Chapter 8 · Health and Welfare

Article 3. Junked Vehicles on Private Property

Sections 8-301 to 8-312 · 12 sections

8-301 Findings of governing body.

This governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles and trailers 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 because they frequently block access for fire equipment to adjacent buildings and structures.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-302 Definitions.

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)Trailer — means an unpowered vehicle towed behind another vehicle and used to transport things.

(c)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.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-303 Nuisances unlawful; defined; exceptions.

It shall be unlawful for any person to maintain or permit any motor vehicle or trailer 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)a trailer nuisance is any trailer which is not currently registered or tagged pursuant to K.S.A. 8-1479, as amended; or parked in violation of city ordinance; or incapable of being towed safely by another vehicle, or in a junked wrecked or inoperable condition. Any one of the conditions listed in 8-303(a) shall raise the presumption that the trailer is junked, wrecked or inoperable.

(c)The provisions of this section 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) any person 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. 95-608, Sec. 1; Ord. 21-10)

8-304 Public officer.

The city administrator or his or her designee is hereby designated to be the public officer charged with the administration and enforcement of this article.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-305 Complaints; inquiry and inspection.

Upon observing conditions which appear to constitute a nuisance, the public officer may make an inquiry and inspection. The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints stating that a nuisance exists and describing the same and where located or is informed that a nuisance may exist. Upon making any inquiry and inspection the public officer shall make a written report of findings.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-306 Right of entry.

It shall be a violation of this article to deny the public officer the right of access and entry upon private property at any reasonable time for purpose of making inquiry and inspection to determine if a nuisance exists.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-307 Notice.

Any person, corporation, partnership or association found by the public officer to be in violation of Section 8-303 shall be served a notice of such violation. The notice shall be served by first class mail and may be personally served or posted by the public officer, his or her designee, or a law enforcement officer.

(Ord. 95-608, Sec. 1; Code 2002; Ord. 21-10)

8-308 Same; contents.

The notice shall state the condition(s) which is (are) in violation of Section 8-303. This 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 notice to abate the condition(s) in violation of 8-303; or

(b)Failure to abate the condition(s) within 10 days from the date of servicing the notice to abate the condition(s) may result in prosecution as provided by Section 8-309 and/or abatement of the condition(s) by the city as provided by Section 8-310.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-309 Failure to comply; penalty.

Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance the public officer may file a complaint in the municipal court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of Section 8-303 be fined a minimum of $100.00 or be imprisoned up to 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.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-310 Abatement; hearing.

In addition to, or as an alternative to prosecution as provided in Section 8-309, the public officer may seek to remedy violations of this article in the following manner. If a person to whom a notice has been sent pursuant to Section 8-307 has not alleviated the condition(s) causing the alleged violation, 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 condition(s) causing the violation. 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 8-312. Before consideration of the resolution by the governing body, 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.

The person served as stated herein may request a hearing before the governing body to show cause why the resolution should not be passed and the violation should not be abated. Such request for hearing shall be made in writing to the governing body within 10 days from service of the resolution to be considered by the governing body. Failure to make a timely request for hearing shall constitute a waiver of the person’s right to contest the resolution and/or the abatement proceedings by 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 bearing the person may be represented by council, and the person and the city may introduce such witnesses and evidence as if deemed necessary and proper by the governing body. The hearing need not be conducted in accordance with the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting the proposed resolution or dismissing the matter.

(Ord. 95-608, Sec. 1; Code 2002; Ord. 21-10)

8-311 Disposition of vehicle.

Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be provided by K.S.A. 1994 Supp. 8-1102, as amended.

(Ord. 95-608, Sec. 1; Ord. 21-10)

8-312 Costs assessed.

If the city abates the nuisance pursuant to Section 8-310, the cost 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 in this section. 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. 95- 608, Sec. 1; Ord. 21-10)