VEHICLE NUISANCES – Ordinance G11-04
AN ORDINANCE DECLARING CERTAIN VEHICLES NUISANCES WITHIN THE CITY OF EASTBOROUGH, KANSAS; PROVIDING FOR THE REMOVAL OR ABATEMENT OF VEHICLE NUISANCES; AUTHORIZING THE ASSESSMENT OF COSTS AND PROVIDING FOR PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EASTBOROUGH, KANSAS:
Section 1: FINDINGS OF THE GOVERNING BODY.
The governing body finds that inoperative and abandoned vehicles affect the health, safety and general welfare of citizens of the City because they:
- serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;
- are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;
- are a ready source of fire and explosion;
- encourage pilfering and theft;
- constitute a blighting influence upon the area in which they are located;
- constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.
Section 2: DEFINITIONS.
As used in this Ordinance, unless the context clearly indicates otherwise:
- “Inoperable” means a condition of being abandoned or unable to perform the function or purpose for which it was originally constructed.
- “Vehicle” means, without limitation, any automobile, truck, tractor or motorcycle which, as originally built, contained an engine, regardless of whether it contains an engine at any other time.
Section 3: NUISANCES UNLAWFUL; DEFINED; EXCEPTIONS.
It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the City.
- A motor vehicle nuisance is any motor vehicle which is not currently registered or tagged pursuant to K.S.A. 8-126 to 8-149, inclusive, as amended; or parked in violation of city ordinance; or incapable of moving under its own power; or in an inoperable condition. Any one of the following conditions shall raise the presumption that a vehicle is inoperable:
- Absence of a current registration plate upon the vehicle;
- Placement of the vehicle or parts thereof upon jacks, blocks or other supports;
- Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon the street or highway;
- The provisions of this section shall not apply to:
- Any motor vehicle which is enclosed in a building;
- The parking or storage of a vehicle inoperable for a period of ten (10) consecutive days.
Upon a determination by the compliance officer, that a nuisance as is described above exists and that it constitutes a menace to the health of inhabitants of the city, the city shall be permitted to abate such nuisance and assess the cost thereof against the owner as follows:
- The compliance officer shall issue a notice requiring the owner of the property on which said nuisance is located to abate such nuisance within ten (10) days from the date such notice is received by restricted mail or personally served. Such notice shall state that the recipient may, within five (5) days of receipt of said notice, request a hearing before the Mayor to contest that a nuisance exists.
- If the owner fails to abate such nuisance within the ten (10) days or such other period of time as directed by the Mayor after a hearing in which the existence of a nuisance is confirmed and an order is issued to abate the same, the City may cause such nuisance to be abated. The City may, upon mailing notice of the cost of such abatement to the owner of the property on which such nuisance exists, assess the total cost of such abatement to said real property. Such notice shall be sent by registered mail to the said owner and shall state that the payment of such costs is due within thirty (30) days following the receipt.
- If the cost of such abatement and notice is not paid within said thirty (30) day period, the costs shall be certified to the city clerk and shall be collected in the manner provided by K.S.A. 12-1, 115,or shall be assessed against the lot on which the nuisance was located. If the cost is to be assessed, the city clerk, at the time of certifying other city taxes to the county clerk, shall certify the aforesaid costs, and the county clerk shall extend the same on the tax roll of the county against the lot, and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid.
- Should the landowner fail to comply with the notice to abate the nuisance, the compliance officer may file a complaint in the Municipal Court of the City against such landowner.
The compliance officer is hereby authorized to enter upon any premises for the purpose of making a thorough examination to determine whether a nuisance exists.
Any person who shall be convicted in the municipal court of violating any provisions of this ordinance shall be deemed guilty of a misdemeanor and shall upon the first conviction for violation be punished by a fine of not more than five hundred dollars ($500). For a second and subsequent conviction of the same offense the violator shall be punished by a fine of not more than one thousand dollars ($1,000).
Section 7: 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.
Ordinance No. 997 is repealed.
This ordinance shall take effect and be in full force from and after its passage and publication one time in the official city newspaper.
Passed and adopted by the City Council this 27th day of September, 2011.