HomeMy Public PortalAboutOrd 260 Sump Pump Discharge
(First Published in the ~ y~ 7J..l~
on the _ day of ,1 95,)
THE CITY OF BEL AIRE, KANSAS
ORDINANCE NO. :< &, 0
AN ORDINANCE DECLARING DISCHARGE INTO ARIGHT -OF- WAY
A NUISANCE; ESTABLISIDNG NOTIFICATION PROCEDURES; AND
PROVIDING PENAL TIES THEREFORE.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF BEL AIRE, KANSAS:
Section 1.
Declaration of Nuisance
It is hereby declared a nuisance to deposit upon, discharge onto, or allow to run into or upon
any street, avenue, sidewalk, or other public right-of-way, without prior written permission from the
City of Bel Aire, any of the following:
Discharge from a sump pump or other drain which allows the deposit of sediment and/or
organic growth, creating a hazard within any street, avenue, sidewalk, or other right-of-way;
Any water or waste containing free, floating or insoluble oil; or
Any gasoline, benzine, naphtha, fuel oil, mineral oil, or other flammable or explosive liquid,
solid, or gas.
Section 2,
Notice
Upon discovery of said nuisance the city shall serve a notice to abate the nuisance and, when
applicable, prevent future occurrences within seven (7) days of the date on the notice, Such notice
shall be served upon the owner of the property or occupant thereof personally or by registered mail.
Failure to abate the nuisance and, when applicable, prevent future occurrences within seven (7) days
as directed will result in the filing of charges in the municipal court of Bel Aire, Kansas.
Section 3.
Hearing Process
Any person wishing to contest the notice of abatement has the right to a hearing by the City
Administrator. Such hearing must be requested in writing and the request must be received at the Bel
Aire City Hall, 4551 N. Auburn, Bel Aire, Kansas, no later than three working days prior to the seven
day deadline for abatement.
The decision of the City Administrator may be appealed to the City Council. The appeal must
be in writing and the appeal must be received at the Bel Aire City Hall, 4551 N. Auburn, Bel Aire,
Kansas, no later than three working days after the hearing by the City Administrator.
Section 4.
Violation and Penalties
Any person violating the provisions of this ordinance shall, upon conviction, be deemed guilty
ofa misdemeanor and fined a sum of not more than one hundred dollars ($100.00).
Section 5.
Effective Date
This Ordinance shall take effect and be in force from and after its publication in the official
city newspaper.
Passed by the City Council this / /d day of (!) ~ , 1995,
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,;(~l$p'proyea~3t}Ehe Mayor this /2tJ day of t!Jc::zk , 1995.
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MAYOR, HAROLD A. SMITH
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CITY CL , SHERR YL L. CUTTER