Chapter 8 · Health and Welfare

Article 3. Junked Motor Vehicles on Private Property

Sections 8-301 to 8-314 · 14 sections

8-301 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 and are hereby declared a nuisance because they:

(a)Serve as a breeding ground for flies, mosquitoes, rodents and other insects;

(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 2004)

8-302 Definitions.

As used in this article, unless the context clearly indicates otherwise the definition of nuisance shall include:

(a)any passenger vehicle, automobile, trailer, camper top or shell, motor home, recreational vehicle, pickup camper, boat or other device or means of conveyance, other than a bicycle, which is:

(1)Located in the front yard of any residential or commercial property, or

(2)Located in side yard of any residential or commercial property and not kept or maintained on an all weather surface free of weeds or grass or from other debris; or

(b)any motor vehicle or other means of conveyance other than a bicycle which is:

(1)required by any applicable law to be registered and which does not have displayed thereon a current registration plate or temporary permit or placard;

(2)any motor vehicle or other means of conveyance, other than a bicycle, which is parked in violation of any ordinance of the city;

(3)any motor vehicle or other means of conveyance, other than a bicycle, which is incapable of moving under its own power; or

(4)any motor vehicle or other means of conveyance, other than a bicycle, which is junked, wrecked or inoperable. For purposes of this article, any one (1) or more of the following conditions shall raise a rebuttable presumption that any motor vehicle or other means of conveyance, other than a bicycle, upon which such condition or conditions is or are found, is junked, wrecked or inoperable:

(A)absence of display of current registration;

(B)placement of such vehicle or other means of conveyance, or parts thereof upon jacks, jack stands, blocks or other supports; or

(C)absence of one (1) or more parts of such vehicle or other means of conveyance when such part is necessary for the lawful operation upon streets, roads or highways.

(c)Exceptions. This section on nuisance automobiles shall not:

(1)be construed to prohibit lawfully zoned automotive businesses, or lawfully maintained parts cars (as defined within the City’s zoning code) kept in compliance with all applicable zoning regulations and maintained on an all weather surface;

(2)apply to any person, firm, corporation or partnership or their agent with one (1) vehicle inoperable for a period of thirty (30) consecutive days or less which is maintained in such a condition that it visually does not appear to be inoperable, is not leaking fluids, and no portions of the vehicle, such as tires, doors, or hood are missing;

(3)apply to any person, firm or corporation or their agent who is conducting a business enterprise in compliance with existing zoning regulations and who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public using adjacent thoroughfares and to prohibit ready access to such vehicles by children, provided however, that nothing in this section shall be construed to authorize the construction of any such fence or screen where such construction is prohibited by ordinance;

(4)apply to any vehicle which is enclosed in a garage or other building;

(5)apply to a single inoperable vehicle stored within an enclosed and screened area of the backyard in a manner that is tidy and inoffensive to neighbors, protected by a weather resistant automobile cover in good condition, maintained upon an all weather surface.

(Code 2004)

8-303 Nuisances unlawful; defined; exceptions.

It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.

(Code 2004)

8-304 Enforcement officer.

The enforcement officer is hereby designated with the administration and enforcement of this article.

(Code 2004)

8-305 Complaints; inquiry and inspection.

The enforcement 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 by the public works director, chief of police or the fire chief. The enforcement 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 enforcement officer shall make a written report of findings.

(Code 2004)

8-306 Right of entry.

The enforcement 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, and to affect any other purpose of this Article; provided, that except in emergency situations or when consent of the owner and/or occupant to the inspection has been otherwise obtained, inspection may be made only upon issuance of a search warrant by a duly authorized magistrate. In the event the owner and/or occupant refuses entry after such request has been made, the official is empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Code 2004; Ord. 719)

8-307 Order of violation.

The Order of Violation shall be issued in accordance with the provisions of 8-205.

(K.S.A. 12-1617e Code 2004)

8-308 Same, contents.

The order shall conform to the provisions of 8-206.

(Code 2004)

8-309 Failure to comply; penalty.

Should the person fail to comply with the notice to abate the nuisance or request a hearing, the enforcement officer may file a complaint in the municipal court of the city against such person and upon conviction of any violation 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 2004)

8-310 Abatement.

In addition to, or as an alternative to prosecution as provided in section 8-309, the enforcement 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 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 8-309, the enforcement officer may present a resolution to the governing body for adoption authorizing the public works director or other agents of the city to abate the conditions causing the violation at the end of 10 days after passage of the resolution in conformance with the provisions of 8-208.

(Code 2004)

8-311 Disposition of vehicle; recovery of vehicle.

(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.

(Code 2004)

8-312 Hearing.

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 City Clerk pursuant to the provisions of 8-209.

(Code 2004)

8-313 Costs assessed.

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, or by any other lawful means but only until the full cost and applicable interest has been paid in full.

(Code 2004)

8-314 Additional provisions.

The requirements and authority set forth in 8-211 through 8-214 shall apply to this Article as if fully set forth herein.