ORDINANCE NO. G-442
AN ORDINANCE RELATING TO THE FAILURE TO COMPLY AND PENALTIES FOR VIOLATION OF CHAPTER 22-THE ENVIRONMENTAL CODE AND CHAPTER 28-HEALTH AND WELFARE, AMENDING SECTIONS 22-23, 22-162 AND 28-25 OF THE CITY CODE OF THE CITY OF HARPER, KANSAS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HARPER:
SECTION 1: That Section 22-23 of the City Code of the City of Harper, Kansas be amended to read as follows:
Sec. 22-23. – Penalty
The public officer may file a complaint in the municipal court against any person found to be in violation of section 22-82; provided, however, that such person shall first have been sent a notice as provided in section 22-54 and that the person has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in section 22-54. Upon such complaint in the municipal court, any person found to be in violation of section 22-82 shall, upon conviction, be punished by a fine of $100, and upon second conviction of such a violation occurring within three years $500, and upon third conviction of such a violation occurring within three years $1,500, or by imprisonment, for not more than 30 days, or by both such fine and imprisonment. For the purposes of this article, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist.
SECTION 2: That Section 22-162 of the City Code of the City of Harper, Kansas be amended to read as follows:
Sec. 22-162. – Failure to comply; penalty.
Should the person fail to comply with the notice to abate the nuisance or request a hearing, the enforcing officer may file a complaint in the municipal court of the city against such person and upon conviction of any violation of provisions of section 22-156, be fined in an amount of $100, and upon second conviction of such a violation occurring within three years $500, and upon third conviction of such a violation occurring within three years $1,500, 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 notice has been served shall constitute an additional or separate offense.
SECTION 3: That Section 28-25 of the City Code of the City of Harper, Kansas be amended to read as follows:
Sec. 28-25. – Failure to comply; penalty.
Should the person, corporation, partnership or association fail to comply with the order to abate the nuisance or request a hearing, the enforcing officer may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of section 28-19, be fined in an amount of $100, and upon second conviction of such a violation occurring within three years $500, and upon third conviction of such a violation occurring within three years $1,500, 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 notice has been served shall constitute an additional or separate offense.
SECTION 4: That sections 22-23, 22-162 and 28-25 of the City Code of the City of Harper, Kansas, is hereby amended.
SECTION 5: This ordinance shall take effect and be in full force from and after its publication in the Harper Advocate.
Passed by the City Council on this 14th day of April, 2025.
Approved by the Mayor on this 14th day of April, 2025.
__________________________
Eric Latta, Mayor
ATTEST:
(SEAL)
______________________________
Tiffany M. Cooperrider,
City Clerk
APPROVED AS TO FORM:
Philip W. Unruh
