Chapter 1: Administrative Procedures
Harper County, KS
Chapter 1: Administrative Procedures
Section 1-1.0 Authority and Policy
1-1.1 Legal Authority. This code is adopted under the authority granted to the Harper Board of County Commissioners by K.S.A. 19-3701 through 19-3708 as amended.
1-1.2 Declaration of Finding and Policy. The county commissioners find the provisions of adequate and reasonable control over the environment conditions in unincorporated areas of the county is necessary and desirable; and the adoption of a sanitary code to: (1) eliminate and prevent the development of environmental conditions that are hazardous to health and safety, and (2) promote the economical and orderly development of the land and water resource of the county.
For these reasons and objectives, it will be the policy of the Board of County Commissioners of Harper County to amend the sanitary code from time to time to provide for regulation of additional various practices that affect environmental sanitation and safety.
1-1.3 Purpose. The purpose and intent of the code is: (1) to prescribe the administrative procedures to be followed in administering this sanitary code or any amendments thereto; (2) to prescribe rules and regulations for controlling practices to minimize health and safety hazards, and control those environmental conditions that adversely affect the health and safety of the citizens of Harper County; (3) administrative procedures are also established to facilitate fair and equitable regulation with recognition of the rights of affected persons to receive reasonably prompt processing and to appeal administrative decisions.
1-1.4 Title. This code shall be known and referred to as the Harper County Sanitary Code.
1-1.5 Applicability. The administrative procedures prescribed in this chapter shall be followed in administering this code and any amendments thereto.
1-1.6 Effective Date. This code shall become effective on and after its adoption by county resolution.
Section 1-2.0 Definitions. The following words and phrases when used in this sanitary code shall have the meanings ascribed to them in this section, unless indicated otherwise.
1-2.1 Administrative Rules: means those rules and regulations contained in Chapter One of this sanitary code which prescribe general procedures to be followed in the administration of the sanitary code adopted by Harper County.
1-2.2 Sanitary Code: means procedures, standards, and regulations adopted by county designed to minimize or control those environmental conditions that may adversely affect the health and well being of the public. Such environments and environmental conditions may include, but are not restricted to: (1) waste water, (2) wastewater disposal, (3) water supply, (4) food, and (5) food handling.
1-2.3 Administrative Agency: means the Harper County Health Department.
1-2.4 Health Officer: means the legally appointed Health Officer of Harper County or his/her authorized representative.
1-2.5 Board of Health: means the Harper County Board of Health.
1-2.6 Authorized Representative: means any employee of the Health Department who is designated by the Health Officer to administer this sanitary code.
1-2.7 Hearing Officer: means any person designated by the Board of Health to hear appeals from decisions of the health officer relating to the enforcement and administration of this code and other sanitary codes.
1-2.8 Person: means municipality, political subdivision, institution, corporation, partnership, association, or individual.
1-2.9 Premise: means any lot or tract of land and all buildings, structures, or facilities located thereon.
1-2.10 Agricultural Purposes: means growing cops or pasture and functions related thereto and the feeding of livestock by the resident on the land.
1-2.11 Board of County Commissioners: mean the Board of County Commissioners of Harper County, Kansas.
Section 1-3.0 Administrative Powers and Procedures
1-3.1 Right of Entry. Representatives of the administrative agency shall have the right to enter, inspect, and /or survey at any reasonable time as they deem necessary, wastewater systems and other items included in the sanitary code and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted.
1-3.2 Obstruction of Administrative Agency. No person shall willfully and unlawfully impede or obstruct representatives of the administrative agency in their discharge of official duties under provision of this sanitary code or administrative code adopted by the county.
1-3.3 Permit and License.
1-3.31 Applications for Permit and License. Each person require by a sanitary code to obtain a permit or license shall make application for such permit or license to the County Health Department on standard forms provided by the administrative agency for that purpose.
1-3.32 Issuance of Permit or License. Within 10 working days after receipt of an application for a permit or license required by this code, or any sanitary code, the health officer shall begin such investigations and inspects as he/she deems necessary to determine whether the permit or license should be issued or denied and shall issue or deny the permit or license after review and inspections are completed within 30 days. If the permit or license is denied, the health officer shall send the applicant a written notice and state his/her reasons for rejection.
1-3.33 Permit Non-transferable. No permit or license required by this sanitary code shall be transferable, nor shall any fees required and paid therefore be refundable.
1-3.34 Construction Permit Posted. When any work is being done, for which a constructions permit is required by this sanitary code, the construction permit shall be posted on the property involved, in a conspicuous manner within 40 feet of the nearest road or street and shall remain posted until replaced with a certificate of final inspection, which shall remain in place until the property is occupied.
1-3.35 Standard Fees. For the purpose of defraying all or part of the cost of administration of a sanitary code, the Board of County Commissioners shall establish a schedule of fees for all permits and licenses required by the code, and said fees shall be paid into the County Health Department, and the receipt issued therefore, a copy which shall be attached to the application for such permit or license. The health officer shall not process any application for a permit or license until the require fee has been paid.
1-3.36 Receipt for Fees. The County Health Department shall issue duplicate receipts for payment of all fees required by a sanitary code and the money received there from shall be kept in a separate account and used solely for administration of this sanitary code.
1-3.4 Notices, Orders, Appeals.
1-3.41 Notice of Violations. Whenever the health officer determines that there has been, or is likely to be, a violation of any provisions of the County Sanitary Code, he/she shall give notice of such alleged violation to the person responsible therefore. The notice shall be: (1) in writing; (2) include a statement of why the notice is being issued; (3) allow a reasonable period of time for performance of any work required by the notice; and (4) be properly severed upon the owner or his/her agent, when a copy thereof has been sent by registered mail to the last known address of the owner or agent listed on the latest County Treasurer Tax Roles.
1-3.42 Appeal for Hearing. Any person aggrieved by any notice or order issued by the health officer under the provisions of the Sanitary Code or any other code may request and shall be granted a hearing on the matter before the such person shall file with the health officer within (10) days after the date of issuance of the notice or order, a written petition requesting a hearing and setting forth the grounds upon which the request is made. The filing of the request for a hearing shall operate as a stay of the notice or order. Upon receipt of such petition, the health officer shall confer with the hearing officer and set a time and place for such hearing, and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to show why such notice or order should be modified or withdrawn. The hearing shall be commenced not later than (10) working days after the date on which the petition was filed; provided that upon request of the petitioner the health officer may postpone the day of the hearing for a reasonable time beyond such (10) day period, when in his/her judgment the petitioner has submitted good and sufficient reasons for such postponement.
1-3.43 Report of Hearing. Within (10) working days after such a hearing, the hearing officer shall submit a written report of this/her findings to the Board of County Commissioners with a recommendation that the board issue an order sustaining, modifying or withdrawing the notice or order of the health officer.
Upon receipt of the report of the hearing officer, the Board of County Commissioners shall consider the report and issue an order confirming, modifying or withdrawing the notices or order of the health officer and shall notify the appellant in the same manner as is provided for in Sec. 1- 3.41.
1-3.44 Emergency Orders. Whenever the health officer finds that an emergency exists which requires immediate action to protect the public health, he/she may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as he/she deem necessary to meet the emergency, including the suspension of the permit. Notwithstanding any other provisions of this ordinance, such order shall be effective immediately, Any person to whom such an order is directed, shall be afforded a hearing before the hearing officer as soon as possible, but not more than (10) working days after the emergency order issued.
1-3.51 Permit Applications. Official Actions. A written record of all official actions taken on applications for permits and licenses required by this Sanitary Code shall be kept on file in the health department.
1-3.52 Official Actions. A written record of all official actions taken on applications for permits and licenses required by this Sanitary Code shall be kept on file in the health department.
1-3.53 Record of Hearings. The proceedings of all hearings, including findings and decisions of the hearing officer, together with a copy of every notice and order related thereto shall be filed with the administrative office. The record of proceedings of hearings need not be transcribed unless a judicial review of the decision is sought.
1-3.6 Enforcement Procedures. The county attorney shall enforce the provisions of this code and other sanitary codes adopted by the county under provisions of K.S.A. 19-101d, 101e, 100f and other applicable law.
1-3.7 Disclaimer of Liability. The code and other sanitary codes adopted shall not be construed or interpreted as imposing upon the county or its officials or its employees: (1) any liability or responsibility for damages to any property or (2) any warranty that any system, installation, or portion thereof, that is constructed or repaired under permits and inspections required by code, will function properly.
1-3.8 Severability. If any section, subsection, paragraph, sentence, clause or phrase of this code should be declared invalid for any reason whatsoever; such decision shall not effect the remaining portion, which shall remain in full effect; and to this end the provisions of this code are hereby declared to be severable and shall be presumed to have been adopted knowing that the part or section declared invalid would be so declared.
1-3.9 Penalties. In addition to, and independently of the enforcement procedures in Section 1-3.6 herein, any violation of any provision of a sanitary code shall be deemed to be an unclassified misdemeanor and punishable by a fine not to exceed $200 for each offense. Each day's violation shall constitute a separate offense.