CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 3. JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY

The governing body finds that junked, wrecked, discarded, dismantled, inoperative or abandoned vehicles located in and upon real property within the boundaries of the city is a matter affecting the health, safety and general welfare of citizens of the city and are hereby declared to be a nuisance.

(Ord. 461, Sec. 1)

For the purpose of this article, the following definitions apply:

(a)   Abandoned Motor Vehicle or Motor Vehicle Nuisance -- Any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 through 8-149 inclusive, as amended; or parked in violation of city ordinance; or incapable of moving under its own power; or in a junked, wrecked or inoperable condition.

(b)   Antique Vehicle -- Any vehicle more than 35 years old propelled by a motor using petroleum fuel, steam, or electricity or combination thereof

(c)   Automobile Graveyard -- An establishment maintained, used or operated for the specific purpose of storing, keeping, buying or selling five or more wrecked, junked, scrapped, ruined, dismantled or inoperative motor vehicles.

(d)   Automotive Repair Shop -- A business establishment whose primary function is the overhaul and repair of automobiles.

(e)   Cannibalization -- The act of removing repair parts or assemblies from vehicles for storage, resale or re-use.

(f)   Classic. Limited or Special Edition Automobiles -- Those automobiles so classified in the Krause Antique/Classic Car Guide catalogue or similar publications.

(g)   Hard Surface Material -- Any material composed of crushed rock, concrete, asphalt, metal or other non-porous material of a comparable texture, density or hardness.

(h)   Inoperable Vehicle -- Any vehicle which is incapable of being moved under its own power without undergoing extensive repairs.

(i)    Motor Vehicle -- A vehicle which is self-propelled and of a kind required to be registered under the laws of the state but does not include motorcycles or motor-driver cycles.

(j)    Open Storage -- A parcel or plot of land used primarily for the storage of vehicles and other property which is not covered by a roof, canopy or other roof-like structure, thus leaving the property stored thereon exposed to the elements. Storage areas enclosed by a privacy fence or other type fencing material but uncovered area considered to be open storage areas for the purpose of this directive.

(k)   Repair Parts and Assemblies -- Component parts of a motor vehicle which are capable of being removed and used as replacement parts on other vehicles, i.e., alternators, carburetors, starters, transmission, doors, fenders, wheels, etc.

(l)    Replacement Parts -- See Repair Parts.

(m)  Vehicle -- Every device in, upon or by which any person or property is or may be transported or drawn upon a public highway except those devices moved by human power or used exclusively upon stationary rails or tracks.”

(Ord. 461, Sec. 2; Ord. 507; Code 2017)

Except for the vehicle properly located behind screening in automobile graveyards holding a valid license pursuant to the provisions of K.S.A 68-2201:2215 and holding a valid license issued by the city, there shall be no junked, wrecked, dismantled, discarded, inoperative or abandoned vehicles parked or kept in open storage within the corporate limits of this city except under the following conditions:

(a)   Vehicles suffering recent damage in a wreck, collision or other disaster may be retained by the owner, lessee or insured on his or her owned or rental property pending receipt of disposition instructions from the insurer. In the event this action shall be long in forthcoming due to possible litigation or other reasons, it shall be the responsibility for the insured to present himself or herself in person and in company with the insurance representative or agent at the office of the city clerk to explain the reason(s) for the extended storage requirement. The city clerk upon being apprised of such shall issue a permit for retention and storage of the vehicle for the length of time deemed essential by the parties concerned.

(b)   Vehicles destined for cannibalization or for recovery of repair parts or assemblies may be stored for a period of 30 days provided there is indisputable and progressive evidence of cannibalization being performed during the intervening period. Repair parts and components once removed shall either be disposed of or, if retained on the premises, shall be stored in a building, bin, or crib constructed in such a manner as to hide the material from public view. The flooring of the storage facility shall have constructed of a hard surface material to discourage the burrowing or nesting of rodents, reptiles, skunks, and other wild animals. The owner of any vehicle to be cannibalized shall report the make, model, and date the vehicle was brought into the corporate limits for the city to the city clerk within 24 hours after its arrival the-rein. The city clerk shall issue the owner a permit for retention for the vehicle for the 30 day time limit specified. A duplicate copy for the permit shall be furnished the chief of police or city marshal, whose duty it shall be to ascertain and take appropriate action, when required, to insure that the vehicle is removed from the city limits within the deadline established for its removal.

(c)   Antique. Classic. Limited or special edition vehicles may be parked and kept in open storage in limited numbers not to exceed three; provided such vehicles are being restored and upon examination show indisputable signs of progressive restoration. It shall be the responsibility of the owner to register the vehicles with the city clerk within 24 hours after bringing the vehicle within the corporate limits of the city, and it shall be the duty of the law enforcement officer to make a visual inspection of such vehicles or on a monthly basis to determine the extent of restoration made during the intervening period and render a written report thereof to the governing boy. Such reports shall be made a matter of record and retained on file in the office of the city clerk. The law officer concerned shall be given access to the vehicles at a time and place agreed upon by the parties concerned.

(d)   Privately owned or dealer owned vehicles which are in need of and scheduled for repair or overhaul may be parked and kept in open storage by their owners or by the owner of the automotive repair shop if left in his or her custody pending completion of the repairs or overhaul required. Such vehicles shall not be retained under 30 calendar days except in unusual cases where the individual doing the repair work is unable to obtain the needed repair parts in time to complete repairs within this time frame. In these rare instances it shall be the responsibility of the owner of such vehicles or the person making the repairs to appear at the office of the city clerk and apply for an extension of time needed to complete the repairs. Individual applying for same should be prepared to furnish evidence of efforts, made to obtain the repairs and delays encountered, if called upon to do so. The law enforcement officer shall be responsible for monitoring this procedure to insure it is not being abused. He or she shall maintain a log of those vehicles placed in open storage while awaiting repairs. The log shall show as a minimum the make, model and serial number of the vehicle, the date it was placed in storage and the date it was removed from storage. The law officer shall be prepared to present this log for review by the members of the governing body during their regular monthly meetings if called upon to do so and at such other times as the situation may require.

(Ord. 461, Sec. 3)

Any condition suspected of being a nuisance in violation of the standards prescribed herein shall be investigated by the law enforcement officer or other city officials at the direction of the city clerk. If the investigator reports to the city clerk that a nuisance exists, the governing body of the city shall consider the report at a regular monthly city council meeting. At least 10 days prior to the regular meeting, the city clerk shall cause a notice to be served upon the owner or agent of the owner of the property. Service may be personal service by a law enforcement officer or service by certified mail to the owner’s last known post office address. The notice shall describe the nuisance and notify the owner or agent of the owner that the report of the nuisance shall be heard and discussed before the governing body at the next regular city council meeting. The notice shall further inform the owner or agent of the owner that the owner or agent may appear at that time to make a showing to the satisfaction of the governing body that no such nuisance exists. If at the time of the hearing before the governing body, the owner or agent of the owner so notified appears and makes a showing to the satisfaction of the governing body that no such nuisance exists, no further action shall be taken. If at the hearing, the governing body shall, by resolution, determine that the alleged nuisance does in fact exist, the city clerk shall forthwith issue notice to remove and abate from the premises the conditions constituting the nuisance within a time limit not exceeding 10 days. The notice shall be served either by personal service by law enforcement officer or by certified mail to the last known post office address of the owner. If the owner or agent of the owner shall fail to comply with the requirements of the notice, then the city shall proceed to have the things described in the notice removed and abated from the property. The city clerk shall keep a record of the cost of abatement and shall assess and charge such cost to the property upon which the nuisance as located. If the owner, or agent of the owner fails to pay the assessment to the city within 30 days after receipt of written notice from the city clerk requesting payment of the assessment, the city clerk shall at the time of certifying other city taxes to the county clerk, certify the aforesaid costs and the county clerk shall extend the same on the tax roll of the county against the property, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.

(Ord. 461, Sec. 4; Ord. 513; Code 2017)