[Code 1997; CC 2000 §8-401; Ord. No. 1437 §1, 5-18-2016]
A.
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:
1.
Serve as a breeding ground for flies, mosquitoes, rats and other
insects and rodents;
2.
Are a danger to persons, particularly children, because of broken
glass, sharp metal protrusions, insecure mounting on blocks, jacks
or other supports;
3.
Are a ready source of fire and explosion;
4.
Encourage pilfering and theft;
5.
Constitute a blighting influence upon the area in which they
are located;
6.
Constitute a fire hazard because they frequently block access
for fire equipment to adjacent buildings and structures.
[Code 1997; CC 2000 § 8-402; Ord.
No. 1437 §1, 5-18-2016]
It shall be unlawful for any person to maintain or permit any
motor vehicle nuisance within the City which is visible from a public
street or adjacent private property.
[Code 1997; CC 2000 § 8-403; Ord.
No. 1437 §1, 5-18-2016]
As used in this Article, the following terms shall have the
meanings indicated:
Any automobile, van, truck, all-terrain vehicle, motorcycle,
moped, motor scooter, farm machinery, construction equipment, bicycle,
or other device designed to carry any cargo, operator, or passenger,
and may be powered by an engine or pulled or pushed by any device
or person.
Any of the following:
A vehicle in the 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.
Any vehicle which has been placed on jacks, blocks or a stand.
A vehicle which is not currently registered and tagged pursuant
to K.S.A. §§ 8-126 to 8-149 inclusive, as amended.
Parked in violation of any City ordinance.
A vehicle incapable of moving under its own power.
A vehicle missing any parts necessary for the lawful operation
of the vehicle upon a street or highway.
Any vehicle which has not moved within fourteen (14) days.
Any vehicle that is parked or stored in a residential zoning
district so that it is visible from a public street or adjacent private
property and the license plate is screened from view by a cover, tarp,
vegetation, or adjacent structure.
[Code 1997; CC 2000 §8-404; Ord. No. 1437 §1, 5-18-2016]
The City Administrator shall designate a public officer to be
charged with the administration and enforcement of this Article.
[Code 1997; CC 2000 §8-406; Ord. No. 1437 §1, 5-18-2016]
Absent emergency circumstances, whenever necessary to make inspection
to enforce any of the provisions of this Article, the Public Officer
or his or her authorized representatives may enter such premises at
all reasonable times to inspect the same or to perform any duty imposed
by this Article, provided that such entry is pursuant to the law,
and further provided that if such premises be occupied, the Public
Officer shall first present credentials and request entry; and if
entry is denied, the Public Officer shall have the authority to seek
lawful entry pursuant to an administrative search warrant from the
municipal judge or other lawful means.
[Code 1997; CC 2000 §8-407; Ord. No.
1101 §1, 12-10-2003; Ord. No. 1437 §1, 5-18-2016]
Any person found by the Public Officer to be in violation of Section 220.210 shall be served a notice of such violation. The notice shall be served either by certified mail, postage prepaid, return receipt requested or personally served by the Public Officer or a law enforcement officer.
[Code 1997; CC 2000 §8-408; Ord. No.
1437 §1, 5-18-2016]
A.
The notice shall state the condition(s) which is (are) in violation of Section 220.210. The notice shall also inform the person that:
1.
He/she or they shall have ten (10) days from the date of serving the notice to abate the condition(s) in violation of Section 220.210; or
[Code 1997; CC 2000 §8-409; Ord. No.
1437 §1, 5-18-2016]
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 220.210, be fined in an amount not to exceed one hundred dollars ($100.00) or be imprisoned not to exceed thirty (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 1997; CC 2000 §8-410; Ord. No.
1437 §1, 5-18-2016]
A.
In addition to or as an alternative to prosecution as provided in Section 220.270, the Public Officer may seek to remedy violations of the Article in the following manner. If a person to whom a notice has been sent pursuant to Section 220.240 has neither alleviated the conditions causing the alleged violation or requested a hearing before the Governing Body within the time period specified in Section 220.260, the Public Officer may remove and abate the violation of this Chapter by reasonable means and assess the costs of removal, including reasonable administrative costs, against the property on which the violation was located.
B.
When
in the opinion of the public officer a vehicle nuisance exists in
such a condition as to require immediate action to protect the public,
such officer may erect barricades or cause the vehicle to be taken
down or otherwise made safe without delay and such action may, under
such circumstance, be taken without prior notice to or hearing of
the owners, agents, or lienholders. The costs of any such action shall
be assessed, including reasonable administrative costs, against the
property on which the violation was located.
C.
The
Public Officer or his/her authorized agent shall give notice to the
owner, occupant or agent in charge of the premises by first class
mail of the costs of the abated violation(s). The notice shall State
that payment of the costs is due and payable within thirty (30) days
following issuance of the notice.
D.
If the costs of the abatement of the nuisance as defined by Section 220.210 remain unpaid after thirty (30) days following issuance of the notice, a record of the costs of abatement shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such violation(s) were so removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spreading on the tax rolls of the County.
[Code 1997; CC 2000 §8-411; Ord. No.
1437 §1, 5-18-2016]
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 1997; CC 2000 §8-412; Ord. No.
1437 §1, 5-18-2016]
If a hearing is requested within the ten-day period as provided in Section 220.250, 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 before the Governing Body. The hearing shall be held by the Governing Body as soon as possible after the filing of the request therefor and the person shall be advised by the City of the time and place of the hearing at least five (5) 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 manner provided in Section 220.250.
