Chapter XI · Health

ARTICLE 8. JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY

Sections 11-801 to 11-813 · 13 sections

11-801 Findings of governing body.

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)Service 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 1998; Ord. 5196-26)

11-802 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)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 1998; Ord. 5196-26)

11-803 Nuisances unlawful; defined; exceptions.

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. Anyone 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 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)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 1998; Ord. 5196-26)

11-804 Public officer.

The city manager shall designate a public officer to be charged with the administration and enforcement of this article.

(Code 1998; Ord. 5196-26)

11-805 Complaints; inquiry and inspection.

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 is informed that a nuisance may exist by the board of health, chief of police or the fire chief. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings.

(Code 1998; Ord. 5196-26)

11-806 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 the purpose of making inquiry and inspection to determine if a nuisance exists.

(Code 1998; Ord. 5196-26)

11-807 Notice.

Any person found by the public officer to be in violation of section 11-803 shall be served a notice of such violation. The notice shall be served by restricted mail, postage prepaid, return receipt requested; provided, that if the owner or his or her agent in charge of the property is a resident of Harvey County, Kansas, the notice shall be personally served by the public officer or a law enforcement officer.

(Code 1998; Ord. 5196-26)

11-808 Same; contents.

The notice shall state the condition(s) which is (are) in violation of section 11-803. The notice shall also inform the person that:

(a)He, she or they shall have 10 days from the date of serving the entice to abate the condition(s) in violation of section 11-803; 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 11-812;

(c)Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 11-809 and/or abatement of the condition(s) by the city as provided by section 11-810.

(Code 1998; Ord. 5196-26)

11-809 Failure to comply; penalty.

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 11-803, may be imprisoned not to exceed 30 days or be both fined and imprisoned as follows:

(a)Upon the first conviction, a fine of not less than $250 or more than $1,000.

(b)Upon a second conviction, a fine of not less than $500 or more than $1,000.

(c)Upon a third or subsequent conviction, a fine of $1,000.

(d)For the purposes of determining whether a conviction is a first or subsequent conviction in sentencing under this section:

(1)Conviction includes being convicted of a prior violation of Chapter XI.

(2)Any convictions occurring during the five years prior to the date of the occurrence shall be considered when determining the fine to be imposed.

(e)Each day that any violation of this article continues shall constitute a separate offense and be punishable herein as a separate violation.

(Code 1998; Ord. 5196-26)

11-810 Abatement.

In addition to, or as an alternative to prosecution as provided in section 11-809, 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 11-807 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in section 11-808, 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 11-813. 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 restricted mail, postage prepaid, 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.

(Code 1998; Ord. 5196-26)

11-811 Disposition of vehicle.

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 1998; Ord. 5196-26)

11-812 Hearing.

If a hearing is requested within the 10 day period as provided in section 11-808, 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 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 11-810.

(Code 1998; Ord. 5196-26)

11-813 Costs assessed.

If the city abates the nuisance pursuant to section 11-810, 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.

(Code 1998; Ord. 5196-26)