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;
(f) Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.
(Code 1987)
As used in this article, unless the context clearly indicates otherwise:
(a) Abandoned Motor Vehicle means any motor vehicle which is either:
(1) Not currently registered or tagged pursuant to K.S.A. 8-126 et seq.;
(2) Incapable of moving under its own power; or
(3) Inoperable meaning wrecked, wholly or partially dismantled, or unable to perform the function or purpose for which it was originally constructed.
(b) Vehicle means any automobile, truck, tractor, motorcycle, farm machinery or any other vehicle, machinery or equipment was/is motor powered and capable of locomotion..
(Code 1987, Ord. 1481)
Any one of the following conditions shall raise the presumption that a vehicle is 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;
(c) Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.
(Code 1987)
Except as provided in section 8-405 and 8-406, it shall be unlawful for any person or agent, either as owner, lessee, tenant or occupant of any land within the city to park, store or permit to be located thereon, an abandoned motor vehicle unless said vehicle is enclosed in a garage or other building.
(a) A violation of this section is a Class B violation punishable by fine of $10.00 per day for each vehicle in violation of the section.
(b) In addition to any fine, the Court may direct the removal of the vehicle at the expense of the violator. Such expense includes: towing, storage and other costs incurred by the City should the violator fail to comply with the Court’s removal order.
(Code 1987, Ord. 1481)
The provisions of section 8-404 shall not apply to the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less.
(Code 1987)
The provisions of section 8-404 shall not apply to any person lawfully conducting a licensed salvage business in compliance with the existing zoning regulations, provided that all vehicles are screened from view of the general public by screening of sufficient size, strength and density to fully obstruct the vehicles from view. Nothing in this section shall be construed as authorizing the maintenance of a public nuisance.
(a) Failure to provide screening in violation of this section is a Class B violation punishable by fine of $10.00 per day for each vehicle in violation of the section.
(b) In addition to any fine, the Court may order the violator to construct at his/her expense the screening required by this section. Failure to comply with a Court order to construct screening is a Class A violation punishable by confinement in the county jail or not greater than 30 days, a fine in the amount of not greater than $500.00, or both.
(Code 1987, Ord. 1481)
The Chief of Police or any officer designated by him/her is hereby designated as the enforcing officer of the city and charged with administration of the provision of this article.
(a) Prior to issuing a Complaint (Uniform Notice to Appear and Complaint) charging a violation of this Article, the officer shall first give the person in possession of or the owner of the real property upon which the vehicle is located seven (7) days written Notice of the violation.
(b) Such Notice shall inform such person of the violation and direct him/her to take action within the seven (7) days to comply with the provisions of this Article or prosecution will be commenced.
(Code 1987, Ord. 1481)
(a) Whenever any person shall abandon and leave a motor vehicle on a highway or other property open to use by the public for a period of time in excess of 48 hours, the city may remove the motor vehicle from such highway or other property and place or store the same in a safe and convenient place. If such motor vehicle has displayed thereon a registration plate issued by the Division of Vehicles and has been registered with said division, the city or its designated agent shall mail a notice by certified mail to the registered owner thereof, addressed to the address as shown on the certificate of registration, and to the lienholder, if any, of record in the county in which the title shows the owner resides, if registered in this state, stating that if the owner or lienholder does not claim such motor vehicle and pay the removal and storage charges incurred by the city on the same within 15 days from the date of the mailing of the notice, that the same will be sold at public auction to the highest bidder for cash.
(b) The city shall use reasonable diligence in determining the title owner, or if from a non-title state, the registered owner of the vehicle, and shall inquire by mail of the office of Register of Deeds of the county in which the title shows the owner resides, if registered in the state, as to whether there any lienholders of record.
(Code 1987)
(a) After 15 days from date of mailing notice, the city or its designated agent shall publish a notice for two consecutive weeks in the official city newspaper where such motor vehicle was abandoned and left. The notice shall describe the motor vehicle by name of maker, model, serial number and owner, if known, and state that the same has been impounded by the city and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim the same within 10 days from the date of the second publication of the notice and pay the removal and storage charges, and the publication costs incurred by the city.
(b) If such motor vehicle does not display a registration plate issued by the Division of Vehicles and is not registered with said division, the city or its designated agent, after 30 days from the date of impoundment, may publish a notice in the official city newspaper, which notice shall describe the motor vehicle by name of maker, model, color and serial number and shall state the same has been impounded by the city and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim the same within 10 days from the date of the second publication of the notice and pay the removal and storage charges incurred by the city.
(Code 1987)
(a) Whenever the city or its designated agency has complied with the foregoing provisions of this article with respect to any such abandoned motor vehicle and the owner thereof does not claim the same within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the city on such motor vehicle, the city or its designated agent may sell the motor vehicle at public auction to the highest bidder for cash.
(b) After any sale pursuant to this section, the city or its designated agent may file proof thereof with the Division of Vehicles. Thereupon, said division shall issue a certificate of title to the purchaser of such motor vehicle. All moneys derived from the sale of motor vehicles pursuant to this article, after payment of the expenses of the impoundment and sale, shall be paid into the fund of the city which is used by it for the construction or maintenance of highways.
(Code 1987)
(a) Any person who shall abandon and leave any vehicle on any real property, other than public property or property open to use by the public, within the city, which is not owned or leased by such person or by the owner or lessee of such vehicle, shall be guilty of criminal trespass. Upon request of the owner or occupant of such real property the city or its designated agent may remove and dispose of such vehicle in the manner provided in this article except that the provisions that a motor vehicle be abandoned for a period of time in excess of 48 hours prior to its removal shall not be applicable to abandoned vehicles which are subject to the provisions of this section.
(b) Any person removing such vehicle from the real property at the request of the city shall have a possessory lien on such vehicle for the costs incurred in removing, towing and storing such vehicle.
(Code 1987)