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Motor Vehicle Nuisances - Ordinance No. 997

AN ORDINANCE DECLARING CERTAIN MATTERS AS MOTOR VEHICLE NUISANCES WITHIN THE CITY OF EASTBOROUGH, 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 EASTBOROUGH, KANSAS:

Section 1. Findings of Governing Body

The Governing Body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of the citizens of the City because they:

1. serve as 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.

Section 2. Definitions

As used in this ordinance, unless the contest clearly indicates otherwise:

1. "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;
2. "Vehicle" means, without limitation, any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of where 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.

1. 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 a junked, wrecked, or inoperable condition. Any one 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;
   2. placement of the vehicle or parts thereof upon jacks, blocks or other supports;
   3. absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.
2. The provisions of this section shall not apply to:
   1. any motor vehicle which is enclosed in a garage or other building;
   2. the parking of storage of a vehicle inoperable for a period of 30 consecutive days or less

Section 4. Notice

Any person found to be in violations of Section 3 shall be served a notice of such violation. The notice shall state the condition(s) which violates Section 3 and inform the person that:

1. he has ten days from the date of service to abate the condition(s) which violates Section 3; or
2. he has ten days from the date of service to request a hearing before the Governing Body;
3. failure to abate the conditions or request a hearing may result in prosecution as herein provided or abatement of the condition(s) by the City as herein provided.

Section 5. Failure to Comply

Should the person fail to comply with the notice to abate the nuisance or request a hearing, a complaint in the City Municipal Court may be filed and upon conviction of any violation of Section 3, the person shall be fined an amount not to exceed One Hundred Dollars ($100) or be imprisoned not to exceed thirty (30) days, or both.

Section 6. Abatement

As an alternative to Section 5, a resolution may be presented to the Governing Body authorizing the City to abate the conditions causing the violation at the end of ten (10)days after passage of the resolution. A copy of the resolution shall be served upon the person in violation, personally or by restricted mail, postage prepaid, return receipt requested; or if after the exercise of reasonable diligence the person cannot be found, by publishing the resolution in the official newspaper once a week for two consecutive weeks and by posting a copy of the resolution on the premise where the condition exists.

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.

Section 8. Costs Assessed

If the City abates the nuisance pursuant to Section 6, 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 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.

Section 9. Effective Date

This ordinance shall take effect and be in force from and after its publication in the official city newspaper.

PASSED by the City Council this 24th day of October, 1990 — DATED: October 24, 1990.