Chapter 8 · Health and Welfare

Article 3. Junked Motor Vehicles on Private Property

Sections 8-301 to 8-312 · 12 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 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; and

(f)Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.

(Prior Code § 7-401; Ord. 775)

8-302 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(a)Abandoned. To be deserted, left behind or discarded.

(b)Inoperable. Not working or functioning properly; unable to perform the function or purpose for which it was originally constructed.

(c)Junked. A state of ruin. Vehicles in the state of decay or dilapidation. Vehicles that are demolished, squandered or in a state of dangerous destruction.

(d)Vehicle. Without limitation, any automobile, truck, semi-tractor, farm tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(e)Wrecked. A state of ruin. Vehicles damaged by accident containing broken glass and sharp metal protrusions that pose a danger to citizens and especially children. A state of dangerous destruction, demolition, dilapidation or decay.

(Prior Code § 7-402; Ord. 775)

8-303 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 upon which taxes are not being paid unless otherwise exempt from taxation, parked in violation of city ordinance, or in a junked, wrecked or abandoned condition. Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or abandoned:

(1)Failure to list and/or register the vehicle for tax purposes and to pay said tax unless said vehicle is exempt from taxation;

(2)Placement of the vehicle or parts thereof upon jacks, blocks or other supports; and

(3)Vehicle is grown up in weeds, or where signs of broken glass, no wheels or sharp metal protrusions exist.

(b)The provisions of this section shall not apply to:

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

(2)To any person conducting a business enterprise in compliance with existing zoning regulations;

(3)To any person who places such vehicles behind screening of sufficient size, strength and density, as approved by the Board of Zoning Appeals, 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 (b)(3) shall be construed to authorize the maintenance of a public nuisance;

(4)To any demolition derby vehicle being actively used during the derby season;

(5)To any race car being actively maintained for use;

(6)To the parking or storage of a vehicle inoperable for a period of 60 consecutive days; and

(7)To any classic, antique, or collector vehicle provided it is listed and/or registered for tax purposes and the tax is actually paid. Consideration may be given to vehicles used for parts. This does not however, in any way, authorize the maintenance of a public nuisance.

(Prior Code § 7-403; Ord. 775)

8-304 Public officer.

The Mayor with the consent of the Council shall designate a public officer to be charged with the administration and enforcement of this article.

(Prior Code § 7-404; Ord. 775)

8-305 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 be 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.

(Prior Code § 7-405; Ord. 775)

8-306 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.

(Prior Code § 7-406; Ord. 775)

8-307 Notice.

Any person found by the public officer to be in violation of section 8-303 of this article shall be served a notice of such violation. The notice shall be served by certified mail, postage prepaid, return receipt requested; provided that, if the owner or their agent in charge of the property is a resident of Decatur County, Kansas, the notice shall be personally served by the public officer or a law enforcement officer.

(Prior Code § 7-407; Ord. 775)

8-308 Same; contents.

The notice shall state the condition(s) which is (are) in violation of section 8-303 of this article. The notice shall also inform the person that:

(a)He, she or they shall have 20 days from the date of serving the notice to abate the condition(s) in violation of section 8-303 of this article;

(b)He, she or they have 20 days from the date of serving the notice to request a hearing before the governing body of the matter as provided by section 8-311 of this article;

(c)Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by section 8-309 of this article.

(Prior Code § 7-408; Ord. 775)

8-309 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 8-309 of this article, be fined in an amount not to exceed $500 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. Upon conviction, the court may also order the public officer to abate the nuisance and assess the cost of same to the person convicted.

(Prior Code § 7-409; Ord. 775; Ord. 857)

8-310 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. 8-1102, as amended.

(Prior Code § 7-410; Ord. 775)

8-311 Hearing.

If a hearing is requested within the 20-day period as provided in section 3-803 of this article, 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 bearing 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 days in advance thereof. At any such bearing, 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 bearing need not be conducted according to the formal rules of evidence. Upon conclusion of the bearing, 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 8-307 of this article.

(Prior Code § 7-411; Ord. 775)

8-312 Costs assessed.

If the city abates the nuisance pursuant to this article, 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.

(Prior Code § 7-412; Ord. 775)