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CITY OF RAMONA
CHARTER ORDINANCE NO. 194

A CHARTER ORDINANCE EXEMPTING THE CITY OF RAMONA FROM THE PROVISIONS OF K.S.A. 66-1801 ET SEQ., THE KANSAS UNDERGROUND UTILITY DAMAGE PROTECTION ACT, AND PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS ON THE SAME SUBJECT.

    BE IT ORDAINERD BY THE GOVERNING BODY OF THE CITY OF RAMONA:

    Section 1. The City of Ramona, by virtue of the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects and does exempt itself and make inapplicable to it K,S,A, 66-1801 through K.S.A. 66-1816, the enactment known as the Kansas Underground Utility Damage Protection Act, which enactment applies to this city, but does not apply uniformly to all cities.

    Section 2. All underground water and wastewater facilities installed after the date of this ordinance shall be locatable.

    Section 3. Any excavator may, prior to excavating, call the city and request that the city locate any underground wastewater and water facilities.

    Section 4. This charter ordinance shall be published once each week for two consecutive weeks in the official city newspaper.

    Section 5. This charter ordinance shall take effect 61 days after final publication unless a sufficient petition for a referendum is filed and a referendum held on the ordinance as provided in Article 12, Section 5, Subsection (c)(3) of the Constitution of the State of Kansas, in which case the ordinance shall become effective if approved by the majority of the electors voting thereon.

    Passed by the Governing Body, not less than two-thirds of the members-elect voting in favor thereof, this 14th day of November, 2011.


                        __________________________________
                        Mayor Brendan Bailey



Attested by:
Jessica Gilbert, City Clerk

City of Ramona
PO Box 84
Ramona, KS  67475

ORDINANCE NO.  164, amended

AMENDING AN ORDINANCE REQUIRING A PERMIT TO TEAR DOWN, REMOVE, OR BRING INTO THE CITY OF RAMONA ANY BUILDING  MORE THAN 300 SQUARE FEET, PROVIDING FOR THE PROPER PROCEDURE OF THE APPLICANT IN SECURING SUCH PERMIT, PRESCRIBING A FEE FOR SAME, TO ASSURE PROPERTY BE LEFT IN A CLEAN, SAFE, AND SANITARY CONDITION SUITABLE FOR THE CONSTRUCTION OF A NEW HOUSE OR BUILDING ON SAID PREMISES, PRESCRIBING PENALTIES FOR VIOLATION OF ALL OR ANY PART OF SAID ORDINANCE, AND ALSO REQUIRING A LICENSED MOVING CONTRACTOR.

    Whereas, it is desirable that the City of Ramona, Marion County, Kansas, have an ordinance regulating and controlling the tearing down and moving of houses and/or buildings within the City of Ramona, Kansas, so as to protect all citizens of said city and the city itself from having its streets damaged by said movement of said buildings, and
    
    NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RAMONA, MARION COUNTY, KANSAS,

SECTION 1.  That no person, firm or corporation shall commence the removal, or destruction or tearing down of any building or structure within the corporate limits of the City of Ramona, Kansas, without first filling out and submitting a City of Ramona House Moving Permit Application.  Said permit cannot be issued except at a regular council meeting.  Applicant is to give all reasonable information necessary concerning the nature of work to be done, location of property which applicant wishes the permit for.

SECTION 2. The fee for the above permit to be $400 certified funds.  That said City Council reserves the right to designate the route or routes applicant must use in removal of buildings.  Said fee to be deposited in the city general fund in escrow until the Council order the refund to be made to the applicant.

SECTION 3.  All applicants of said permit must remove all debris, junk, discarded material from all lots from which the building or buildings are removed.  That all foundations be torn down to ground level, all wells, cisterns, cellars, basements or other excavations remaining on said lots be filled with dirt to the satisfaction of the City Council.  Any person or persons involved in the tearing down of or removal of buildings must keep the premises in a safe and sanitary condition and avoid creating a fire hazard, or any menace to public health.  That said city maintains the right to abate any such condition or conditions of this kind, at the time, and charge costs of abatement to the owner thereof.

SECTION 4.  Structures over 300 square feet which are being moved in or out of city limits must be transported using a bonded and insured house moving company. Insurance and bonding is required so that City property is protected should any damage occur. Said company must show proof of coverage prior to any structures being moved.

SECTION 5. Any person or persons, firm or corporation violating any of the provisions of this ordinance shall upon conviction thereof, be punished by a fine of not more than $500 or less than $100.

SECTION 6. No building shall leave the city limits, until all conditions are met. And said vacated lots have met the approval of the Council.  The City of Ramona, KS, may maintain an action upon the bond, herein before referred to, against the signers thereof for the amount of said bond as damages for the failure of applicant to comply with all the provisions of this ordinance, and the signers of said bonds shall be liable therein for the face value of the said bond.

SECTION 7.  This amended ordinance shall be in full force after its approval, passage and publication in the official paper.

Approved and passed this 14th day of February, 2011.  

Signed: Pat Wick, Mayor

Attest: Jessica Gilbert, city clerk


Ordinance #189

 

An ordinance relating to Domestic and Exotic Animals within Ramona City Limits.  

March 2016 amendment increased the number of goats allowed, per acre, from one to six.

Ordinance enacted: 10-12-09            Amended: 3-14-16 


BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RAMONA:


SECTION I: Animals allowed in City limits

It is lawful for a person to maintain or have in his or her possession, within the city limits, the following animals and fowl, with the following provisions:

  1. Cows (fenced, 1 per acre; cow and calf (3 acres)
  2. Horses (fenced, 1 per acre)
  3. Sheep (fenced, 6 per acre)
  4. Goats (fenced, 6 per acre)
  5. Chickens (50 per household, free-range is allowed, unless there’s a complaint)
  6. Geese-ducks (fenced, 6 per household)
  7. Turkey (fenced, 6 per household)
  8. Rabbits (enclosed, 10 per household)
  9. Cats 
  10. Dogs, which are regulated by Ordinance 196


SECTION II: Forbidden animals within city limits

It shall be unlawful for any person, firm or corporation to keep, maintain, or have in his or her possession, or under his or her control within the city, any of the following animals:

  1. Pigs
  2. Donkeys
  3. Peacocks
  4. Guineas
  5. Ostrich
  6. Emu
  7. Raccoons
  8. Skunks
  9. Bobcats or wolves
  10. Poisonous or constricting snakes
  11. Any other wild or exotic animals


SECTION III: Care and Maintenance of animals

  1. Animals shall be maintained in quarters so constructed as to prevent their escape.
  2. The keeping or maintaining of such permitted animals/fowl will not constitute a nuisance or interference with enjoyment of life or property in the neighborhood
  3. The keeping or maintaining of such permitted animals/fowl will not constitute a menace to public health or breeding grounds for insects or vermin
  4. If animals in your care are not adequately housed, fenced, fed watered, or if grounds become a breeding place for insects and vermin, you will  no longer be permitted to maintain such animals within city limits.
  5. Cows, horses, sheep, goats, shall not be kept in any building or enclosure which is connected to or used for residential purposes, or in yards next to houses, or within 50 feet of any residence.  There must be adequate fencing to keep animals safely contained on a minimum of an acre of grassland.
  6. Acreage within city limits where horses, cows, sheep or goats are pastured, is to be maintained as grassland, and not over-grazed to the point of turning the land into a bare lot.  If grass if overgrazed and destroyed, then it must be replanted, and animals removed from city limits until the pasture ground is restored.
  7. It is unlawful for any person to permit animals or fowl (other than chickens) to run at large within city limits, or to contain, or picket any animal in your yard, the city park, or on any public right-of-way within city limits.
  8. It is a nuisance for any person to keep any animal in such a manner as to become offensive to any person residing in the vicinity, or to the general public, due to noise or odor from said animals.


SECTION IV:  Complaint Procedure

  1. If any of the animals housed on property cause a problem for immediate neighbors, resulting in complaints, the complaint must be submitted to the Council on the City Complaint Form.  Complaints must be signed.
  2. If the Council sees a clear violation of the ordinance, the Mayor will send a certified letter to the offending party, giving them 10 days to come into compliance.
  3. If compliance does not occur within the time given, the complaint is turned over to the City Attorney for legal action.


SECTION V: Penalties

  1. Violation of this ordinance shall be deemed as unclassified misdemeanors, and shall be punishable by a fine of up to $500, and by other lawful order of the municipal judge, including orders of contempt.
  2. The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed, or removed from the city
  3. If damage to property, injury to another animal or person, should occur because of another animal, the owner is responsible to compensate for the cost of the damage or injury.

This ordinance shall be effective from the date of its passage, and upon one publication in the Marion County Record, the official city newspaper.

Passed and approved by the governing body of the City of Ramona, this 14th day of March, 2016.

                        Mayor___________________________
Attest:



City Clerk

Ordinance No. 187

AN ORDINANCE CREATING THE MUNICIPAL COURT OF THE CITY OF RAMONA, KANSAS, AND ESTABLISHING ITS JURISDICTION; CREATING THE OFFICE, QUALIFICATIONS AND COMPENSATION OF THE MUNICIPAL JUDGE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY:

ARTICLE 1.  GENERAL PROVISIONS

Section 1    Judicial Office created
    There is hereby created a municipal court in and for this municipality, which shall be presided over by a municipal judge.

Section 2    Qualifications
    A person shall be qualified to hold the office of municipal judge if such person:
a.    Is qualified pursuant to K.S.A. 12-410; and
b.    Has taken the oath of office after having been duly appointed by the city

Section 3    Oath of Office
The municipal judge shall, prior to taking office, take an oath of office in which the judge shall swear to uphold the constitution and laws of the United States of America and the State of Kansas, and the ordinances of the municipality, and to faithfully and impartially discharge and perform all of the duties of the office.

Section 4    Compensation
    Salary and amount of time to be worked by the municipal judge shall be provided by ordinance adopted by the governing body, which ordinance shall be adopted prior to the date of the beginning of any term for which the municipal judge is elected or appointed to serve.

ARTICLE II.    JURISDICTION

Section 5    Jurisdiction.
The municipal court shall have jurisdiction over all offenses and complaints under the ordinances of the municipality and may issue subpoenas and warrants and punish for contempt, and the municipal court shall have jurisdiction over other matters as may be authorized pursuant to state law.

Section 6    Proceedings
    Municipal Court proceedings shall be held at a time and place determined to be consistent with the convenience of the parties involved and the interests of justice.  All complaints and notices to appear before the Municipal Judge shall provide the time for appearance in standard time format and shall plainly provide the address wherein the matter will be heard.

PASSED, APPROVED AND ADOPTED THIS 9TH DAY OF MARCH, 2009


Signed by

MAYOR PAT WICK





ATTESTED by City Clerk, Jessica Gilbert

CITY OF RAMONA
PO BOX 84, RAMONA, KS  67475

ORDINANCE 179

AN ORDINANCE EMPOWERING THE GOVERNING BODY OF THE CITY OF RAMONA, KANSAS, TO CAUSE THE REPAIR OR REMOVAL OF UNSAFE OR DANGEROUS STRUCTURES WITHIN SAID CITY; PRESCIBING A PROCEDURE FOR THE COMPLETION OF SUCH REPAIR OR REMOVAL; PROVIDING FOR A HEARING THEREON AND FOR A NOTICE THEREOF; AUTHORIZING THE CITY TO COMPLETE SUCH REMOVAL IN CERTAIN INSTANCES AND PROVIDING A PROCEDURE FOR THE FINANCING AND RECOVERING OF THE COST THEREOF; PROVIDING FOR THE IMMEDIATE REMOVAL WITHOUT PRIOR NOTICE OR HERING OF STRUCTURES WHICH CONSTITUTE AN IMMEDIATE HAZARD.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RAMONA, KANSAS:

SECTION 1. PURPOSE.  The governing body has found that there exists within the corporate limits of the city structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards of fire or accidents, structural defects or other conditions which render such structures unsafe, unsanitary or otherwise inimical to neighborhood or surrounding properties.  It is hereby deemed necessary by the governing body to require or cause the repair, closing or demolition or removal of such structures as provided in this ordinance.

SECTION 2. DEFINITIONS.  For the purpose of this ordinance, the following words and terms shall have the following meaning:

    (a) PUBLIC OFFICER means Mayor or his/her authorized representative.

    (b) STRUCTURE shall include any building, wall, superstructure or other structure, which requires location on the ground, or is attached to something having a location the ground.

SECTION 3. PUBLIC OFFICERS; DUTIES.  The public officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this ordinance, including the following:

    (a) Inspect any structure, which appears to be unsafe, dangerous or unfit for human habitation.

    (b) Have authority to 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. If entry is denied, the public officer may seek an order for this purpose from court of competent jurisdiction.

(c) Report all structures which he/she believes to be dangerous, unsafe or unfit for human habitation to the governing body;

    (d) Receive petitions as provided in this ordinance.

SECTION 4: PROCEDURE; PETITION. Whenever a petition is filed with the public officer by at least five residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the public officer on his/her own motion that any structure is dangerous, unsafe or unfit for human habilitation, he/she shall, if his/her preliminary investigation discloses a basis for such charges, report such findings to the governing body.

SECTION 5. SAME; NOTICE.  The governing body upon receiving a report as provided in Section 4, shall by ordinance fix a time and place at which the owner, the owner’s agent, any lien holders or record and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished.

SECTION 6. SAME; PUBLICATION. (a) The ordinance shall be published once each week for two consecutive weeks on the same day of each week.  At least 30 days shall elapse between the last publication and the date set for the hearing.

    (b) A copy of the ordinance shall be mailed by certified mail within three days after its first publication to each owner, agent, lien holder and occupant at the last known place of residence and shall be marked “deliver to addressee only.”

SECTION 7. SAME; HEARING, ORDER. (a) If, after notice and hearing, the governing body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in an ordinance its findings of fact in support of such determination and shall cause the ordinance to be published once in the official city newspaper and a copy mailed to the owners, agents, lien holders of record and occupants in the same manner provided for the notice of hearing.  The ordinance shall fix a reasonable time within which the repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be razed and removed.

    (b) If the repair, alteration, or improvement of the structure can be made at a cost which shall not exceed 50 percent of the fair market value of the structure, the owner of the property shall, within the time specified in the order, repair, alter or improve the structure to render it safe and fit for human use or habitation, or shall vacate and close the structure until such time as he has complied with the order.

    (c) If the repair, alteration or improvement of the structure cannot be made at a cost of 50 percent or less of its fair market value, the owner shall, within the time specified in the order, remove or demolish the structure.

SECTION 8. DUTY OF OWNER. Whenever any structure within the city shall be found to be dangerous, unsafe, or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the same secure and safe or to remove the same.

SECTION 9. SAME; FAILURE TO COMPLY. (a) If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the public officer may cause the structure to be repaired, altered, improved, or to be vacated and closed.

    (b) If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the structure, the public officer may cause the structure to be removed and demolished.

SECTION 10. SAME; MAKE SITE SAFE. Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition.  If the owner fails to take such action, the public office may proceed to make the site safe.

SECTION 11. ASSESSMENT OF COSTS. (a) The cost to the city of any repairs, alterations, improvements, vacation, removal or demolition by the public officer, including making the site safe, shall be reported to the city clerk.

    (b) The city shall give notice to the owner of the structure by registered mail of the cost of removing the structure and making the premises safe and secure. Te notice shall also state that payment of the cost is due and payable within 30 days following receipt of the notice.

    (c) If the costs remain unpaid after 30 days following receipt of notice, the city clerk may sell any salvage from the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing the structure and making the site safe. Any proceeds in excess of that required to recover the costs shall be paid to the owner of the premises upon which the structure was located.

    (d) If the proceeds of the sale of salvage is insufficient to recover the costs, or if there is no salvage, the city clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the costs to the county clerk who shall extend the same on the tax roll of the county.

SECTION 12. IMMEDIATE HAZARD. When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the public officer to erect barricades or cause the property to be vacated, taken down, repaired, shored or otherwise prior notice to or delay. Such action may be taken without prior notice to or hearing of the owners, agents, lien holders and occupants. The cost of any action under this section shall be assessed against the property as provided in Section 11.

SECTION 13. APPEALS FROM ORDER.  Any person affected by an order issued by the governing body under this ordinance may, within 30 days following service of the order, petition the District Court of the county in which the structure is located for an injunction restraining the public officer from carrying out the provisions of the order pending final disposition of the case.

SECTION 14. SCOPE OF ORDINANCE. Nothing in this ordinance shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this ordinance shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this ordinance shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise to exercise those powers granted specifically by KSA 12-1750; 1756.

SECTION 15. This Ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.

ADOPTED AND APPROVED BY THE GOVERNING BODY, THIS 9TH DAY OF JUNE, 2003.

CONNIE SMITH, MAYOR

MARVENA CHEEVER, CLERK

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