CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 4. JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY

The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:

(a)   Serves as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

(b)   Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;

(c)   Are a ready source of fire and explosion;

(d)   Encourage pilfering and theft;

(e)   Constitute a blighting influence upon the area in which they are located;

(f)   Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.

(Code 2007)

As used in this article, unless the context clearly indicates otherwise:

(a)   Inoperable -  means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;

(b)   Vehicle - means, without limitation, any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(Code 2004)

It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.

(a)   A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or parked in violation of city ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition.  Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable;

(1)   Absence of a current registration plate upon the vehicle;

(2)   Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;

(3)   Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

(4)   To any person, firm or corporation, either as principal agent or employee actually engaged in the activity or enterprise of motor vehicle repair or restoration in compliance with existing zoning regulations, may temporarily park up to ten (10) vehicles at a properly licensed business, described in Chapter 5, Article 1 of this code.  All vehicles must be awaiting repair or restoration.  Vehicles awaiting repair in excess of ten (10) must be stored in compliance with Chapter 5, Article 8 of this code.  However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.  Vehicles parked or stored for more than 30 days in residential zoning and in public view must maintain 30 foot setbacks from all property lines, provided no more than 2 vehicles may be parked or stored.  Parked or stored vehicles in excess of 2, but not more than 5 shall purchase city permits yearly and promptly display such permit on each vehicle.  If the number of parked vehicles excess 2, all vehicles must display current city permits.  There will be a $50.00 annual fee for each such parked or stored vehicle.

(b)   The provisions of this article shall not apply to:

(1)   Any motor vehicle which is enclosed in a garage or other building;

(2)   To the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or

(3)   To any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children.  However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance.

(Code 2007)

The mayor with the consent of the council shall designate a public officer to be charged with the administration and enforcement of this article.

(Code 2007)

Whenever a written complaint is made to the council or a duly authorized officer or notice is given to such officer of the existence of an apparent violation of this article, he or she shall within seven days thereafter cause to be served upon the person in possession of the real property upon which such inoperable vehicle is located or the owner of the real property upon which such inoperable vehicle is located a written notice by certified mail, personal service, or residential service.  Personal service shall be made by delivering or offering to deliver a copy of the notice to the person to be served.  Residential service shall be made by leaving a copy of the notice at the dwelling house or usual place of abode of the person to be served with some person of suitable age and discretion residing therein.  If service cannot be made upon a person by personal or residential service, service may be made by leaving a copy of the notice at the person’s dwelling house or usual place of abode and mailing a notice that such copy has been left at such house or place of abode to the person by first class mail.  The notice shall inform such person of the violation and direct that he or she take action within ten (10) days of the date of the notice to comply with the provisions of this article or prosecution will be commenced for violation thereof. In the event such person fails to comply with the provisions of this article within such time, the council or the duly authorized officer shall notify the city attorney who shall commence prosecution under this article.  Failure of any person to receive notice under this section shall not be a defense in any prosecution hereunder.

(Ord. 883, Sec. 1; Code 2007)

The public officer has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.

(Code 2007)

(a)   The governing body shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation of section 8-403 an order stating the violation.  The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service.  If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner. 

(b)   If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail.  If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(K.S.A. 12-1617e; Code 2007)

The order shall state the condition(s) which is (are) in violation of section 8-403.  The notice shall also inform the person, corporation, partnership or association that

(a)   He, she or they shall have 10 days from the date of serving the order to abate the condition(s) in violation of section 8-403; or

(b)   He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body or its designated representative of the matter as provided by section 8-412;

(c)   Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-409 and/or abatement of the condition(s) by the city as provided by section 8-410.

(Code 2007)

Should the person fail to comply with the notice to abate the nuisance or request a hearing, the public 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 8-403, be fined in an amount not less than $250.00 but not to exceed $1,000.00, or be imprisoned not to exceed 30 days, or to be both fined and imprisoned, and assessed court costs. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Code 2007; Ord. 996)

In addition to, or as an alternative to prosecution as provided in section 8-409, the public officer may seek to remedy violations of this article in the following manner.  If a person to whom an order has been sent pursuant to section 8-407 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in section 8-408, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution.

The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in section 8-413.  A copy of the resolution shall be served upon the person in violation in one of the following ways:

(a)   Personal service upon the person in violation;

(b)   Service by certified mail, return receipt requested; or

(c)   In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.

(d)   If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24 month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail.  If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail

(Code 2007)

Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be as provided by K.S.A. Supp. 8-1102, as amended.

(Code 2007)

If a hearing is requested within the 10 day period as provided in section 8-408, such request shall be made in writing to the governing body.  Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the public officer.  The hearing shall be held by the governing body or its designated representative as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof.  At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative.  The hearing need not be conducted according to the formal rules of evidence.  Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the matter provided in section 8-410.

(Code 2007)

If the city abates or removes the nuisance pursuant to section 8-410, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city.  The notice shall also state that the payment is due within 30 days following receipt of the notice.  The city also may recover the cost of providing notice, including any postage, required by this section.  The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.  The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.

(Code 2007)