CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 3. 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 2003)

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 2003)

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.

(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 2003)

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

(Code 2003)

The enforcing officer may inspect any premises upon receiving a complaint in writing or as observed in person that a nuisance exists or when advised by the police department or fire department of a nuisance. Upon making any inquiry and inspection the enforcing officer shall make a written report of findings.

(Ord. 605; Code 2017)

The enforcing 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 2003)

(a)   The enforcing officer shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found to be in violation of section 8-301 an order stating the violation. The order must also state that if the stated violation is not abated within 10 days, (or as otherwise stated), of the date the order is received by the owner or owner’s agent, the City may take whatever action is necessary to abate 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, the order shall be sent by certified mail, return receipt requested, to the last known address of the owner.

(b)   If the owner or 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 twenty-four month period, the enforcing officer 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. A notice or order sent pursuant to this section by first class mail is deemed received by the owner upon placement in the 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 2003; Ord. 605; Code 2017)

The order shall state the condition(s) which is (are) in violation of section 8-303. 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 8-301; or

(b)   He, she or they have 10 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by section 8-309;

(c)   Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-307 and/or abatement of the condition(s) by the city as provided by section 8-310.

(Code 2003)

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 8-303, be fined in an amount not to exceed $100 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.

(Code 2003)

In addition to, or as an alternative to prosecution as provided in section 8-309, the enforcing officer may, after the time period set forth in section 8-307 has expired, proceed to abate the violation in a timely manner without further notice. All cost incurred by the city shall be charged against the lot or parcel of ground on which the violation existed.

(Ord. 605; Code 2017)

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 2003)

If a hearing is requested within the 10 day period as provided in section 8-308, 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 enforcing officer before the governing body. 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 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 section 8-310.

(Code 2003)

If the city abates or removes the nuisance pursuant to section 8-310, 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 2003)