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§ 8-212 APPEALS.
   Any person affected by any determination of the Governing Body under §§ 8-210 and 8-211 may appeal such determination in the manner provided by K.S.A. 60-2101.
§ 8-213 COSTS ASSESSED.
   (a)   Upon removing or abating the nuisance conditions, the city shall give written notice to the owner of the total costs incurred by the city for such removal or abatement. The total costs may include:
      (1)   A reasonable cost for labor and equipment necessary to remove or abate the condition;
      (2)   The cost of providing notice, including postage and publication costs; and
      (3)   A reasonable administrative fee.
   (b)   The notice shall be served as provided in § 8-208(f) above and shall state:
      (1)   The sum of the total cost of removing or abating the condition;
      (2)   Payment of such sum is due within 30 days of receipt of the notice;
      (3)   If such sum is not paid within the 30-day period, such sum shall be assessed as a special assessment and charged against the subject property; and
      (4)   In addition, such sum may be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto.
   (c)   If, after notice, the owner fails to pay the total cost of the removal or abatement, the City Clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs to the County Clerk to extend the same on the tax rolls of the county against such property to be collected by the County Treasurer and paid to the city as other city taxes are collected and paid. The city may also pursue collection as provided by K.S.A. 12-1,115 and amendments thereto, but only until the full cost and applicable interest has been paid in full.
(K.S.A. 12-1,115) (Ord. 1423, passed 4-14-2008)
§ 8-214 CONSTRUCTION.
   Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this article shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance.
(Ord. 1423, passed 4-14-2008)
ARTICLE 3: JUNKED MOTOR VEHICLES ON PRIVATE PROPERTY
Section
   8-301   Findings of Governing Body
   8-302   Definitions
   8-303   Nuisances unlawful; defined; exceptions
   8-304   Temporarily disabled vehicle
   8-305   Public officer
   8-306   Complaints; inquiry and inspection
   8-307   Right of entry
   8-308   Order of violation
   8-309   Notice
   8-310   Same; contents
   8-311   Failure to comply; penalty
   8-312   Abatement
   8-313   Disposition of vehicle
   8-314   Hearing
   8-315   Costs assessed
§ 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, § 8-301) (Ord. 1234, passed 4-8-1991)
§ 8-302 DEFINITIONS.
   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.
(Prior Code, § 8-302) (Ord. 1234, passed 4-8-1991)
§ 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 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; and
      (3)   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 section shall not apply to:
      (1)   Any motor vehicle which 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 subsection shall be construed to authorize the maintenance of a public nuisance.
(Prior Code, § 8-303) (Ord. 1234, passed 4-8-1991)
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