of the second
publication notice and pays the removal, storage, notice, and publication costs incurred
by the City.
b. Following a sale by public auction of a motor vehicle determined to be a
nuisance under this Ordinance, the purchaser may file proof thereof with DMV, and DMV
shall issue a certificate of title to the purchaser of the motor vehicle, pursuant to K.S.A.
12-1617e(e).
c. If a public auction is conducted, but no responsible bid is received, the City may
file proof thereof with DMV, which shall issue a certificate of title of such motor vehicle to
the City, pursuant to 12-1617e(e).
Section Thirteen
COSTS ASSESSED
Upon disposition of a motor vehicle nuisance pursuant to this Ordinance, the costs
incurred by the City for abatement, removal, and disposition of the motor vehicle nuisance
to the extent the City's full costs and applicable interest remain unpaid, may be assessed
and collected, in the following manner:
a. Unless the motor vehicle nuisance was removed at the request of or with
consent of the owner(s) of the real property where it was located when the City took
possession, and only if the owner(s) of said real property also had no ownership or
possessor lien interest in that motor vehicle, the City's unpaid costs shall be assessed as
a special assessment and charged against the lot or parcel of land on which the motor
vehicle nuisance was located. The City Clerk, at the time of certifying other City taxes to
the County Clerk shall certify such costs, and the County Clerk shall extend the same on
the tax rolls of the County against the lot or parcel of land and it shall be collected by the
County Treasurer and paid to the City as other City taxes are collected and paid; and in
addition:
b. if the special assessment levied by the City remains unpaid for a period of one
year or more after its initial levy, the City may collect the amount of costs and interest
remaining unpaid in the same manner as a personal debt, by bringing an action in the
District Court of Greenwood County, as provided in K.S.A. 12-1617e(d) and K.S.A. 12-
1,115, against the owner(s) of the motor vehicle nuisance.
Section Fourteen
This Ordinance shall be in full force and effect from and after its adoption and publication
in the official City newspaper. Ordinance 261 is hereby repealed.
Adopted by the City Council and approved by the Mayor on February 3,2020.
s/s/John Schouten
John Schoute, Mayor
attest: s/s/Cynthia Mitchell
Cynthia Mitchell, City Clerk
Ordinance No. 267
AN ORDINANCE MAKING IT UNLAWFUL TO ABANDON A MOTOR VEHICLE
ON PUBLIC HIGHWAYS, STREETS, OR PROPERTY OPEN TO PUBLIC USE
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:
Section One
FINDINGS OF GOVERNING BODY
A person or entity shall not abandon a motor vehicle on a public highway, public street,
or property open to use by the public, or leave a motor vehicle unattended in such a
manner as to interfere with highway or street operations or with the intended use of
property open to the public.
When a motor vehicle is so abandoned for more than 48 hours, the City may remove and
impound it. Any motor vehicle left unattended may be moved and impounded by the City
at any time when the motor vehicle interferes with public highway or street operations.
The Governing Body shall designate a Public Officer, who shall be charged with
administration and enforcement of this Ordinance.
Section Two
DEFINITIONS AND EXCLUSIONS
As used in this Ordinance, unless the context clearly indicates otherwise:
a. "Abandoned motor vehicle" means a motor vehicle left within the City limits for
more than forty-eight (48) hours on a public highway, public street, or property open to
use by the public without express authority of the City's Public Officer.
b. "Agent" means any person or entity designated by an owner of a motor vehicle
in documents filed with the Kansas Secretary of State for service of process on that
owner; any person or entity appointed by a court of competent jurisdiction to act for the
owner(s) in such matters; and any person or entity designated by an owner in a writing
signed by the owner and received by the City in regard to enforcement of this Ordinance.
c. "Motor vehicle" means, without limitation, any motor vehicle which, as originally
built or modified, had an engine, regardless of whether it now contains an engine or did
contain an engine at any other time.
d. "Person" or "entity," means, without limitation, an individual, estate, trust,
corporation, company, partnership, association, or organization.
e. "Vehicle" means, without limitation, any automobile, van, truck, tractor, farm
implement or machinery, commercial motor vehicle, motorcycle, or recreational motor
vehicle.
Section Three
IMPOUNDMENT AND DISPOSITION
When a person or entity leaves a motor vehicle within the City limits (1) for more than
forty-eight (48) hours on a public highway, public street, or property open to use by the
public, without express authority of the Public Officer; or (2) at any time when the motor
vehicle is unattended and interferes with public highway operations, the City may remove
and impound the motor vehicle. Such removal and impoundment may be implemented
by any law enforcement officer or by a private contractor at the request of the City.
This Ordinance shall not apply to a person who abandons and leaves a motor vehicle on
property other than public property or property open to use by the public, or to a person
who permits maintenance of an abandoned motor vehicle on private property.
Notwithstanding the foregoing, nothing in this Ordinance shall be construed to authorize
a person or entity to maintain or permit any motor vehicle nuisance on private property,
as provided under Ordinance No. 266; nor shall anything in this Ordinance be construed
to alter the meaning or enforcement of Ordinance No. 266 or Ordinance 260.
Section Four
IMPOUNDMENT, DISPOSITION TO OWNERS OR LIENHOLDERS
a. Any person or entity who is an owner or is a lienholder entitled to recover a
motor vehicle impounded as provided in this Ordinance (a "Claimant") may, within thirty
(30) days of the date of impoundment, attempt to recover the motor vehicle in the following
manner:
Prior to the City's release of the impounded motor vehicle:
(1) The owner or lienholder must make a written claim to recover the
motor vehicle and show to the Public Officer both (a) proof of valid registration and
(b) proof of ownership of the motor vehicle or proof of a lienholder's right to possess
it; and
(2) The owner or lienholder must pay to the City the costs incurred by the
City for towing and storing the impounded motor vehicle. All such payments
must be by certified check, money order, or cash, unless a different form of
payment is acceptable to the City under the circumstances.
(3) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by the Claimant from
the place of impoundment, or from such other location as may be determined by
the Public Officer, shall be at the time of payment of costs. Arrangements for and
expenses of removal, including but not limited to towing and hauling, shall be the
sole responsibility and at the sole expense of the Claimant.
b. If no owner or lienholder has claimed and recovered an impounded vehicle as
provided in Subsection a. of this Section 4, a Claimant may attempt to recover the motor
vehicle in the following manner after passage of thirty (30) days of impoundment:
(1) Not more than thirty (30) days after the City took possession of the
impounded motor vehicle, and whether or not the impounded motor vehicle has
displayed on it a registration plate issued by the Kansas Department of Revenue,
Division of Motor Vehicles ("DMV"), the City shall request verification from DMV of
the last registered owner(s) and any lienholder(s).
(2) Within ten (10) days after the City receives verification from DMV of the
last registered owner(s) and lienholder(s), the City shall mail a Notice of
Impoundment by certified mail, return receipt requested, to the registered
owner(s) or their agent(s) at the address shown on the certificate of registration
and to any lienholder of record in the county in which the title shows an owner
resides, if the lien is registered in Kansas.
(3) The Notice of Impoundment shall state that, if either an owner or any
lienholder with a legal right to recover the motor vehicle does not claim it; pay the
costs incurred by the City for notice, towing, removal, and storage; and remove it
from the City's possession as described in this Ordinance, all within fifteen (15)
days of the date of mailing of the Notice of Impoundment, then the impounded
motor vehicle will be advertised for sale at public auction to the highest bidder for
cash.
(4) An itemized list of such costs shall be included with the Notice of
Impoundment. Said costs must be paid prior to release of the impounded motor
vehicle to the Claimant. Payment must be by certified check, money order, or
cash, unless a different form of payment is acceptable to the City under the
stated circumstances.
(5) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by Claimant from the
place of impoundment or from such other location determined at the discretion of
the Public Officer shall be at the time of payment of costs to the City.
Arrangements for and expenses of removal, including but not limited to costs
of towing and hauling, shall be the sole responsibility and at the sole
expense of the Claimant.
Section Five
PUBLISHED NOTICE OF SALE, DISPOSITION BY SALE, ISSUANCE OF TITLE
If no owner or lienholder has recovered the motor vehicle by claiming it and paying
costs as provided in Section Four, the City shall publish a Notice of Disposition by Sale
in the City's official newspaper once a week for two consecutive weeks.
a. The published Notice of Sale shall describe the motor vehicle by maker, model,
color, serial number, and identify any known owner(s) and lienholder(s); and
b. The published Notice of Sale shall state that the motor vehicle has been
impounded by the City and will be sold at public auction to the highest bidder for cash,
unless an owner or lienholder of record claims and recovers it within ten (10) days of the
date of the second publication of the Notice of Sale.
c. If no owner or lienholder has timely recovered the motor vehicle after the City's
compliance with Subsections a. and b. of this Section, the City may sell the impounded
motor vehicle at public auction for cash.
d. After a sale pursuant to this Ordinance, any purchaser may file proof thereof
with the DMV, and the DMV shall issue a certificate of title to the purchaser of the motor
vehicle, pursuant to K.S.A. 8-11 02(a)(3) and 12-1617e(c). All moneys derived from the
sale of motor vehicles pursuant to this Ordinance, after payment of otherwise
unreimbursed expenses of the impoundment and sale incurred by the City, shall be paid
into the fund of the City which is used by it for the construction or maintenance of public
highways and streets.
e. If a public auction is conducted, but no responsible bid is received, the City may
file proof thereof with the DMV, which shall issue a certificate of title of such motor vehicle
to the City, pursuant to K.S.A. 12-1617e(c).
Section Six
This Ordinance shall be in full force and effect from and after its adoption and publication
in the official City newspaper. Adopted by the City Council and approved by the Mayor
on February 3, 2020.
s/s/ John Schouten
John Schouten, Mayor
s/s/ Cynthia Mitchell
Cynthia Mitchell, City Clerk
Ordinance No. 268
AN ORDINANCE MAKING IT UNLAWFUL TO ABANDON A MOTOR VEHICLE
ON PRIVATE PROPERTY
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:
Section One
FINDINGS OF GOVERNING BODY
A person or entity shall not abandon or leave a motor vehicle on private real property that
is not owned or leased by the person abandoning or leaving the vehicle or by an owner
or lessee of such vehicle. When a motor vehicle is so abandoned or left, and upon
request of the owner or occupant of such real property, the City may remove and dispose
of it in the manner provided in K.S.A. 11 02(b).
Nothing in this Ordinance shall be construed to authorize a person or entity to maintain
or permit any motor vehicle nuisance on private property, as provided under Ordinance
No. 266; nor shall anything in this Ordinance be construed to alter the meaning or
enforcement of Ordinance Nos. 260, 266, and 267.
Section Two
DEFINITIONS AND EXCLUSIONS
As used in this Ordinance, unless the context clearly indicates otherwise:
a. "Agent" means any person or entity designated by an owner of a motor vehicle
in documents filed with the Kansas Secretary of State for service of process on that
owner; any person or entity appointed by a court of competent jurisdiction to act for the
owner(s) in such matters; and any person or entity designated by an owner in a writing
signed by the owner and received by the City in regard to enforcement of this Ordinance.
c. "Motor vehicle" means, without limitation, any motor vehicle which, as originally
built or modified, had an engine, regardless of whether it now contains an engine or did
contain an engine at any other time.
d. "Person" or "entity," means, without limitation, an individual, estate, trust,
corporation, company, partnership, association, or organization.
e. "Vehicle" means, without limitation, any automobile, van, truck, tractor, farm
implement or machinery, commercial motor vehicle, motorcycle, or recreational motor
vehicle.
Section Three
IMPOUNDMENT AND DISPOSITION
The Governing Body shall designate a Public Officer, who shall be charged with
administration and enforcement of this Ordinance. Any person removing such vehicle
under this Ordinance from the real property at the request of the City shall have a
possessory lien on such vehicle for the costs incurred in removing, towing, and storing
such vehicle.
Section Four
IMPOUNDMENT, DISPOSITION TO OWNERS OR LIENHOLDERS
a. Any person or entity who is an owner or is a lienholder entitled to recover a
motor vehicle impounded as provided in this Ordinance (a "Claimant") may, within thirty
(30) days of the date of impoundment, attempt to recover the motor vehicle in the following
manner:
Prior to the City's release of the impounded motor vehicle:
(1) The owner or lienholder must make a written claim to recover the
motor vehicle and show to the Public Officer both (a) proof of valid registration and
(b) proof of ownership of the motor vehicle or proof of a lienholder's right to possess
it; and
(2) The owner or lienholder must pay to the City the costs incurred by the
City for towing and storing the impounded motor vehicle. All such payments
must be by certified check, money order, or cash, unless a different form of
payment is acceptable to the City under the circumstances.
(3) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by the Claimant from
the place of impoundment, or from such other location as may be determined by
the Public Officer, shall be at the time of payment of costs. Arrangements for and
expenses of removal from impoundment, including but not limited to towing and
hauling, shall be the responsibility and at the sole expense of the Claimant.
b. If no owner or lienholder has claimed and recovered an impounded vehicle as
provided in Subsection a. of this Section 4, a Claimant may attempt to recover the motor
vehicle in the following manner after passage of thirty (30) days of impoundment:
(1) Not more than thirty (30) days after the City took possession of the
impounded motor vehicle, and regardless of whether the impounded motor vehicle
has displayed on it a registration plate issued by the Kansas Department of
Revenue, Division of Motor Vehicles ("DMV"), the City' shall request
verification from DMV of the last registered owner(s) and any lienholder(s).
(2) Within ten (10) days after the City receives verification from DMV of the
last registered owner(s) and lienholder(s), the City shall mail a Notice of
Impoundment by certified mail, return receipt requested, to the registered
owner(s) or their agents at the address shown on the certificate of registration and
to any lienholder of record in the county in which the title shows an owner
resides, if the lien is registered in Kansas.
(3) The Notice of Impoundment shall state that, if either an owner or any
lienholder with a legal right to recover the motor vehicle does not claim it; pay the
costs incurred by the City for notice, towing, removal, and storage; and remove it
from the City's possession as described in this Ordinance, all within fifteen (15)
days of the date of mailing of the Notice of Impoundment, then the impounded
motor vehicle will be advertised for sale at public auction to the highest bidder for
cash.
(4) An itemized list of such costs shall be included with the Notice of
Impoundment. Said costs must be paid prior to release of the impounded motor
vehicle to the Claimant. Payment must be by certified check, money order, or
cash, unless a different form of payment is acceptable to the City under its stated
circumstances.
(5) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by Claimant from the
place of impoundment or from such other location determined at the discretion of
the Public Officer shall be at the time of payment of costs to the City.
Arrangements for and expenses of removal, including but not limited to costs
of towing and hauling, shall be the sale responsibility and at the sale
expense of the Claimant.
Section Five
PUBLISHED NOTICE OF SALE, DISPOSITION BY SALE, ISSUANCE OF TITLE
If no owner or lienholder has recovered the motor vehicle by claiming it and paying
costs as provided in Section Four, the City shall publish a Notice of Disposition by Sale
in the City's official newspaper once a week for two consecutive weeks.
1.
a. The published Notice of Sale shall describe the motor vehicle by maker, model,
color, serial number, and identify any known owner(s) and lienholder(s); and
b. The published Notice of Sale shall state that the motor vehicle has been
impounded by the City and will be sold at public auction to the highest bidder for cash,
unless an owner or lienholder of record claims and recovers it within ten (10) days of the
date of the second publication of the Notice of Sale.
c. If no owner or lienholder has timely recovered the motor vehicle after the City's
compliance with Subsections a. and b. of this Section Five, the City may sell the
impounded motor vehicle at public auction for cash.
d. After a sale pursuant to this Ordinance, any purchaser may file proof thereof
with the DMV, and the DMV shall issue a certificate of title to the purchaser of the motor
vehicle, pursuant to K.S.A. 8-11 02(a)(3) and 12-1617e(c). All moneys derived from the
sale of motor vehicles pursuant to this Ordinance, after payment of otherwise
unreimbursed expenses of the impoundment and sale incurred by the City, shall be paid
into the fund of the City which is used by it for the construction or maintenance of public
highways and streets.
e. If a public auction is conducted, but no responsible bid is received, the City may
file proof thereof with the DMV, which shall issue a certificate of title of such motor vehicle
to the City, pursuant to K.S.A. 12-1617e(c).
Section Six
This Ordinance shall be in full force and effect from and after its adoption and publication
in the official City newspaper. Adopted by the City Council and approved by the Mayor
on February 3, 2020.
s/s/John Schouten
John Schouten, Mayor
attest: s/s/Cynthia Mitchell
Cynthia Mitchell, City Clerk
Ordinance No. 269
AN ORDINANCE PROVIDING FOR CONVENING THE
MEETINGS OF THE CITY COUNCIL
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:
Section One
Whereas, it is provided in K.S.A. 15-106 that regular meetings of city councils shall be
held not less than once each month, the regular monthly meeting of the Fall River City
Council shall be convened on the second Monday of each month, in City Hall, at 7:00
p.m., except for good cause shown to change a scheduled date, time, or meeting place
in any single month, as determined by a quorum vote of the Council at a regular
meeting or by the Mayor in exigent circumstances.
Section Two
Special meetings of the Council may be called as needed and shall adhere to the
requirements set forth in K.S.A. 15-106 for convening special meetings.
Section Three
This Ordinance shall be in full force and effect from and after its adoption by the Council
and summary publication pursuant to K.S.A. 12-3007.
Section Four
Section Three of Ordinance 98 is hereby repealed.
Adopted by the City Council on May 4, 2020, and approved by the Mayor on May 7,
2020.
s/s/John Schouten
John Schouten, Mayor
attest: Mandy Vanderhoof-Fogle 9-8-20
Mandy Vanderhoof-Fogle, City Clerk
Ordinance 273
AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT
BETWEEN THE CITY OF FALL RIVER, KANSAS AND THE STATE OF KANSAS,
ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND
ENVIROMENT, FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS
WATER POLLUTION CONTROL REVOLVING FUND FOR THE PURPOSE OF
FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A
DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN;
AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION
THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTION IN CONNECTION
WITH THE LOAN AGREEMENT
WHEREAS the Federal Water Quality Act of 1987 (the "Federal Act") established
a revolving fund program for public wastewater treatment systems to assist in financing
the costs of infrastructure needed to achieve or maintain compliance with the Federal
Act and to protect the public health, and authorized the Environmental Protection
Agency (the "EPA") to administer a revolving loan program operated by the individual
states; and
WHEREAS, to fund the state revolving fund program, the DPA will make annual
capitalization grants to the states, on the condition that each state provide a state match
for such state's revolving fund; and
WHEREAS, by passage of the Kansas Water Pollution Control Revolving Fund
Act, K.S.A. 65-3321 through 65-3329, inclusive (the "Loan Act"), the State of Kansas
(the "State") has established the Kansas Water Pollution Control Revolving Fund (the Revolving Fund") for purposes of the Federal Act:
and
WHEREAS, under the Loan Act, the Secretary of the Kansas Department of Health and
Environment ("KDHE") is given the responsibility for administration and management of
the Revolving Fund; and
WHEREAS the Kansas Development Finance Authority (the "Authority") and
KDHE haveentered into a Master Financing Indenture (the "Master Indenture") pursuant
to which KDHE agrees to enter into Loan Agreements with Municipalities for public
wastewater treatment projects (the "Projects") and to pledge the Loan Repayments (as
defined in the Master Indenture) received pursuant to such Loan Agreements to the
Authority; and
WHEREASthe Authority is authorized under K.S.A. 74-8905(a) and the Loan Act
to issue revenue bonds (the "Bonds") for the purpose of providing funds to implement
the State's requirements under the Federal Act and to loan the same, together with
available funds from the EPA capitalization grants, to Municipalities within the State for
the payment of Project Costs (as said terms are defined in the Loan Act); and
WHEREAS the City of Fall River, Kansas (the "Municipality") is a municipality, as
said term is defined in the Loan Act, which operates a wastewater collection and
treatment system (the "Systern"); and
WHEREAS the System is a public Wastewater Treatment Works, as said term is
defined in the Loan Act; and
WHEREAS the Munlclpality.pursuant to the Loan Act,submittedanapplication to
KDHE to obtain a loan from the Revolving Fund to finance the costs of improvements to
its System consisting of the following:
ORDINANCES OF THE CITY OF FALL RIVER, KANSAS
ORDINANCE 274
AN ORDINANCE PROVIDING FOR FLOODPLAIN MANAGEMENT IN THE
CITY OF FALL RIVER,Pursuant to 44 CFR § 60.3 (a),
K.S.A. 12-766, and K.A.R. 5-44-1 through 5-44-7
ARTICLE 1
STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES
SECTION A. STATUTORY AUTHORIZATION
1. Approval of Draft Ordinance by Kansas Chief Engineer Prior to Adoption
The following floodplain management regulations, as written, were approved in draft form by
the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture
on June 16, 2021.
2. Kansas Statutory Authorization
The Legislature of the State of Kansas has in K.S.A. 12-741 et seq, and specifically in K.S.A. 12-
766, delegated the responsibility to local governmental units to adopt floodplain management
regulations designed to protect the health, safety, and general welfare of the public.
Therefore, the City Council (governing body) of the City of Fall River, Kansas ordains as
follows:
SECTION B. FINDINGS OF FACT
1. Flood Losses Resulting from Periodic Inundation
The special flood hazard areas of Fall River, ,Kansas, are subject to inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of
the tax base; all of which adversely affect the public health, safety and general welfare.
2. General Causes of the Flood Losses
These flood losses are caused by (1) the cumulative effect of development in any delineated
floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood
hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or
otherwise unprotected from flood damages.
SECTION C. STATEMENT OF PURPOSE
It is the purpose of this ordinance to promote the public health, safety, and general welfare of the
public; to minimize those losses described in Article 1, Section B(1); to establish or maintain the
community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in
44 Code of Federal Regulations (CFR) § 59.22(a)(3); and to meet the requirements of 44 CFR § 60.3(a)
and K.A.R. 5-44-4 by applying the provisions of this ordinance to:
1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding
or cause undue increases in flood heights or velocities;
2. equire uses vulnerable to floods, including public facilities that serve such uses, be provided
with flood protection at the time of initial construction; and
3. Protect individuals from buying lands that are unsuited for the intended development
purposes due to the flood hazard.
ARTICLE 2
GENERAL PROVISIONS
SECTION A. LANDS TO WHICH ORDINANCE APPLIES
This ordinance shall apply to all lands within the jurisdiction of the City of Fall River, Kansas that have
been identified by the community as having the presence of flood-prone areas. In all areas covered
by this ordinance, no development shall be permitted except through the issuance of a floodplain
development permit, granted by the City Councilor its duly designated representative under such
safeguards and restrictions as the City Councilor the designated representative may reasonably
impose for the promotion and maintenance of the general welfare, health of the inhabitants of the
community, and as specifically noted in Article 4.
SECTION B. COMPLIANCE
No development located within the special flood hazard areas of this community shall be located,
extended, converted, or structurally altered without full compliance with the terms of this ordinance
and other applicable regulations.
SECTION C. ABROGATION AND GREATER RESTRICTIONS
It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of
this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.
SECTION D. INTERPRETATION
In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a
limitation or repeal of any other powers granted by Kansas statutes.
SECTION E. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur on
rare occasions, or the flood heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the
floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood
damage. This ordinance shall not create a liability on the part of the City of Fall River, Kansas; any
officer or employee thereof, for any flood damages that may result from reliance on this ordinance or
on any administrative decision lawfully made there under.
SECTION F. SEVERABILITY
If any section; clause; provision; or portion of this ordinance is adjudged unconstitutional or invalid by
a court of appropriate jurisdiction, the remainder of this ordinance shall not be affected thereby.
ARTICLE 3
ADMINISTRATION
SECTION A. FLOODPLAIN DEVELOPMENT PERMIT
A floodplain development permit shall be required for all proposed construction or other
development, including the placement of manufactured or mobile homes, in the areas described in
Article 2, Section A. No person, firm, corporation, or unit of government shall initiate any
development or substantial-improvement or cause the same to be done without first obtaining a
separate floodplain development permit for each structure or other development.
SECTION B. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The City Water Manager is hereby appointed to administer and implement the provisions of this
ordinance.
SECTION C. DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR
Duties of the Floodplain Administrator shall include, but not be limited to:
1. Review of all applications for floodplain development permits to assure that sites are
reasonably safe from flooding and that the floodplain development permit requirements of
this ordinance have been satisfied;
2. Review of all applications for floodplain development permits for proposed development to
assure that all necessary permits have been obtained from Federal, State, or local
governmental agencies from which prior approval is required by Federal, State, or local law;
3. Review all subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, to determine whether such proposals will be
reasonably safe from flooding;4. Issue floodplain development permits for all approved applications;
5. Notify adjacent communities and the Division of Water Resources, Kansas Department of
Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency {FEMA};
6. Assure that the flood-carrying capacity is not diminished and shall be maintained within the
altered or relocated portion of any watercourse.
SECTION D. APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT
To obtain a floodplain development permit, the applicant shall first file an application in writing on a
form furnished for that purpose. Every floodplain development permit application shall:
1. Describe the land on which the proposed work is to be done by lot, block and tract, house and
street address, or similar description that will readily identify and specifically locate the
proposed structure or work;
2. Identify and describe the work to be covered by the floodplain development permit;
3. Indicate the use or occupancy for which the proposed work is intended;
4. Indicate the assessed value of the structure and the fair market value of the improvement;
5. Give such other information as reasonably may be required by the floodplain administrator;
6. Be accompanied by plans and specifications for proposed construction; and
7. Be signed by the permittee or his authorized agent who may be required to submit evidence
to indicate such authority.
ARTICLE 4
PROVISIONS FOR FLOOD HAZARD REDUCTION
SECTION A. GENERAL STANDARDS
1. No permit for floodplain development shall be granted for new construction, substantial-
improvements, and other improvements, including the placement of manufactured or mobile
homes, within any flood-prone area unless the conditions of this section are satisfied.
2. All new construction, subdivision proposals, substantial-improvements, prefabricated
structures, placement of manufactured or mobile homes, and other developments shall
require:
a. Design or adequate anchorage to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;
b. Construction with materials resistant to flood damage;
c. Utilization of methods and practices that minimize flood damage;
d. All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other
service facilities be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;
e. New or replacement water supply systems and/or sanitary sewage systems be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters, and on-site waste disposal systems be
located so as to avoid impairment or contamination; and
f. Subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, located within flood-prone areas are required to assure
that:
(1) All such proposals are consistent with the need to minimize flood damage;
(2) All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage;
(3) Adequate drainage is provided so as to reduce exposure to flood hazards; and
(4) All proposals for development, including proposals for manufactured home
parks and subdivisions, of greater than five (5) acres or fifty (50) lots, whichever
is lesser, include within such proposals base flood elevation data.
3. Storage, Material, and Equipment
a. Storage of material or equipment may be allowed if not subject to major damage by
floods, if firmly anchored to prevent flotation, or if readily removable from the area
within the time available after a flood warning.
4. Nonconforming Use
A structure, or the use of a structure or premises that was lawful before the passage or
amendment of the ordinance, but which is not in conformity with the provisions of this
ordinance, may be continued subject to the following conditions:
a. If such structure, use, or utility service has been or is discontinued for 12consecutive
months, any future use of the building shall conform to this ordinance.
b. If any nonconforming use or structure is destroyed by any means, including flood, it
shall not be reconstructed if the cost is more than fifty (50) percent of the pre-
damaged market value of the structure. This limitation does not include the cost of
any alteration to comply with existing state or local health, sanitary, building, safety
codes, regulations, or the cost of any alteration of a structure listed on the National
Register of Historic Places, the State Inventory of Historic Places, or local inventory of
historic places upon determination.
SECTION B. MANUFACTURED or MOBILE HOMES
1. All manufactured or mobile homes to be placed within flood-prone areas shall be required to
be installed using methods and practices that minimize flood damage. For the purposes of this
requirement, manufactured or mobile homes must be elevated and anchored to resist
flotation, collapse, or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors.
SECTION C. RECREATIONAL VEHICLES
Require that recreational vehicles placed on sites within flood-prone areas either:
1. Be on the site for fewer than 180 consecutive days, or
2. Be fully licensed and ready for highway use*; or
3. Meet the permitting, elevation, and anchoring requirements for manufactured homes of this
ordinance.
* A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick-disconnect type utilities and security devices, and has no permanently attached
additions.
ARTICLE 5
FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES
SECTION A. ESTABLISHMENT OF APPEAL BOARD
The City Councilshall act as the Appeal Board as established by the City of Fall River and shall hear and
decide appeals and requests for variances from the floodplain management requirements of this
ordinance.
SECTION B. RESPONSIBILITY OF APPEAL BOARD
Where an application for a floodplain development permit is denied by the Floodplain
Administrator, the applicant may apply for such floodplain development permit directly to the
Appeal Board, as defined in Article 5, Section A.
The Appeal Board shall hear and decide appeals when it is alleged that there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the enforcement or
administration of this ordinance.
SECTION C. FURTHER APPEALS
Any person aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision
to the District Court as provided in K.S.A. 12-759 and 12-760.
SECTION D. FLOODPLAIN MANAGEMENT VARIANCE CRITERIA
In passing upon such applications for variances, the Appeal Board shall consider all technical data and
evaluations, all relevant factors, standards specified in other sections of this ordinance, and the
following criteria:
1. Danger to life and property due to flood damage;
2. Danger that materials may be swept onto other lands to the injury of others;
3. Susceptibility of the proposed facility and its contents to flood damage and the effect of such
damage on the individual owner;
4. Importance of the services provided by the proposed facility to the community;
5. Necessity to the facility of a waterfront location, where applicable;
6. Availability of alternative locations, not subject to flood damage, for the proposed use;
7. Compatibility of the proposed use with existing and anticipated development;
8. Relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;
9. Safety of access to the property in times of flood for ordinary and emergency vehicles;
10. Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if
applicable, expected at the site; and,
11. Costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems; streets; and bridges.
SECTION E. CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT VARIANCES
1. Generally, variances may be issued for new construction and substantial-improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood elevation, providing items two (2)
through six (6) below have been fully considered. As the lot size increases beyond the one-
half acre, the technical justification required for issuing the variance increases.
2. Variances may be issued for the reconstruction, repair, or restoration of structures listed on
the National Register of Historic Places, the State Inventory of Historic Places, or local
inventory of historic places upon determination, provide the proposed activity will not
preclude the structure's continued historic designationand the variance is the minimum
necessary to preserve the historic character and design of the structure.
3. Variances shall not be issued within any designated floodway if any significant increase in
flood discharge or base flood elevation would result.
4. Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.
5. Variances shall only be issued upon: (a) showing of good and sufficient cause, (b)
determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (c) determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
6. A community shall notify the applicant in writing over the signature of a community official
that: (a) the issuance of a variance to construct a structure below base flood level will result in
increased premium rates for flood insurance up to amounts as high as $25.00 for $100.00 of
insurance coverage and (b) such construction below the base flood level increases risks to life
and property. Such notification shall be maintained with the record of all variance actions as
required by this ordinance.
7. A community shall maintain a record of all variance actions, including justification for their
issuance.
8. Variances may be issued by a community for new construction and substantial improvements
and for other development necessary for the conduct of a functionally dependent use
provided that the criteria of items 1 through 5 of this section are met, and the structure or
other development is protected by methods that minimize flood damages during the base
flood and create no additional threats to public safety.
ARTICLE 6
VIOLATIONS
1. The floodplain administrator may make reasonable entry upon any lands and waters in the City of
Fall River, Kansas for the purpose of making an investigation, inspection, or survey to verify
compliance with these regulations. The floodplain administrator shall provide notice of entry by mail,
electronic mail, phone cal" or personal delivery to the owner, owner's agent, lessee, or lessee's agent
whose lands will be entered. If none of these persons can be found, the floodplain administrator
shall affix a copy of the notice to one or more conspicuous places on the property a minimum of five
(5) days prior to entry.
2. A structure or other development without a floodplain development permit or other evidence of
compliance is presumed to be in violation until such documentation is provided.
3. The floodplain administrator shall provide written notice of a violation of this ordinance to the
owner, the owner's agent, lessee, or lessee's agent by personal service or by certified mail, return
receipt requested. The written notice shall include instructions and a deadline to request a hearing
before the appeals board, and if no hearing is requested, a deadline by which the violation must be
corrected.
4. Violation of the provisions of this ordinance or failure to comply with any of its requirements
(including violations of conditions and safeguards established in connection with granting of
variances) shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply
with any of its requirements shall, upon conviction thereof, be fined not morethan $100.00 and, in
addition, shall pay all costs and expenses involved in the case. Each day such violation continues, shall
be considered a separate offense. Nothing herein contained shall prevent the City of Fall River,
Kansas, or other appropriate authority from taking such other lawful action as is necessary to prevent
or remedy any violation.
5. Notwithstanding any criminal prosecutions or in lieu of any criminal prosecutions, if the owner,
occupant, or agent in charge of the property has neither alleviated the conditions causing the alleged
violation nor requested a hearing within the period specified, the public officer or an authorized
assistant shall abate or remove the conditions causing the violation.
6. If the public officer or an authorized assistant abates or removes the nuisance pursuant to this
section, notice shall be provided to the owner, the owner's agent, lessee, or lessee's agent by
certified mail, return receipt requested, of the total cost of the abatement or removal incurred. The
notice shall also state that the payment is due within 30 days following receipt of the notice. The cost
of providing notice, including any postage, required by this section may also be recovered.
7. The notice shall also state that if the cost of the removal or abatement is not paid within the 30-
day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A.
12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against
the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying
other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the
same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the
county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue
collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and
amendments thereto, but only until the full cost and applicable interest has been paid in full. (K.S.A.
12-1617f).
ARTICLE 7
AMENDMENTS
The regulations, restrictions, and boundaries set forth in this ordinance may from time to time be
amended, supplemented, changed, or appealed to reflect any and all changes in the National Flood
Disaster Protection Act of 1973, provided, however, that no such action may be taken until after a
public hearing in relation thereto, at which parties of interest and citizens shall have an opportunity
to be heard. Notice of the time and place of such hearing shall be published in a newspaper of
general circulation in the City of Fall River, Kansas. At least twenty (20) days shall elapse between the
date of this publication and the public hearing. A copy of such amendments will be provided to the
FEMA Region VII office. The regulations of this ordinance are in compliance with the NFIP
regu lations.
ARTICLE 8
DEFINITIONS
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as
to give them the same meaning they have in common usage and to give this ordinance its most
reasonable application.
"lOO-year Flood"see "base flood."
"Accessory Structure" means the same as "appurtenant structure."
"Actuarial Rates" see "risk premium rates. "
"Administrator" means the Federal Insurance Administrator.
"Agency" means the Federal Emergency Management Agency (FEMA).
"Appeal" means a request for review of the Floodplain Administrator's interpretation of any
provision of this ordinance or a request for a variance.
"Appurtenant Structure" means a structure that is on the same parcel of property as the principle
structure to be insured and the use of which is incidental to the use of the principal structure.
"Area of Special Flood Hazard" is the land in the floodplain within a community subject to a one
percent or greater chance of flooding in any given year.
"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any
given year.
"Base Flood Elevation" means the elevation of the surface of the water during a one percent annual
chance flood event.
"Basement" means any area of the structure having its floor subgrade (below ground level) on all
sides.
"Building"see "structure."
"Chief Engineer" means the chief engineer of the division of water resources, Kansas Department Of
Agriculture.
"Chief Executive Officer" or "Chief Elected Official" means the official of the community who is
charged with the authority to implement and administer laws, ordinances, and regulations for that
community.
"Community" means any State or area or political subdivision thereof, which has authority to adopt
and enforce floodplain management regulations for the areas within its jurisdiction.
"Development" means any man-made change to improved or unimproved real estate, including but
not limited to buildings or other structures, levees, levee systems, mining, dredging, filling, grading,
paving, excavation or drilling operations, or storage of equipment or materials.
"Eligible Community" or "Participating Community" means a community for which the
Administrator has authorized the sale of flood insurance under the National Flood Insurance Program
(NFIP).
"Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision
for which the construction of facilities for servicing the lots on which the manufactured homes are to
be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed before the effective date of the
floodplain management regulations adopted by a community.
"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of
additional sites by the construction of facilities for servicing the lots on which the manufactured
homes are to be affixed (including the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads).
"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of
normally dry land areas from: (1) the overflow of inland waters; (2) the unusual and rapid
accumulation or runoff of surface waters from any source; and (3) the collapse or subsidence of land
along the shore of a lake or other body of water as a result of erosion or undermining caused by
waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an unusually
high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated
force of nature, such as flash flood, or by some similarly unusual and unforeseeable event which
results in flooding as defined above in item (1).
"Flood Hazard Map" means the document adopted by the governing body showing the limits of: (1)
the floodplain; (2) the floodway; (3) streets; (4) stream channel; and (5) other geographic features.
"Floodplain" or "Flood-prone Area" means any land area susceptible to being inundated by water
from any source (see "f/ooding").
"Floodplain Management" means the operation of an overall program of corrective and preventive
measures for reducing flood damage, including but not limited to emergency preparedness plans,
flood control works, and floodplain management regulations.
"Floodplain Management Regulations" means zoning ordinances, subdivision regulations, building
codes, health regulations, special purpose ordinances (such as floodplain and grading ordinances) and
other applications of police power. The term describes such state or local regulations, in any
combination thereof, that provide standards for the purpose of flood damage prevention and
reduction.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or
adjustments to structures that reduce or eliminate flood damage to real estate or improved real
property, water and sanitary facilities, or structures and their contents.
"Functionally Dependent Use" means a use that cannot perform its intended purpose unless it is
located or carried out in close proximity to water. This term includes only docking facilities and
facilities that are necessary for the loading and unloading of cargo or passengers but does not include
long-term storage or related manufacturing facilities.
"Highest Adjacent Grade" means the highest natural elevation of the ground surface prior to
construction next to the proposed walls of a structure.
"Historic Structure" means any structure that is (a) listed individually in the National Register of
Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the National Register;
(b) certified or preliminarily determined by the Secretary of the Interior as contributing to the
historical significance of a registered historic district or a district preliminarily determined by the
Secretary to qualify as a registered historic district; (c) individually listed on a state inventory of
historic places in states with historic preservation programs which have been approved by the
Secretary of the Interior; or (d) individually listed on a local inventory of historic places in
communities with historic preservation programs that have been certified either (1) by an approved
state program as determined by the Secretary of the Interior or (2) directly by the Secretary of the
Interior in states without approved programs.
"Lowest Floor" means the lowest floor of the lowest enclosed area, including basement. An
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access, or
storage, in an area other than a basement area, is not considered a building's lowest floor, provided
that such enclosure is not built soas to render the structure in violation of the applicable
flood proofing design requirements of this ordinance.
"Manufactured Home" means a structure, transportable in one or more sections, that is built on a
permanent chassis and is designed for use with or without a permanent foundation when attached to
the required utilities. The term "manufactured home" does include mobile homes manufactured
prior to 1976 but does not include a "recreational vehicle. "
"Manufactured Home Park or Subdivision" means a parcel (or contiguous parcels) of land divided
into two or more manufactured home lots for rent or sale.
"Map" means the Flood Hazard Boundary Map (FHBM), Flood Insurance Rate Map (FIRM), or the
Flood Boundary and Floodway Map (FBFM) for a community issued by the Federal Emergency
Management Agency (FEMA).
"Market Value" or "Fair Market Value" means an estimate of what is fair, economic, just and
equitable value under normal local market conditions.
"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for
which the construction of facilities for servicing the lot on which the manufactured homes are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and either
final site grading or the pouring of concrete pads) is completed on or after the effective date of
floodplain management regulations adopted by the community.
"(NFIP)" means the National Flood Insurance Program (NFIP).
"Participating Community" also known as an "eligible community," means a community in which the
Administrator has authorized the sale of flood insurance.
"Permit" means a signed document from a designated community official authorizing development in
a floodplain, including all necessary supporting documentation such as: (1) the site plan; (2) an
elevation certificate; and (3) any other necessary or applicable approvals or authorizations from local,
state or federal authorities.
"Person" includes any individual or group of individuals, corporation, partnership, association, or any
other entity, including Federal, State, and local governments and agencies.
"Principally Above Ground" means that at least 51 percent of the actual cash value of the structure,
less land value, is above ground.
"Recreational Vehicle" means a vehicle which is (a) built on a single chassis; (b) 400 square feet or
less when measured at the largest horizontal projections; (c)designed to be self-propelled or
permanently able to be towed by a light-duty truck; and (d) designed primarily not for use as a
permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal
use.
"Remedy A Violation" means to bring the structure or other development into compliance with
Federal, State, or local floodplain management regulations; or, if this is not possible, to reduce the
impacts of its noncompliance.
"Start of Construction" includes substantial-improvements, and means the date the building permit
was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition
placement, or other improvements were within 180 days of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the pouring of
slabs or footings, the installation of piles, the construction of columns, any work beyond the stage of
excavation, or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading and filling, the installation of streets
and/or walkways, excavation for a basement, footings, piers, foundations, the erection of temporary
forms, nor installation on the property of accessory structures, such as garages or sheds not occupied
as dwelling units or not part of the main structure. For a substantial-improvement, the actual start
of construction means the first alteration of any wall, ceiling, floor, or other structural part of a
building, whether or not that alteration affects the external dimensions of the building.
"State Coordinating Agency" means the Division of Water Resources, Kansas Department of
Agriculture, or other office designated by the governor of the state or by state statute at the request
of the Administrator to assist in the implementation of the National Flood Insurance Program (NFIP)
in that state.
"Structure" means, for floodplain management purposes, a walled and roofed building, including a
gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
"Structure"for insurance purposes, means a walled and roofed building, other than a gas or liquid
storage tank that is principally above ground and affixed to a permanent site, as well as a
manufactured home on a permanent foundation. For the latter purpose, the term includes a building
while in the course of construction, alteration or repair, but does not include building materials or
supplies intended for use in such construction, alteration or repair, unless such materials or supplies
are within an enclosed building on the premises.
"Substantial-Damage" means damage of any origin sustained by a structure whereby the cost of
restoring the structure to pre-damaged condition would equal or exceed 50 percent of the market
value of the structure before the damage occurred.
"Substantial-Improvement" means any reconstruction, rehabilitation, addition, or other
improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of
the structure before "start of construction" of the improvement. This term includes structures, which
have incurred "substantial-damage," regardless of the actual repair work performed. The term does
not, however, include either (1) any project for improvement of a structure to correct existing
violations of state or local health, sanitary, or safety code specifications that have been identified by
the local code enforcement official and which are the minimum necessary to assure safe living
conditions, or (2) any alteration of a "historic structure," provided that the alteration will not preclude
the structure's continued designation as a "historic structure."
"Variance" means a grant of relief by the community from the terms of a floodplain management
regulation. Flood insurance requirements remain in place for any varied use or structure and cannot
be varied by the community.
"Violation" means the failure of a structure or other development to be fully compliant with the
community's floodplain management regulations. A structure or other development without the
elevation certificate, other certifications, or other evidence of compliance required by this ordinance
is presumed to be in violation until such time as that documentation is provided.
Passed and adopted this 14th day of June, 2021.
/s/ James S. Cude'
James S. Cude', Mayor
attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
ORDINANCES OF THE CITY OF FALL RIVER, KANSAS
Ordinance 270
An Ordinance regulating the use of public and private sewers, sewage, disposal,
drains, the installation and connecting of building sewers, and the discharge of waters
and wastes into the public sewer system(s); and providing penalties for violations
thereof; in the City of Fall River, Greenwood County, Kansas ("the City").
Be it ordained and enacted by the Governing Body of Fall River, Kansas, as follows:
Article I
Definitions
Unless the context specifically indicates otherwise, the meaning of terms used in this
Ordinance shall be as follows:
Section 1. "BOD" (denoting Biochemical Oxygen Demand) shall mean the quantity of
oxygen utilized in the biochemical oxidation of organic matter under standard laboratory
procedures in five (5) days at 20 degrees Centigrade, expressed in parts per million by
weight.
Section 2. Building Drain" shall mean that part of the lowest horizontal piping of a
drainage system which receives discharge from soil, wastes, and other drainage pipes
inside the walls of the building and conveys it to the building sewer, beginning five (5)
feet outside the inner face of the building wall.
Section 3. "Building Sewer" shall mean the extension from the building drain to the
public sewer or other place of disposal.
Section 4. "Combined Sewer" shall mean a sewer receiving both surface runoff and
sewage.
Section 5. "Garbage" shall mean solid wastes from the preparation, cooking, and
dispensing of food, and from the handling, storage, and sale of produce.
Section 6. "Industrial Wastes" shall mean the liquid wastes from industrial processes as
distinct from sanitary sewage.
Section 7. "Natural Outlet" shall mean any outlet into a watercourse, pond, ditch, lake,
or other body of surface or ground water.
Section 8. "Person" shall mean any individual, firm, company, association, society,
corporation, partnership, proprietor, or group.
Section 9. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
Section 10. "Properly Shredded Garbage" shall mean wastes from the preparation,
cooking, and dispensing of food that have been shredded to such degree that all
particles will be carried freely under the flow conditions normally prevailing in public
sewers, with no particle greater than one-half (%) inch (1.27 centimeters) in any
dimension.
Section 11. "Public Sewer" shall mean a sewer controlled by public authority and in
which all owners of abutting properties have equal rights.
Section 12. "Sanitary Sewer" shall mean a sewer which carries sewage and to which
storm, surface, and ground waters are not intentionally admitted.
Section 13. "Sewage" shall mean any combination of the water-carried wastes from
residences, business buildings, institutions, and industrial establishments, together with
such ground, surface, and storm waters as may be present.
Section 14. "Sewage Treatment Plant" shall mean any arrangement of devices and
structures used for treating sewage.
Section 15. "Sewage Works" shall mean all facilities for collecting, pumping, treating,
and disposing of sewage.
Section 16. "Sewer" shall mean a pipe or conduit for carrying sewage.
Section 17. "Shall" is mandatory; "May" is permissive.
Section 18. "Slug" shall mean any discharge of water, sewage, or industrial waste
which, in concentration of any given constituent or in quantity of flow, exceeds for any
period of duration longer than fifteen (15) minutes more than five (5) times the average
twenty-four (24) hour concentration or flow during normal operations.
Section 19. "Storm Drain" (sometimes termed "storm sewer") shall mean a pipe or
conduit which carries storm and surface waters and drainage, but which excludes
sewage and industrial wastes, other than unpolluted cooling water.
Section 20. "Suspended Solids" shall mean solids that either float on the surface of or
are in suspension in water, sewage, or other liquids, and which are removable by
laboratory filtering.
Section 21. "Wastewater Manager" shall mean the appointed manager of sewage works
of the City of Fall River, or the manager's authorized deputy, agent, or representative.
Section 22. "Watercourse" shall mean a channel in which a flow of water occurs, either
continuously or intermittently.
Article II
Use of Public Sewers Required
Section 1. It shall be unlawful for any person to place, deposit, or permit to be
deposited in any unsanitary manner upon public or private property within the City of
Fall River, or in any area under the jurisdiction of said City, any human or animal
excrement, any garbage, or any other objectionable waste.
Section 2. It shall be unlawful to discharge into any natural outlet within the City of Fall
River, or into any area under the jurisdiction of the City, any sewage, industrial wastes,
or other polluted waters, except where suitable treatment has been provided in
accordance with subsequent provisions of this Ordinance.
Section 3. Except as provided in Article III of this Ordinance, it shall be unlawful to
construct or maintain any privy, privy-vault, septic tank, cesspool, or other facility
intended or used for the disposal of sewage.
Section 4. The owner(s)of all houses, buildings, or properties used for human
occupancy, employment, recreation, or other purposes situated within the City, and
abutting on any street, alley, or right-of-way which there is now located or may in the
future be located a public sanitary sewer of the City, is hereby required at the owner(s)'
expense to install suitable toilet facilities therein, and to connect such facilities directly
with the proper public sewer in accordance with the provisions of this ordinance within
one (1) year after the date of official notice to do so, provided that said public sewer is
within three hundred (300) feet of the property line.
Section 5. No person shall dig,excavate, or cause to be dug up or excavated within,
through, or under any street, alley, sidewalk, or public highway within the City for the
purpose of laying or repairing any water, wastewater, or other system line or pipe, or
making any connection therewith, without first obtaining a permit therefore from the
Manager. Such permit will not be granted if it is sought in order to avoid making a
connection to the City water or wastewater system that is otherwise required by this
Ordinance.
Section 6.lf an owner shall fail, neglect, or refuse to connect any building with the City's
sewer systems as herein provided, for more than thirty (30) days after being notified in
writing by the City to do so, the City may cause such premises and buildings to be
connected with said sewer system and are hereby authorized to advertise for bids for
the construction and making of such sewer connections and to contract therefore with
the lowest responsible bidder or bidders, and cause such premises to be connected
with said sewer system, and to assess the cost and expense against the property so
connected and such assessment to be made in the same manner as other special
assessments are made.
Section 7. Owners of premises which are connected or may be hereafter connected to
the sanitary sewage disposal system of the City shall pay a monthly service fee to the
City for the use of such system to the City, as provided for in Ordinance 271, effective
November 1, 2020. If an owner, agent, or occupant neglects, fails, or refuses to pay for
the services as provided herein, such unpaid charges shall constitute a lien upon the
real estate served by the connection to the sewer, and such charges shall be certified
by the City Clerk of Fall River to the County Clerk of Greenwood County, Kansas, to be
placed on the tax roll for collection subject to the same penalties and collection in like
manner as other taxes are by law collectible.
Article III
Private Sewage Disposal
Section 1. Where a public sanitary sewer is not available under the provisions of Article
II, Section 4, the building sewer shall be connected to a private sewage disposal system
complying with the provisions of this Article III.
Section 2. Before commencement of construction of a private sewage disposal system
permitted under this Article II, the owner(s) shall first obtain a written permit signed by
the Manager. The application for such permit shall be made on a form furnished by the
City, which the applicant shall supplement by any plans, specifications, and other
information that are deemed necessary by the Manager. A permit and inspection fee of
$25.00 shall be paid to the City at the time the application is filed.
Section 3. A permit for a private sewage disposal system shall not become effective
until the installation is completed to the satisfaction of the Manager, who shall be
allowed to inspect the work at any stage of construction. In any event, the applicant for
the permit shall notify the Manager when the work is ready for final inspection, and
before any underground portions are covered. The inspection shall be made within
forty-eight (48) hours of the receipt of notice by the Manager.
Section 4. The type, capacities, location, and layout of a private sewage disposal
system shall comply with all recommendations of the Kansas Department of Health and
Environment. No permit shall be issued for employing subsurface soil absorption
facilities where the area of the lot is less than one acre (43,560 square feet). No septic
tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.
Section 5. At such time as a public sewer becomes available to a property served by
the private sewage disposal system, a direct connection shall be made to the public
sewer in compliance with this Ordinance, and any septic tanks, cesspools, and similar
private sewage disposal facilities shall be abandoned and filled with suitable material
within thirty (30) days of completion of connection of the premises to the public sewer
system.
Section 6. The owner(s) shall operate and maintain the private sewage disposal
facilities in a sanitary manner at all times at no expense to the City.
Section 7. No statement contained in this Article shall be construed to interfere with any
additional requirements that may be imposed by a state or county health official.
Article IV
Building Sewers and Connections
Section 1. No persons shall uncover, make any connections with or opening into, use,
alter, or disturb any public sewer or appurtenance thereof without first obtaining a
written authorization and permit from the Manager. No building or premises within or
outside the city limits of Fall River shall be connected with the sewer or other
wastewater systems of the City without written application to and a permit issued by the
Manager, granted upon written application giving the location of the premises and
description of the work contemplated. Permits shall be issued only to duly licensed and
bonded plumbers if the work requires connection to the City's sanitary sewage system.
All such work shall be done by or at the direction of the plumber in whose name the
permit is issued, and no more work shall be done than is authorized therein. Additional
work shall require another permit. No permit shall be required for minor repair work, by
which is meant, for example, repair of leaks, traps, or drains, opening up stoppage in
waste pipes, or replacing broken fixtures when waste lines are not disturbed, and
replacing frozen pipes inside of a building.
Section 2. There shall be three (3) classes of building sewer permits: (a) for residential
service, (b) for commercial service, and (c) for service to establishments producing
industrial wastes. In any case, the owner(s) or the owner(s)' agent shall make
application on a form furnished by the City. The permit application shall be
supplemented by any plans, specifications or other information considered pertinent in
the judgment of the City Manager. A permit and inspection fee of $25.00for a
residential or commercial building sewer permit and $100.00for an industrial waste
building sewer permit shall be paid to the Cityat the time an application is filed.
Section 3. All costs and expenses incident to the installation and connection of the
building sewerto the City sewer shall be borne by the owner(s).The owner(s) shall
indemnify the City from any loss or damage that may directly or indirectly be occasioned
by the installation of the building sewer.
Section 4. A separate and independent building sewer shall be provided for every
building that is required by this Ordinance to have such a building sewer; except where
one building stands at the rear of another on an interior lot and no private sewer is
available or can be constructed to the rear building through an adjoining alley,
courtyard, or driveway, the building sewer from the front building may be extended to
the rear building and the whole considered as one building sewer. Again, this is in both
Section 5. Old building sewers may be used in connection with new buildings only
when they are found, on examination and test by the Manager, to meet all requirements
of this Ordinance.
Section 6. The size, slope, alignment, and materials of construction of a building
sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing,
and backfilling of the trench shall all conform to the requirements of the building and
plumbing code or other applicable rules and regulations of the City. In the absence of
code provisions, or in amplification thereof, the materials and procedures in applicable
and appropriate specifications of the A.S.T.M. and W.P.C.F Manual of Practice NO.9
shall apply.
Section 7. Whenever possible, the building sewer shall be brought to the building at an
elevation below the basement floor. In all buildings in which any building drain is too low
to permit gravity flow to the public sewer, sanitary sewage carried by such building drain
shall be lifted by a means approved by the Manager and discharged to the building
sewer.
Section 8. Combined sewers are not permitted. No permit shall make connection of
roof downspouts, interior and exterior foundation drains, areaway drains, or other
sources of surface runoff or groundwater to a building sewer or building drain which in
turn is connected directly or indirectly to a public sanitary sewer. In all buildings in
which any building drain is too low to permit gravity flow to the public sewer, sanitary
sewage carried by such drain shall be lifted by approved artificial means and discharged
to the building sewer. The use of any pumping equipment for which cross-connections
with public water supply systems are needed is prohibited.
Section 9. The connection of the building sewer into the public sewer shall conform to
the requirements of the building and plumbing codes or other applicable rules and
regulations of the City or of the applicable and appropriate specifications of the AS.T.M.
and the W.P.C.F. Manual of Practice No.9. All such connections shall be made
gastight and watertight. Any deviation from the prescribed procedures and materials
must be approved by the Manager before installation.
Section 10. The applicant for the building sewer permit shall notify the Manager when
the building sewer is ready for inspection and connection to the public sewer. The
connection shall be made under the supervision of the Manager.
Section 11. All excavations for building sewer installation shall be adequately guarded
with barricades and lights, so as to protect the public from hazard. Streets, sidewalks,
parkways, and other public property disturbed in the course of the work shall be
restored at the expense of the owner(s) in a manner satisfactory to the City.
Article V
Use of Public Sewers
Section 1. No person shall discharge or cause to be discharged any storm water,
surface water, ground water, roof runoff, subsurface drainage, including interior and
exterior foundation drains, unpolluted cooling water, or unpolluted industrial process
waters to any sanitary sewer.
Section 2. Storm water and all other unpolluted drainage shall be discharged to storm
sewers, or to a natural outlet approved by the Manager. Industrial cooling water or
unpolluted process waters may be discharged, upon approval of the City Manager to a
storm sewer or natural outlet. In no case does such approval authorize any
procedures or practices which may be in violation of State pollution statutes or
regulations.
Section 3. Except as hereinafter provided, no person shall discharge or cause to be
discharged any of the following described waters or waste to any public sewer:
a. Any gasoline, benzene, naphtha, fuel oil, or other flammable or explosive
liquid, solid, or gas.
b. Any waters or wastes containing toxic or poisonous solids, liquids, or gases in
sufficient quantity, either singly or by interaction with other wastes, to injure or interfere
with any sewage treatment process, constitute a hazard to humans or animals, create a
public nuisance, or create any hazard in the receiving waters of the sewage treatment
plant, including but not limited to cyanides in excess of two(2) mg/I as CN in the wastes
as discharged to the public sewer.
c. Any waters or waste having a pH lower than 5.5 or having any other corrosive
property capable of causing damage or hazard to structures, equipment, and personnel
of the sewage works.
d. Solid or viscous substances in quantities or of such size capable of causing
obstruction to the flow in sewers or other interference with the proper operation of the
sewage works, including but not limited to ashes, cinders, sand, mud, straw, shavings,
metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood,
paunch manure, hair and fleshings, as well as paper dishes, cups, milk containers and
other containers, whether whole or ground by garbage grinders
Section 4. No permit shall allow or cause discharge of the following described
substances, materials, waters, or wastes, if it appears likely in the opinion of the
Manager that such can harm the sewers or the sewage treatment processes or
equipment, or can have an adverse effect on the receiving stream, or can otherwise
endanger life, limb, public property, or constitute a nuisance. In forming an opinion the
Manager will give consideration to factors such as the quantities of subject waste in
relation to flows and velocities in the sewers, materials of construction of the sewers,
nature of the sewage treatment processes, capacity of the sewage treatment plant,
degree of treatability of waste in the sewage treatment plant, and other pertinent factors.
Prohibited are:
a. Any liquid or vapor having a temperature higher than one hundred fifty (150)
degrees Fahrenheit (65 degrees Centigrade).
b. Any waters or wastes containing fats, wax, great, or oils, whether emulsified
or not, in excess of one hundred (100) mg/I, or containing substances which may
solidify or become viscous at temperatures between thirty-two (32) and one hundred
fifty (150) degrees Fahrenheit (0 and 65 degrees Centigrade).
c. Any garbage that has not been properly shredded. The installation and
operation of any garbage grinder equipped with a motor of three-fourths (3/4)
horsepower (0.76 hp metric) or greater shall be subject to the review and approval of
the Manager.
d. Any waters or wastes containing strong acid iron pickling wastes, or
concentrated plating solutions, whether neutralized or not.
e. Any waters or wastes containing iron, chromium, copper, zinc, and similar
objectionable or toxic substances; or wastes exerting an excessive chlorine requirement
to such degree that any such material received in the composite sewage at the sewage
treat works exceeds the limits established by the Manager or state rules and regulations
for such materials.
f. Any waters or wastes containing phenols or other taste- or odor -producing
substances in concentrations that exceed limits which may be established by the
Manager as necessary, after treatment of the composite sewage, to meet the
requirements of state, federal, or other public agencies with jurisdiction for such
discharge to the receiving waters.
g. Any radioactive wastes or isotopes of such half-life or concentration as may
exceed limits established by the Manager in compliance with applicable state and
federal rules or regulations.
h. Any waters or wastes having a pH in excess of 9.5.
i. Materials which exert or cause:
(1) Unusual concentrations of inert suspended solids, including but not
limited to Fullers earth mine slurries, and lime residues; or of dissolved solids,
including but not limited to sodium chloride or sodium sulfate.
(2) Excessive discoloration, including but not limited to dye wastes and
vegetable tanning solutions.
(3) Unusual BOD, chemical oxygen demand, or chlorine requirements in
such quantities as to constitute a significant load on the sewage treatment works.
(4) Unusual volume of flow or concentration of wastes constituting "slugs."
j. Waters or waste containing substances which are not amenable to treatment
or reduction by the sewage treatment processes employed, or are amenable to
treatment only to such degree that the sewage treatment plant effluent cannot meet the
requirements of the agencies having jurisdiction or discharge to the receiving waters.
k. Any waters or wastes having (1) a five (5)-day BOD greater than 300 parts per
million by weight, or (2) containing more than 350 parts per million by weight, of
suspended solids; or (3) having an average daily flow greater than two (2) percent of the
average sewage flow of the City, shall be subject to the review of the Manager. Where
necessary in the opinion of the Manager, the owner(s) shall provide, at the owner(s)'
expense, such preliminary treatment as may be necessary to (1) reduce the
biochemical oxygen demand to 300 parts per million by weight, or (2) reduce the
suspended solids to 350 parts per million by weight, or (3) control the quantities and
rates of discharge of such waters or wastes, as applicable. Plans, specifications, and
any other pertinent information relating to proposed preliminary treatment facilities shall
besubmitted for the approval of the Manager, and no construction of such facilities shall
be commenced until said approvals are obtained in writing.
Section 5. If any waters or wastes are discharged, or are proposed to be discharged, to
the public sewer, which contain substances or possess the characteristics enumerated
in Section 4 of this Article 5, and which in the judgment of the Manager may have a
deleterious effect upon the sewage works, processes, equipment, or receiving waters,
or which otherwise create a hazard to life or limb, or constitute a public nuisance, the
Manager may:
a. Reject the waters or wastes,
b. Require pretreatment to an acceptable condition for discharge to the public
sewers.
c. Require control over the quantities and rates of discharge; and/or
d. Require payment to cover the added cost of handling and treating the waters
and waters not covered by existing taxes or sewer charges under the provisions of
Section 10 of this Article 5.
If the Manager permits pretreatment or equalization of waste flows, the design and
installation of the plans and equipment shall be subject to the review and approval of
the Manager, and shall be subject to the requirements of all applicable codes,
ordinances, and laws.
Section 6. Grease, oil, and sand interceptors shall be provided at the expense of the
owner(s) when, in the opinion of the Manager they are necessary for the proper
handling of liquid wastes containing grease in excessive amounts, or any flammable
wastes, sand, or other harmful ingredients; provided, however, that such interceptors
shall not be required for private, residential single dwelling units. All interceptors shall
be of a type and capacity approved by the Manager and shall be located as to be
readily and easily accessible for cleaning and inspection.
Section 7. where preliminary treatment or flow-equalizing facilities are provided for any
waters or wastes, they shall be maintained continuously in satisfactory and effective
operation by the owner(s) at the owner(s)' expense.
Section 8. When required by the Manager, the owner(s) of any property serviced by a
building sewer carrying industrial wastes shall install, at owner expense, a suitable
control manhole, together with such necessary meters and other appurtenances in the
building sewer to facilitate observation, sampling, and measurement of the wastes.
Such manhole, when required, shall be accessibly and safely located, and shall be
constructed in accordance with plans approved by the Manager. The manhole shall be
maintained by the owner(s), so as to be safe and accessible at all times.
Section 9. All measurements, tests, and analyses of the characteristics of waters and
wastes to which reference is made in this Ordinance shall be determined in accordance
with the latest edition of "Standard Methods for the Examination of Water and
Wastewater," published by the American Public Health Association, and shall be
determined at the control manhole provided, or upon suitable samples taken at said
control manhole. If no special manhole has been required, the control manhole shall e
considered to be the nearest downstream manhole in the public sewer to the point at
which the building sewer is connected. Sampling shall be carried out by customarily
accepted methods to reflect the effect of constituents upon the sewage works and to
determine the existence of hazards to life, limb, and property. (The particular analyses
involved will determine whether a twenty-four (24)-hour composite of all outfalls of a
premise is appropriate, or whether a grab sample or samples should be taken.
Normally, but not always, BOD and suspended solids analyses should be obtained from
24-hour composites of all outfalls, whereas pH's normally, but not always, should be
determined from periodic grab samples.)
Section 10. No statement contained in this article shall be construed as preventing any
special agreement or arrangement between the City and any industrial concern
whereby an industrial waste of unusual strength or character may be accepted by the
City for treatment, subject to payment therefore by the industrial concern.
Article VI
Powers and Authority of Manager
Section1. The Mayor shall, with approval of the City Council, appoint annually a
Wastewater Department Manager, who shall have supervision over all Fall River
wastewater matters, within or without the City limits, when and if any building or
premises is connected or to be connected to the City Wastewater Systems. The
Manager shall inspect all work under construction, alteration, or repair coming within his
jurisdiction, causing the same to be executed in accordance with the rules and
regulations of the City, making as many inspections as may be necessary under the
circumstances. If completed work is found under proper testing to conform with
authorized requirements, the Manager shall issue a certificate of approval. Builders and
owners are to accept no plumbing or drainage work without such a certificate.
Section 2. Upon request, the Manager shall give information and advice as to the
provisions of this Ordinance and shall investigate violations thereof. The Manager shall
inspect either old or new plumbing in any building which is or may be occupied if there
is a reasonable belief that it is unsanitary.
Section 3. All unknown plumbing is hereby declared to be a nuisance and a detriment
to health, and the Manager shall find the same and notify the owner or agent that the
premises shall be made sanitary in every respect within a reasonable time. Failure to
comply with such order shall be brought to the City Council for a determination as to
prosecution under the nuisance Ordinances of the City then in effect.
Article VII
Ordinance Violations and Penalties
Section 1. No unauthorized person shall maliciously, willfully, or negligently break,
damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or
equipment which is a part of the municipal sewage works. Any person violating this
provision shall be subject to immediate arrest under charge of disorderly conduct.
Section 2. Any person believed to have violated this Ordinance, except under Section
1 of this Article VII, shall be served by the City with written notice stating the nature of
the violation and providing a reasonable time limit for satisfactory correction thereof. He
person shall, within the time provided in such notice, permanently cease all violations.
Section 3. Any person who shall continue any violation beyond the time limit provided
in Section 2 of this Article VI shall be guilty of a misdemeanor, and upon conviction
thereof, shall be fined in an amount not exceeding $100.00 and/or imprisonment not to
exceed thirty (30) days for each violation, Each day in which any such violation shall
continue shall be deemed a separate offense.
Section 4. Any person violating any of the provisions of this Ordinance shall become
liable to the City for any expense, loss, or damage occasioned the City by reason of
such violation.
Article VIII
Validity
Section 1. Ordinances 172, 173, 174, 176,194, and all other prior Ordinances or parts
of Ordinances in conflict herewith are hereby repealed.
Section 2. The invalidity of any article, section, clause, sentence, or provision of this
Ordinance shall not affect the validity of any other part of this Ordinance which can be
given effect without such invalid part or parts.
Adopted by the City Council on September 14, 2021
/s/ Thomas A. McNeil
Thomas A. McNeil, Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
Construction of a project for Sanitary sewer system rehabilitation including the repair
and replacement of sewer lines (the "Project"); and
WHEREAS the Municipality has taken all steps necessary and has complied with
the provisions of the Loan Act and the provisions of K.A. R. 28-16-110 to 28-16-138 (the
"Regulations") applicable thereto and necessary to qualify for the loan; and
WHEREAS KDHE has informed the Municipality that it has been approved for a
loan, in an amount of not to exceed $655,136.00 in order to finance the Project; and
WHEREAS the governing body of the Municipality hereby finds and determines
that it is necessary and desirable to accept the Loan and to enter into a Loan
Agreement and certain other documents relating thereto and to take certain actions
required in order to implement the loan agreement.
THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY
OF FALL RIVER, KANSAS:
Section 1. Authorization of Loan Agreement. The Municipality is hereby
authorized to accept the Loan and to enter into a certain loan agreement with an
effective date of January 4, 2021, with the State of Kansas, acting by and through the
Kansas Department of Health and Environment (the "Loan Agreement"), to finance the
Project Costs (as defined in the Loan Agreement) The Mayor and City Clerk are hereby
authorized to execute the Loan Agreement in substantially the form presented to the
governing body this date, with such changes or modifications thereto as may be
approved by the Mayor and the City Attorney, the Mayor's execution of the Loan
Agreement being conclusive evidence of such approval.
Section 2. Establishment of Dedicated source of revenue for Repayment of
Loan. Pursuant to the Loan Act, the Municipality hereby establishes a dedicated
source of revenue for repayment of the Loan. In accordance therewith, the Municipality
shall impose and collect such rates, fees, and charges for the use and services
furnished by or through the System, including all improvements and additions thereto
hereafter constructed or acquired by the Municipality, as will provide System
Revenues, or levy ad valorem taxes without limitation as to rate or amount upon all
taxable tangible property, real or personal, within the territorial limits of the Municipality,
to produce amounts which are sufficient to (a) pay the cost of the operation and
maintenance of the System, (b) pay the principal of and interest on the Loan as when
the same become due, and (c) pay all other amounts due at any time under the Loan
Agreement; provided, however, no lien or other security interest is granted by the
Municipality to KDHE on the System Revenues under this Agreement. In the event
System Revenues are insufficient to meet the obligations under the Loan and Loan
Agreement, the Municipality shall levy ad valorem taxes without limitation as to rate or
amount upon all the taxable tangible property, real or personal within the territorial limits
of the Municipality to produce the amounts necessary for prompt payment of the
obligations under the Loan and Loan Agreement.
Section 3. Further Authority. The Mayor, City Clerk, and other City officials
are hereby further authorized and directed to execute any and all documents and take
such actions as they may deem necessary or advisable in order to carry out and
perform the purposes of this Ordinance, and to make alterations, changes, or additions
in the foregoing agreements, statements, instruments, and other documents herein
approved, authorized, and confirmed which they may approve, and the execution or
taking of such action shall be conclusive evidence of such necessity or advisability.
Section 4. Governing Law. This Ordinance and the Loan Agreement shall be
governed exclusively by and construed in accordance with the applicable laws of the
State of Kansas.
Section 5. Effective Date. This Ordinance shall take effect and be in full force
from and after its passage by the governing body of the City and publication in the
official City newspaper.
Passed and adopted by the City Council on February 8, 2021.
/s/ James S. Cude'
James S. Cude, Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
270, 271, and 272 can be found after
Ordinance 274 (below)
ORDINANCES OF THE CITY OF FALL RIVER, KANSAS
Ordinance 271
An ordinance providing for payment of fees and charges to be paid by owners of
residential and commercial real property ("the premises") for maintenance and repairs
of the public potable water systems and the public wastewater and sanitary sewage
disposal systems of the City of Fall River; delivery to the premises of potable water;
release from the premises into the public sewers of sewage and other waters and
wastes; and provision of refuse collection services delivered by the City; and providing
penalties for violation thereof.
Be it ordained and enacted by the Governing Body of Fall River, Kansas, as follows:
ARTICLE 1
Definitions of terms, words, and phrases in this Ordinance shall be the same as those
set forth in Ordinance 270.
ARTICLE 2
Fees and Charges
Section 1. Owners of real property which is required by Ordinance 270 to be connected
to the City's public water and sewage disposal systems shall pay a set monthly user
access fee to be allocated and budgeted by the City for maintenance and repairs of the
City's sewer and water systems.
Section 2. Said owners shall also pay monthly per-gallon user charges for City delivery
of potable water to the premises and set monthly user charges for City provision and
hauling of appropriate refuse receptacles
Section 3. At the time City delivery of water to the premises is scheduled to commence,
the owner(s) shall pay a set user service for new water delivery service, along with a
refundable deposit for continued water service. Water delivery service may be
discontinued, either at the request of an owner or involuntarily by the City for
nonpayment of fees and charges or other violation of City service and utility ordinances.
Provided, however, that such discontinuation will not relieve any owner of the
requirement for payment of the set access fee set forth in Section 1 of this Article 2, nor
excuse any owner from penalties for nonpayment of fees and charges owed to the City.
Owners must pay a set service charge for resumption of service prior to such
resumption.
Section 4. Provision of refuse collection services may, at the discretion of the City, be
suspended at the request of the owner(s) at such times as there is no occupancy or
commercial activity on the premises.
Section 5. The amounts of said monthly fees and charges set forth in this Ordinance
shall be established from time to time by Resolution of the Governing Body.
ARTICLE 3
Penalties
A monthly statement of fees and charges shall be sent by regular mail to the owner(s)
of the premises or, with authorization of the owner(s), to the owner(s)' agent or an
occupant of the premises. In all cases, should the owner(s), agent, or occupant neglect,
fail, or refuse to pay the fees and charges listed in the statement, such fees and
charges shall be certified by the City Clerk of the City of Fall River to the County Clerk
of Greenwood County, Kansas, to be placed on the tax roll for collection subject to the
same penalties and collection in like manner as other taxes are by law collectible.
Adopted by the City Council on August 31,2020.
/s/ Thomas McNeil
Thomas McNeil, Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
ORDINANCES OF THE CITY OF FALL RIVER, KANSAS
Ordinance No. 272
AN ORDINANCE PROVIDING FOR REGULATION AND REMOVAL OF
SHRUBBERY, TREES, AND MATERIALS
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:
Section One
WHEREAS it is provided in K.S.A.Chapter 12, Article 32 that the governing body of any
city ("the City") is authorized to regulate by ordinance the planting, maintenance,
treatment, and removal of trees and shrubbery upon all streets, alleys, avenues,
boulevards, and public rights-of-way within the city ("public property") and upon private
property abutting such public property, it is thereby ordained as follows herein.
Section Two
The City.by and through its designated employees or agents may, in its sole discretion,
as a municipal function, provide for planting, maintenance, treatment, or removal of
trees and shrubbery on all public property within the city limits of Fall River, Kansas.
Section Three
If the trees or shrubbery on property that abuts such public property meet one or more
of the following conditions, the trees or shrubs shall be trimmed or removed to abate the
condition:
a. A tree or limbs are damaged, dying, or otherwise in sufficiently hazardous
condition as to cause damage to the public or any public or private property lawfully
located on public property.
b. A tree, limbs, or shrubbery create a visual traffic obstruction or hazard.
c. Limbs or shrubbery do not maintain a clearance of at least eight (8) feet above
the full width of a sidewalk or fourteen (14) feet above the full width of a street, alley,
avenue, boulevard or other public throughway.
d. A tree or shrubbery is in a damaged or infected condition that could result in
damage or destruction of other trees or shrubs in the community, as defined in K.S.A.
12-3204.
Section Four
If trees or shrubs located on property which abuts public property are in violation of this
Ordinance, as described in Section Three, subsections a, b., or c., and after reasonable
notice to the owners of the abutting property, the City may proceed, in the alterative, at
its discretion, as follows:
a. Proceed at the City's expense to trim or remove the trees or shrubs; or
b. Allow the owners, at their own expense, to abate the violation by trimming or
removing such trees or shrubbery.
Section Five
If trees or shrubbery are maintained in violation of Section Three, subsection d, the City
may proceed as provided in K.S.A. 12-3204 through12-3206.
Section Six
All previous ordinances and parts of ordinances are hereby repealed to the extent they
conflict with this Ordinance. However, nothing in this Ordinance 272 is intended to
replace or alter the meaning or enforcement of Ordinance No.260, the City's public
nuisance ordinance.
This Ordinance shall be in full force and effect from and after its adoption by the Council
and summary publication pursuant to K.S.A. 12-3007.
Adopted by the City Council on November 9,2020.
/s/ Thomas McNeil
Thomas McNeil, Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
Ordinance 275
AN ORDINANCE PROVIDING FOR SALE OF ALCOHOLIC BEVERAGES FOR liON PREMISES"
CONSUMPTION
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER, KANSAS, THAT:
The retail sale of "alcoholic beverages", as that term is defined by statute or regulation, shall be
permitted for packaged or closed containers, and also for "on premises" consumption. The licensing fee
for sale of such beverages is set at $125.00 per retail sale location, to be renewed yearly on or before
the prior year's date of issue. Ordinance 216 is hereby repealed.
Passed and adopted this 14th day of June, 2021.
/s/ James S. Cude'
James S. Cude', Mayor
attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk
Ordinance No. 276
AN ORDINANCE AUTHORIZING AND DIRECTING RAZING AND REMOVAL
OF CERTAIN UNSAFE AND DANGEROUS STRUCTURES LOCATED AT 404, 408,
AND 414 CLIFF STREET, AUTHORIZING FINANCING OF COSTS, AND LEVYING
OF SPECIAL ASSESMENTS AGAINST LOTS OR PARCELS OF LAND ON WHICH
SUCH STRUCTURES ARE LOCATED
WHEREAS, the Governing Body did, after proper notice and hearing as provided
by law, make findings by Resolution No. 2021-14, dated May 21, 2021, that the
structures hereinafter described are unsafe and dangerous, and did direct those with
known or apparent ownership interest of such structures to repair or remove the same
and make the premises safe and secure, together with a statement that if razing and
removal were not commenced and completed within the times fixed by such Resolution,
the City would cause the structures to be razed and removed; and
WHEREAS,such Resolution was published in the official City newspaper and
copies of such Resolution were mailed to each known or apparent individual with an
ownership interest in such structures by certified mail, return receipt requested; and
WHEREAS, no person or entity has commenced the razing and removal of any
of said structures:
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:
Section One
The City Enforcement Officer is hereby authorized and directed to cause the structures
located at:
LOTS ONE (1), TWO (2), THREE (3), FOUR (4), FIVE (5), SIX (6), SEVEN (7), EIGHT
(8), NINE (9), TEN (10), FIFTEEN (15), SIXTEEN (16), SEVENTEEN (17), BLOCK
SIXTEEN (16), TOWN OF FALL RIVER, GREENWOOD COUNTY, KANSAS; AND
LOTS THIRTEEN (13) AND FOURTEEN (14), BLOCK SIXTEEN (16), TOWN OF FALL
RIVER, GREENWOOD COUNTY, KANSAS, COMMONLY KNOWN AND REFERRED
TO AS 404, 408, AND 414 CLIFF STREET, FALL RIVER, KANSAS, to be razed and
removed, and the premises made safe and secure, and for this purpose is authorized to
invite bids, negotiate a contract, or cause the work to be done by City employees.
Section Two
The Enforcement Officer shall keep an account of the costs of the work, may sell
salvage from such structures, and shall keep an account of the receipts therefrom as
provided by law.
Section Three
All costs incurred by the City in the razing and removal of such structures and the
making of the premises safe and secure ("the City's costs") shall first be paid from the
proceeds of thesale of salvage therefrom, if any. All salvage proceeds not necessary to
pay the City's costs shall, after payment of all costs, be paid to the owners of the real
estate upon which said structures were located.
Section Four
If there are no salvage sale proceeds, or if the salvage sale proceeds are
insufficient to pay the City's costs, the City's costs shall be assessed as a special
assessment against the lots or parcels of land on which the structures were located,
and may be financed from the City's general fund until such assessment is paid and/or
may be pursued as a personal debt pursuant to the procedure allowed under K.S.A. 12-
1,1115 and any amendments thereto.
Section Five
This Ordinance shall be in full force and effect from and after its adoption by the
Council and summary publication pursuant to K.S.A. 12-3007.
Adopted by the City Council on October 11,2021.
/s/ James S. Cude'
James S. Cude', Mayor
Attest: /s/ Mandy Vanderhoof-Fogle
Mandy Vanderhoof-Fogle, City Clerk