A CHARTER ORDINANCE REPEALING ORDINANCE NO. 700 AND ARTICLE 4, CHAPTER VIII, OF THE CITY OF CANEY, KANSAS, AND ADOPTING ALTERNATE PROVISIONS DECLARING CERTAIN MATTERS AS MOTOR VEHICLE NUISANCES WITHIN THE CITY OF CANEY, KANSAS; PROVIDING FOR THE REMOVAL OR ABATEMENT OF MOTOR VEHICLE NUISANCES; AUTHORIZING THE ASSESSMENT OF COSTS AND PROVIDING FOR PENALTIES
Be it ordained by the governing body of the City of Caney, Kansas:
Section 1.
Ordinance No. 700 and Article 4, Chapter VIII of the Code of the City of Caney,
Kansas, are, on the effective date of this ordinance, hereby repealed and in
its place the following Article 4, Chapter XIII of the Code of the City of
Caney, Kansas is hereby adopted:
ARTICLE 4. JUNKED,
ABANDONED VEHICLES
8-401. FINDING OF GOVERNING BODY. The governing body finds that junk, wrecked,
dismantled, inoperable or abandoned vehicles e:ffect the health, safety and
general welfare of citizens of the city because they:
(a) serve as a breeding ground for f1ies, mosquitos,
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; and
(f) Constitute a fire hazard because they
frequently block access for fire equipment to adjacent buildings and
structures.
8-402. DEFINITIONS. As
used in this ordinance, 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, motorcycle, farm or construction equipment, which
is originally built containing an engine, regardless of whether it contains an
engine at any other time. Such term shall also be deemed to include the major
parts thereof, including bodies, engines, transmissions, frames and rear ends.
(c) Privacy Fence means a fence constructed
of wood or chain-link with mesh screening six feet in height, properly
maintained, and of sufficient size, strength and density to screen vehicles
from the view of the public and to prohibit ready access to stored vehicles by
children.
(d) Garage or Building means a roofed
structure enclosed on three sides, with the exterior finished with wood,
corrugated panels, vinyl, steel or aluminum siding, or other permanent
structural material of like nature, suitable to exterior finish of such garage
or building.
8-403. 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 a motor
vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to
8-149, or K.S.A. 8-194 to 8-198, inclusive, as amended; or parked in violation
of city ordinance; or abandoned on a highway or other property open to use by
the public for a period of time in excess of 48 hours; or incapable of moving
under its own power; or in a junked, wrecked or inoperable condition. The
existence of two or more 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 or a current title for the vehicle;
(2) Placement of the vehicle or parts
thereof upon jacks, blocks, or other supports, or the absence of one or more
parts of the vehicle necessary for the lawful operation of the vehicle upon a
street or highway;
(3) Growth of grass, weeds or other
vegetation to a height of eight (8) inches or more adjacent to the vehicle;
(4) Placement of trash, garbage, or other
debris in or upon such vehicle.
(b) The provisions of this section shall not
apply to:
(1) Any junked, wrecked or inoperable
vehicle which is parked or enclosed in a garage or other building, or which is
parked in an area enclosed by a privacy fence as defined in Section 8-402 (c);
provided, that no more than two junked, wrecked or inoperable vehicles may be
parked on the same lot (s) or tract (s) of land under common ownership within a
building or garage or enclosed by a privacy fence in an area zoned for
residential use.
(2) To the parking or storage of a vehicle
inoperable for a period of thirty consecutive days or less;
(3) To any person conducting a business enterprise
in compliance with existing zoning regulations and who places such vehicles in
a building, garage, or in an area enclosed by a privacy fence as defined by
Sub-section 8-402 (c) above.
Nothing in this
sub-section shall be construed to authorize the maintenance of a public
nuisance.
8-404. PUBLIC OFFICER. The chief of police shall
designate a public officer to be charged with the administration and
enforcement of this article.
8-405. 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
the nuisance may exist by the chief of police, fire chief or mayor. 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.
8-406. RIGHT OF ENTRY. It shall be a violation of
this ordinance 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.
8-407. NOTICE. Any person found by the public officer
to be in violation of Section 8-403 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 Montgomery County, Kansas, the notice shall be
personally served by the public officer or a law enforcement officer.
If the public
officer is unable, after exercising due diligence, to serve the person found to
be in violation of Section 8-403 personally, the notice shall be served by
restricted mail, postage prepaid, return receipt requested. In the event any
notice which the public officer serves by restricted mail, postage prepaid,
return receipt requested, is returned marked “refused” or “unaccepted”, or
marked by words of similar import, the public officer shall mail a copy of the
notice by first class mail, postage prepaid, and the mailing of such notice by
first class mail, postage prepaid, under such circumstances shall be deemed
adequate service of notice for the purposes of this ordinance.
8-408. SAME; CONTENTS. The notice shall state the
condition (s)which is (are) in violation of Section 8-403. The notice shall
also inform the person 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
Section 3; or
(b) He, she or they have 10 days from the
date of serving the notice to request a hearing before the governing body on
the matter as provided by Section 8-412;
(c) Failure to abate the condition (s) or to
request a hearing within the time allowed may result in prosecution as provided
by Section 8-409 and/or abatement of the condition (s) by the city as provided
by Section 8-410.
8-409. FAILURE TO COMPLY; PENALTY. Should the person
fail to comply with the notice to abate the nuisance or request a hearing, or
should any person abandon a motor vehicle on a highway or other property open
to use by the public for a period of time in excess of 48 hours, the public
officer may file a complaint in the municipal court of the city against such
person and upon conviction of any violation of the provisions of Section 8-403
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
after notice has been served shall constitute an additional or separate
offence.
8-410. ABATEMENT. In addition to, or as an
alternative to prosecution as provided in Section 8-409, the public officer may
seek to remedy violations of this article in the following manner:
(a) If a person to whom a notice has been
sent pursuant to Section 8-407 has neither alleviated the conditions causing
the alleged violation nor requested a hearing before the governing body within
the time period specified in Section 8-408, 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.
(b) 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 8-413. A
copy of the resolution shall be served upon the person in violation in one of
the following ways:
(1) Personal service upon the person in violation;
(2) Service by restricted mail, postage
prepaid, return receipt requested; or
(3) 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.
8-411. DISPOSITION OF VEHICLE. Disposition of any
motor vehicle removed and abated from private property pursuant to this
ordinance shall be as provided by K.S.A. 8-1102, as amended.
8-412. HEARING. If a hearing is requested within the
10 day period as provided in Section 8-408, 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 5 days in advance thereof. At any such hearing, the person may
be represented by counsel, and the person or 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 8-410.
8-413. COSTS ASSESSED. If the city abates the
nuisance pursuant to Section 8-410, the costs 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 taxes are collected and paid.
8-414. VEHICLES ABANDONED ON HIGHWAY OR PUBLIC
PROPERTY; AUTHORITY TO REMOVE. (a) Whenever any person shall abandon and leave
a motor vehicle on a highway or other property open to use by the public for a
period of time in excess of 48 hours, the city may remove the motor vehicle
from such highway or other property and place or store the same in a safe and
convenient place. If such motor vehicle has displayed thereon a registration
plate issued by the Division of Vehicles and has been registered with said
division, the city or its designated agent shall mail a notice by certified
mail to the registered owner thereof addressed to the address as shown on the
certificate of registration, and to the lien holder, if any, of record in the
county in which the title shows the owner resides, if registered in this state,
stating that if the owner or lien holder does not claim such motor vehicle and
pay the removal and storage charges incurred by the city on the same within 15
days from the date of the mailing of the notice, that the same will be sold at
public auction to the highest bidder for cash.
(b) The City shall
use reasonable diligence in determining the title owner, or if from a non-title
state, the registered owner of the vehicle,_ and shall inquire by mail of the
office of register of deeds of the county in which the title shows the owner resides,
if registered in the state, as to whether there are any lien holders of record.
8-415. SAME; NOTICE. (a) After fifteen days from the
date of mailing notice, if the abandoned motor vehicle is more than four model
years of age, or after 30 days from the date of mailing notice, if the
abandoned motor vehicle is four model years or less, the city or its designated
agent shall publish a notice for two consecutive weeks in the official city
newspaper where such motor vehicle was abandoned and left. The notice shall
describe the motor vehicle by name of maker, model, serial number and owner if
known and state that the same has been impounded by the city and will be sold
at public auction to the highest bidder for cash, if the owner thereof does not
claim the same within 10 days from the date of the second publication of the
notice and pay the removal and storage charges, and the publication costs
incurred by the city. (b) If such motor vehicle does not display a registration
plate issued by the Division of Vehicles and is not registered with said
division, the city or its designated agent, after 15 days from the date of
abandonment, may publish a notice in the official city newspaper, which notice
shall describe the motor vehicle by name of maker, model, color and serial
number and shall state the same has been impounded by the city and will be sold
at public auction to the highest bidder for cash, if the owner thereof does not
claim the same within 10 days from the date of the second publication of the
notice and pay the removal and storage charges incurred by the city.
8-416. SAME; SOLD AT AUCTION. (a) Whenever the city
or its designated agent has complied with the foregoing provisions of this
article with respect to any such abandoned motor vehicle and the owner thereof
does not claim the same within the time stated in the notice and pay the
removal and storage charges and publication costs incurred by the city on such
motor vehicle, the city or its designated agent may sell the motor vehicle at
public auction to the highest bidder for cash. The sale of any motor vehicle pursuant
to this section shall be deemed a sale at retail within the state as provided
by K.S.A. 8-1754, but the responsibility for obtaining a certificate of
approval for such vehicle prior to its registration in this state shall be upon
the purchaser.
(b) After any sale
pursuant to this section, the city or its designated agent may file proof
thereof with the Division of Vehicles. Thereupon, such division shall issue a
certificate of title to the purchaser of such motor vehicle. All moneys derived
from the sale of motor vehicles pursuant to this article, after payment of the
expenses of the sale, shall be paid into the fund of the city which is used by
it for the construction or maintenance of highways.
Section 2. GRACE
PERIOD. All persons having inoperable vehicles upon private property shall be
given a grace period of sixty (60) days from the effective date of this
ordinance within which to erect a privacy fence in which to enclose such
vehicle or vehicles. The public officer may issue warning notices during the
grace period to advise such person or persons that a violation of this
ordinance appears to exist, but shall not issue citations or cause any such
vehicle or vehicles to be removed from private property during the grace
period.
(08-17-1992; Repealed by C.O. No. 17a)