Chapter 8 · Health and Welfare

Article 2. Inoperable and Abandoned Vehicles on Public and Private Property

Sections 8-201 to 8-214 · 14 sections

8-201 Findings of governing body.

The governing body finds that junked, wrecked, dismantled, inoperable and/or abandoned vehicles 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 vermin;

(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. 896)

8-202 Definitions.

As used herein, unless the context clearly indicates otherwise:

(a)Abandoned — means left unattended on public right-of-way or other public property for at least 72 hours, or left on private property without the express or implied permission of the owner.

(b)Inoperable — means a condition of being junked, wrecked, wholly or partially dismantled, or unable to perform the function for which it was originally constructed. Absence of a current registration plate upon the vehicle, placement of the vehicle or parts thereof upon jacks, blocks or other supports, or absence of one or more parts of the vehicle necessary for its lawful operation, shall raise the presumption that a vehicle is inoperable.

(c)Unattended — means unoccupied and not owned by a property owner and/or resident of the area where the vehicle is parked.

(d)Vehicle — means, without limitation, any automobile, truck, tractor, or motorcycle which is originally built containing an engine, regardless of whether it contains an engine at any other time.

(Ord. 896)

8-203 Unlawful storage.

No person shall:

(a)Maintain, keep, or permit any inoperable vehicle within the City, except that this provision shall not apply to:

(1) Any motor vehicle which is enclosed in a garage or other building; or

(2) The parking or storage of a vehicle inoperable for a period of 30 consecutive days, or less; or

(3) Any person who places not more than three inoperable 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 paragraph shall be construed to authorize the maintenance of a public nuisance; or

(4) Any person conducting a business enterprise in compliance with existing zoning regulations, except that such person shall keep any inoperable vehicle(s) within a building or garage which may be secured during non-business hours, or within a fenced enclosure of sufficient size and strength to prohibit ready access to such vehicle(s) by children and which may be secured during non-business hours. Nothing in this paragraph shall be construed to authorize the maintenance of a public nuisance or a junkyard; or

(5) One inoperable vehicle stored outside provided that it is covered with a suitable car cover that is not ripped, torn or tattered and provided that the vehicle is parked in the side or back of the property; or

(b)Abandon a vehicle.

(Ord. 896)

8-204 Enforcement.

The Governing Body shall designate public officers responsible for the enforcement of this article as it relates to abandoned or inoperable vehicles on private or public property.

(Ord. 896)

8-205 Inoperable vehicles; inquiry and inspection.

(a)The public officer shall make inquiry and inspection of private premises upon receiving a complaint that an inoperable vehicle nuisance exists and describing the same and where located. The public officer may also make inquiry and inspection when he or she observes that a vehicle appears to be inoperable but only if the officer can observe the vehicle from a public location. The public officer shall have 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 vehicle nuisance exists. Upon making any inquiry and inspection, the public officer shall make a written report of his or her findings to the governing body of the City.

(b)The public officer shall ascertain whether an inoperable vehicle observed on public right-of-way or other public property is unattended and shall make a written report of findings to the governing body of the City. If the vehicle is unattended, it shall be considered an abandoned vehicle and shall be abated as provided by section 8-214. Upon determining that the vehicle is not unattended, the public officer or his or her authorized agent shall abate the nuisance according to the provisions of section 8-207, unless the vehicle is located in a restricted parking area or other condition exists wherein immediate impoundment is authorized.

(Ord. 896)

8-206 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.

(Ord. 896)

8-207 Order of violation.

(a)The governing body or its designee (city clerk, city attorney, public officer) shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation of section 8-203 an order stating the violation. The order shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.

(b)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.

(K.S.A. 12-1617e; Ord. 896)

8-208 Same; contents.

The order shall state the condition(s) which is (are) in violation of section 8-203. The notice shall also inform the person, corporation, partnership or association that:

(a)He, she or they shall have 10 days from receipt of the order to abate the condition(s) in violation of section 8-203; or

(b)He, she or they have 10 days from receipt of the order to request a hearing before the governing body or its designated representative as provided by section 8-212; and

(c)Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-209 and/or abatement of the condition(s) by the city as provided by section 8-210.

(Ord. 896)

8-209 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 8-203, 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. In addition to any other remedy the City may also seek to enforce this article in the District Court by injunction or any legal means. In that event the costs of abatement and the monetary penalty in this section and court costs may be recovered by a civil judgment.

(Ord. 896)

8-210 Abatement.

In addition to, or as an alternative to prosecution as provided in section 8-209, 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 8-207 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in section 8-208, 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 8-213. 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. 896)

8-211 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. 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. 896)

8-212 Hearing.

If a hearing is requested within the 10-day period as provided in section 8-208, 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 or its designated representative 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 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 or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the manner provided in section 8-210.

(Ord. 896)

8-213 Costs assessed.

If the city abates or removes the nuisance pursuant to section 8-210, 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. 896)

8-214 Abandoned vehicles.

The City shall abate abandoned vehicles according to the provisions of K.S.A. 8-1102, as amended, according to whether the vehicle is abandoned on public right-of-way or other public property, or on private property.

(Ord. 896)