The governing body finds that junked, wrecked, dismantled, inoperative and abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:
(a) Serve 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 by their potential to block access for fire equipment to adjacent buildings and structures.
(Ord. 4071, Sec. 1)
As used in this article, unless the context clearly states 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, an automobile, truck, tractor, motorcycle or other means of conveyance which as originally built contained an engine, regardless of whether it contains an engine at any other time.
(c) “Person” shall include partnerships, corporations, and other artificial persons whose legal existence is recognized by law.
(Ord. 4155, Sec. 1)
(a) It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the City. A motor vehicle nuisance is any vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149 inclusive, as amended; or which is parked in violation of City ordinance; or which is incapable of moving under its own power; or which is in a junked, wrecked or inoperable condition. Anyone of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable:
(1) The absence of a current registration plate upon the vehicle;
(2) The placement of the vehicle or parts thereof upon jacks, blocks or other supports; or
(3) The absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the street or highway.
(b) The provisions of this section shall not apply to any of the following:
(1) Any vehicle which is enclosed in a garage or other building which fully conceals the contents thereof; or
(2) Any vehicle which is otherwise lawfully maintained upon the premises of a business enterprise in compliance with existing zoning regulations; or
(3) Any vehicle which is maintained either:
(A) behind screening, in the nature of decorative fencing or dense evergreen vegetation, which is of a permanent nature, is permanently attached to the real estate, and is of sufficient size, strength and density to screen such vehicle from the view of the public and to prohibit ready access to such vehicle by children; or
(B) within a tarp which completely covers and conceals the vehicle;
provided, however, that no more than one such vehicle may be maintained at any residential property either behind such screening or within such a tarp, and in no event may any such vehicle be maintained in a front yard area, excluding paved parking areas; or
(4) The parking or storage in a manner other than as set forth in subsections (1), (2) or (3) above of a vehicle which is inoperable for a period of 10 consecutive days or less, provided that such vehicle is not so parked or stored in an inoperable condition for more than 30 total days in any calendar year; or
(5) The temporary parking or storage, including the placing on blocks and/or the removal of the battery, of an otherwise operable motor home, camper or recreational vehicle for a period not to exceed six months, provided that no more than one such vehicle shall be so parked or stored at any residential property, and it shall not be located in the front yard area, excluding paved parking areas; or
(6) The temporary maintenance and storage during the period from June 15 through (and including) August 15 of each year of a vehicle for use in demolition derby competitions, subject to the following restrictions and regulations:
(A) This exception shall apply only to vehicles that have first been registered under the authority of the City Clerk as a demolition derby vehicle, with each permit therefor being issued upon the payment of a permit fee in the amount of $10.00;
(B) Each permit application and each permit shall contain a full identification of the vehicle, including the vehicle identification number, and shall allow the maintenance and storage of the identified vehicle only upon one specified property;
(C) No more than two such vehicles may be maintained at anyone property at any time;
(D) While any such vehicle is being maintained or stored upon the property, the permit must be conspicuously displayed in open view upon such vehicle; and
(E) The maintenance and storage of such vehicles shall be restricted to those portions of the permitted property as to which vehicles in general are permitted to be parked under the zoning regulations of the City; provided, however, that nothing herein shall be construed to authorize the maintenance of a public nuisance.
(c) The running of the time limitations set forth in subsection (b)(4) above shall not be tolled by the relocation of a vehicle to another location within the city that does not satisfy the specifications of subsections (b)(1), (b)(2) or (b)(3) above, nor shall such relocation constitute an abatement of the original motor vehicle nuisance condition which shall be regarded as continuing.
(a) The city manager shall designate a public officer to be charged with the administration and enforcement of this article.
(b) The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by two or more persons stating that a nuisance exists and describing the same and where located, or upon being informed that a nuisance may exist by the chief of police or the fire chief or upon the observation by the public officers of conditions which appear to constitute a nuisance. Upon making any inquiry and inspection, the public officer shall make a written report of findings
(c) The public officer, and the public officer’s authorized assistants, employees, contracting agents or other representatives, shall have the right of entry upon all private property within the city limits to conduct an inquiry and inspection for the purpose of determining the existence of a nuisance under this article. It shall be a violation for any person to deny such right of access and entry upon private property at any reasonable time for the purpose of making such inquiry and inspection.
(d) Any person found by the public officer to be in violation of this article due to the existence or maintenance of a vehicle nuisance shall be served a notice of such violation. The notice shall be served by restricted mail, postage prepaid, return receipt requested; provided, however, that if the owner or his or her agent in charge of the property is a resident of the city, the notice shall be personally served by the public officer or by a law enforcement officer. The notice shall identify each condition which is in violation of this article, and shall inform the person of the following:
(1) That such person shall have 10 days from the date of serving the notice to abate each condition which is in violation of this article;
(2) That such person shall have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by subsection (h) hereof;
(3) That the relocation of any specified vehicle to another location within the city that does not satisfy the specifications of sections 21-403(b) shall not serve to toll the running of any time limitations under this article, nor shall .such relocation constitute an abatement of the original motor vehicle nuisance condition specified in the notice, which violation shall be regarded a continuing notwithstanding such relocation.
(4) That failure to either abate each such condition or to request a hearing within the time allowed may result in prosecution as provided by subsection (e) hereof and/or in the abatement of any such condition by the city as provided by subsection (f) hereof.
(e) 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. Upon conviction of any violation of the provisions of this article relating to the existence or maintenance of a vehicle nuisance, such person shall be fined in an amount not to exceed $100 or be imprisoned not to exceed 30 days or be both so 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.
(f) In addition to, or as an alternative to prosecution as provided in subsection (e) hereof, the public officer may seek to remedy violations of this section in the following manner. If a person to whom a notice has been sent pursuant to subsection (b) hereof has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time period specified, 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 subsection (i) hereof. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(1) By personal service upon the person in violation;
(2) By service by restricted mail, postage prepaid, return receipt requested; or
(3) 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.
(g) Disposition of any motor vehicle removed or abated from private property pursuant to this section shall be as provided by K.S.A. 8-1102, as amended.
(h) If a hearing is requested within the 10 day period as provided in subsection (d) hereof, 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. If a hearing is timely requested, the hearing shall be held by the governing body 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. The hearing need not be conducted according to the formal rules of evidence. Upon the conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in subsection (f) hereof.
(i) If the city abates the nuisance pursuant to subsection (f) hereof, the costs of abatement shall be charged against the lot or parcel of ground on which the nuisance was located. The city clerk shall, at the time of certifying other taxes to the county clerk, certify the costs as provided herein. The county clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
(Ord. 4071, Sec. 1; Ord. 4155, Sec. 4)