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.
(Ord. 805; Code 2012)
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, boat, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.
(Code 2023)
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 and 8-197 and 8-198, 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 unless the vehicle is registered with a non-highway certificate of title and is used for off road functions;
(2) Placement of the vehicle or parts thereof upon jacks, blocks, or other supports unless the vehicle is a registered non-highway vehicle and is operable and is blocked and supported solely to preserve equipment, including tires;
(3) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway; except those vehicles which have registered with a non-highway certificate of title and have had parts removed for their operation in off road or sporting events.
(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.
(Ord. 805; Code 2012)
The mayor shall designate a public officer to be charged with the administration and enforcement of this article.
(Ord. 805; Code 2012)
The enforcing officer shall make inquiry and conduct inspections of property or premises:
(a) upon receiving a written complaint or complaints signed by an individual stating that a nuisance exists and describing the same and its location;
(b) upon receiving information that a nuisance may exist from any governmental entity, officer or employee; or
(c) when it appears to the enforcing officer that conditions constituting a nuisance exist.
The enforcing officer shall, upon making inspection and inquiry, make immediate written report of such officer’s findings in compliance with departmental policy and this code
(Code 2023)
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.
(Ord. 805; Code 2012)
(a) The enforcing officer shall provide written notice to the owner or lawful agent in charge of any premises in the city upon which a nuisance condition exists in violation of this article. If the property is occupied by a non-owner, such occupant shall also receive notice of the violation. Such notice shall be served upon such owner, occupant or agent in charge by certified mail, return receipt requested, or by personal service, door hangers, conspicuously posting notice of such order on the property, personal notification, communication by telephone, 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, and shall include the following information:
(1) Specific notice in the form of an administrative order that the property is being maintained in violation of this article.
(2) An administrative order directing the owner or lawful agent in charge of the property to abate the nuisance condition within five (10) days of the date of the notice, such compliance date to be stated on the face of the notice.
(3) Notice within the administrative order that the owner, or lawful agent of the owner may appeal the notice by requesting, before the compliance date in a written notice of appeal directed to the city clerk, an administrative hearing as provided for within this Article. A lawful agent may be identified by a valid power of attorney, or other similar legal designation. If the described nuisance has been determined by the compliance officer to represent a menace or immediate danger to the community, such nuisance condition shall be made safe pending the outcome of the administrative hearing. The Code Enforcement Officer shall either approve the temporary safety measures undertaken by the property owner, occupant, or agent in charge, or shall cause the nuisance condition to be made safe.
(4) Notice within the administrative order that if the nuisance condition is not corrected, the city may proceed to abate such nuisance condition and assess the cost of the abatement, including any reasonable administrative fee as provided within K.S.A. 12-1617e(d) and K.S.A. 12-1,115.
(5) Notice within the administrative order that an opportunity will be provided for payment of the assessment and, if the assessment is not paid, the city shall cause an amount equal to such assessment to be assessed against the property as a special assessment.
(6) Notice within the administrative order that no further notice shall be given prior to removal of a nuisance condition upon such property after the five (10) day period provided herein. And,
(7) Notice within the administrative order that the enforcing officer should be contacted immediately if there are any questions regarding compliance with the administrative order.
(b) The owner, occupant, or agent in charge of the property shall provide proof to the enforcement officer of the completion of the abatement of the nuisances described within the notice provided pursuant to subsection (a).
(c) Additionally, the City, through law enforcement and its appointed agents, may choose to notify the owner of the abandoned/inoperable vehicle located on public right of way or publicly owned property that the vehicle will be impounded at the end of seventy-two (72) hours at the expense of the rightful owner. Such notice shall be conspicuously posted upon the abandoned/inoperable vehicle and delivered to the last known address of the rightful owner.
(Code 2023)
(a) In addition to, or in lieu of the administrative process described within 8-307, the enforcing officer is hereby authorized to issue to the owner, occupant or agent in charge of the property a uniform complaint and notice to appear in municipal court charging a violation of the applicable section of this article. Should such owner, occupant or agent in charge of such property contest the charge, the city shall not be precluded from otherwise abating the nuisance created thereby during the pendency of the case through administrative or civil action.
(b) Any person found guilty, or entering a plea of guilty or nolo contendere to violating any section of this article shall be guilty of a misdemeanor. Each day that any violation of this article continues shall constitute a separate offense and is punishable under this chapter as a separate violation.
(c) Any person convicted pursuant to this article shall also be assessed court costs and upon conviction of any violation of provisions of section 8-303, be fined in accordance with the fine schedule authorized by K.S.A. 12-4305 in an amount not to exceed $500 and not less than $50 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.
(d). In addition to any fines, costs and cleanup fees; any owner who fails to comply with the order of the public officer shall have assessed against him or her an administrative fee of $100, for each order issued.
(Code 2023)
In addition to, or as an alternative to prosecution as provided in section 8-308, 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 8-307 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in section 8-308, 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 8-313. 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 twenty-four 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.
(Ord. 805; Code 2012)
(a) 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.
(b) Any person attempting to recover a motor vehicle impounded as provided in this article, shall show proof of valid registration and ownership of the motor vehicle before the motor vehicle shall be released. In addition, the person desiring the release of the motor vehicle shall pay all reasonable costs associated with the impoundment of the motor vehicle, including transportation and storage fees, prior to the release of the motor vehicle.
(Ord. 805; Code 2012)
(a) 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 public officer. 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 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 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 8-309.
(b) The governing body may appoint a hearing officer for the purpose of conducting the hearing under this section. In that event, all references to governing body in this section shall mean the hearing officer.
(Ord. 805; Code 2012)
If the city abates or removes the nuisance pursuant to section 8-309, 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.
(Ord. 805; Code 2012)
It shall be unlawful for any person to interfere or attempt to interfere with, or to prevent or attempt to prevent, the enforcing officer and/or the service agent, or any contractor authorized by the City to abate such nuisance, from entering upon any property, or from proceeding with abating any nuisance described in 8-303, or from accomplishing any other lawful purpose of this article. Any person violating this section shall be guilty of a misdemeanor and shall be subject to such fines and penalties as provided for in section 8-308.
(Code 2023)