[Code 1997; CC 2000 §8-401; Ord. No. 1437 §1, 5-18-2016]
A. 
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:
1. 
Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
2. 
Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;
3. 
Are a ready source of fire and explosion;
4. 
Encourage pilfering and theft;
5. 
Constitute a blighting influence upon the area in which they are located;
6. 
Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.
[Code 1997; CC 2000 § 8-402; Ord. No. 1437 §1, 5-18-2016]
It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the City which is visible from a public street or adjacent private property.
[Code 1997; CC 2000 § 8-403; Ord. No. 1437 §1, 5-18-2016]
As used in this Article, the following terms shall have the meanings indicated:
VEHICLE
Any automobile, van, truck, all-terrain vehicle, motorcycle, moped, motor scooter, farm machinery, construction equipment, bicycle, or other device designed to carry any cargo, operator, or passenger, and may be powered by an engine or pulled or pushed by any device or person.
VEHICLE NUISANCE
Any of the following:
1. 
A vehicle in the 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.
2. 
Any vehicle which has been placed on jacks, blocks or a stand.
3. 
A vehicle which is not currently registered and tagged pursuant to K.S.A. §§ 8-126 to 8-149 inclusive, as amended.
4. 
Parked in violation of any City ordinance.
5. 
A vehicle incapable of moving under its own power.
6. 
A vehicle missing any parts necessary for the lawful operation of the vehicle upon a street or highway.
7. 
Any vehicle which has not moved within fourteen (14) days.
8. 
Any vehicle that is parked or stored in a residential zoning district so that it is visible from a public street or adjacent private property and the license plate is screened from view by a cover, tarp, vegetation, or adjacent structure.
[Code 1997; CC 2000 §8-404; Ord. No. 1437 §1, 5-18-2016]
The City Administrator shall designate a public officer to be charged with the administration and enforcement of this Article.
[Code 1997; CC 2000 §8-406; Ord. No. 1437 §1, 5-18-2016]
Absent emergency circumstances, whenever necessary to make inspection to enforce any of the provisions of this Article, the Public Officer or his or her authorized representatives may enter such premises at all reasonable times to inspect the same or to perform any duty imposed by this Article, provided that such entry is pursuant to the law, and further provided that if such premises be occupied, the Public Officer shall first present credentials and request entry; and if entry is denied, the Public Officer shall have the authority to seek lawful entry pursuant to an administrative search warrant from the municipal judge or other lawful means.
[Code 1997; CC 2000 §8-407; Ord. No. 1101 §1, 12-10-2003; Ord. No. 1437 §1, 5-18-2016]
Any person found by the Public Officer to be in violation of Section 220.210 shall be served a notice of such violation. The notice shall be served either by certified mail, postage prepaid, return receipt requested or personally served by the Public Officer or a law enforcement officer.
[Code 1997; CC 2000 §8-408; Ord. No. 1437 §1, 5-18-2016]
A. 
The notice shall state the condition(s) which is (are) in violation of Section 220.210. The notice shall also inform the person that:
1. 
He/she or they shall have ten (10) days from the date of serving the notice to abate the condition(s) in violation of Section 220.210; or
2. 
He/she or they have ten (10) days from the date of serving the notice to request a hearing before the Governing Body of the matter as provided by Section 220.290.
3. 
Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 220.260 and/or abatement of the condition(s) by the City as provided by Section 220.270.
[Code 1997; CC 2000 §8-409; Ord. No. 1437 §1, 5-18-2016]
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 220.210, be fined in an amount not to exceed one hundred dollars ($100.00) or be imprisoned not to exceed thirty (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 1997; CC 2000 §8-410; Ord. No. 1437 §1, 5-18-2016]
A. 
In addition to or as an alternative to prosecution as provided in Section 220.270, the Public Officer may seek to remedy violations of the Article in the following manner. If a person to whom a notice has been sent pursuant to Section 220.240 has neither alleviated the conditions causing the alleged violation or requested a hearing before the Governing Body within the time period specified in Section 220.260, the Public Officer may remove and abate the violation of this Chapter by reasonable means and assess the costs of removal, including reasonable administrative costs, against the property on which the violation was located.
B. 
When in the opinion of the public officer a vehicle nuisance exists in such a condition as to require immediate action to protect the public, such officer may erect barricades or cause the vehicle to be taken down or otherwise made safe without delay and such action may, under such circumstance, be taken without prior notice to or hearing of the owners, agents, or lienholders. The costs of any such action shall be assessed, including reasonable administrative costs, against the property on which the violation was located.
C. 
The Public Officer or his/her authorized agent shall give notice to the owner, occupant or agent in charge of the premises by first class mail of the costs of the abated violation(s). The notice shall State that payment of the costs is due and payable within thirty (30) days following issuance of the notice.
D. 
If the costs of the abatement of the nuisance as defined by Section 220.210 remain unpaid after thirty (30) days following issuance of the notice, a record of the costs of abatement shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such violation(s) were so removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spreading on the tax rolls of the County.
[Code 1997; CC 2000 §8-411; Ord. No. 1437 §1, 5-18-2016]
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 1997; CC 2000 §8-412; Ord. No. 1437 §1, 5-18-2016]
If a hearing is requested within the ten-day period as provided in Section 220.250, 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 therefor and the person shall be advised by the City of the time and place of the hearing at least five (5) 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 manner provided in Section 220.250.