Section
8-301 Findings of governing body
8-302 Definitions
8-303 Nuisances unlawful; defined; exceptions
8-304 Public officer
8-305 Complaints; inquiry and inspection
8-306 Right of entry
8-307 Order of violation
8-308 Same; contents
8-309 Failure to comply; penalty
8-310 Abatement
8-311 Disposition of vehicle; recovery of vehicle
8-312 Hearing
8-313 Costs assessed
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) Serve 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.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE. 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.
VEHICLE. 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.
It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.
(a) (1) A MOTOR VEHICLE NUISANCE is any motor vehicle that 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.
(2) Any one of the following conditions shall raise the presumption that a vehicle is junked, wrecked or inoperable:
(A) Absence of a current registration plate upon the vehicle;
(B) Placement of the vehicle or parts thereof upon jacks, blocks or other supports; or
(C) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.
(b) The provisions of this article shall not apply to:
(1) Any motor vehicle that is enclosed in a garage or other building;
(2) To the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or
(3) To any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children, however, nothing in this division (b)(3) shall be construed to authorize the maintenance of a public nuisance.
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 he or she observes conditions that appear to constitute a nuisance. Upon making any inquiry and inspection, the public officer shall make a written report of findings.
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