98 - VIOLATION AND PENALTIES
Sections
NOTE: Included herein are provisions adopted by Ord. 2975, 2010; Ord. 3064, 2013; Ord. 3131, 2015; Ord. 3143, 2015; Ord. 3154, 2016; Ord. 3175, 2016; and Ord. 3213, 2018.
A.
Violation of Title. Any owner, lessee or tenant of land who shall construct, reconstruct, alter, relocate or maintain any building or other structure or use such land in violation of any of the provisions of this title is hereby declared to be a public offense and, pursuant to the authority of K.S.A. 12-761, shall be guilty of a misdemeanor.
B.
Failure to Comply. Any owner, lessee or tenant of land having been personally served with an order in writing by the enforcement officer, police officer, or by certified mail, to correct or remove any violation, who shall fail to comply with such order within ten (10) days after such service, or who shall violate the provision of this title named in such order or who shall construct, alter or use and occupy any building permitted by any approved building permit or certificate of occupancy shall be guilty of a misdemeanor.
C.
Violation Responsibility. The owner or general agent of any land, building, structure or premises where a violation of the provisions of this title or order of the enforcement officer has been committed or shall exist; or there is presumptive evidence that a violation exists, or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist; or there is presumptive evidence that such a violation exists, or the general agent, architect, builder or contractor or any other person who knowingly commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor.
A.
Each day that a violation continues shall constitute separate offense, and each offense may be punishable by a fine not to exceed five hundred dollars ($500.00).
B.
In the event that any building or structure is constructed, reconstructed, relocated or maintained or any building, structure, lot or land is used in violation of any of the provisions of this title, the Governing Body, the enforcement officer, the Planning Commission, the prosecuting attorney, or the owner of any private property or any public body the property of whom or which is or may be affected by any such violation may institute in the district court any appropriate action or proceeding in law or in equity to prevent such unlawful development or erection, construction, reconstruction, alteration, relocation or maintenance or use, or to restrain, abate, enjoin or correct such violation, or to prevent the occupancy of such building or structure or unlawful use of such land and to prevent illegal acts, conduct, business or use in or about the premises, and these remedies shall be in addition to the penalties prescribed in subsection (A) of this section.
98 - VIOLATION AND PENALTIES
Sections
NOTE: Included herein are provisions adopted by Ord. 2975, 2010; Ord. 3064, 2013; Ord. 3131, 2015; Ord. 3143, 2015; Ord. 3154, 2016; Ord. 3175, 2016; and Ord. 3213, 2018.
A.
Violation of Title. Any owner, lessee or tenant of land who shall construct, reconstruct, alter, relocate or maintain any building or other structure or use such land in violation of any of the provisions of this title is hereby declared to be a public offense and, pursuant to the authority of K.S.A. 12-761, shall be guilty of a misdemeanor.
B.
Failure to Comply. Any owner, lessee or tenant of land having been personally served with an order in writing by the enforcement officer, police officer, or by certified mail, to correct or remove any violation, who shall fail to comply with such order within ten (10) days after such service, or who shall violate the provision of this title named in such order or who shall construct, alter or use and occupy any building permitted by any approved building permit or certificate of occupancy shall be guilty of a misdemeanor.
C.
Violation Responsibility. The owner or general agent of any land, building, structure or premises where a violation of the provisions of this title or order of the enforcement officer has been committed or shall exist; or there is presumptive evidence that a violation exists, or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist; or there is presumptive evidence that such a violation exists, or the general agent, architect, builder or contractor or any other person who knowingly commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be guilty of a misdemeanor.
A.
Each day that a violation continues shall constitute separate offense, and each offense may be punishable by a fine not to exceed five hundred dollars ($500.00).
B.
In the event that any building or structure is constructed, reconstructed, relocated or maintained or any building, structure, lot or land is used in violation of any of the provisions of this title, the Governing Body, the enforcement officer, the Planning Commission, the prosecuting attorney, or the owner of any private property or any public body the property of whom or which is or may be affected by any such violation may institute in the district court any appropriate action or proceeding in law or in equity to prevent such unlawful development or erection, construction, reconstruction, alteration, relocation or maintenance or use, or to restrain, abate, enjoin or correct such violation, or to prevent the occupancy of such building or structure or unlawful use of such land and to prevent illegal acts, conduct, business or use in or about the premises, and these remedies shall be in addition to the penalties prescribed in subsection (A) of this section.