CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 3. NUISANCE MOTOR VEHICLES

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)   Serves 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 1997)

As used in this article, unless the context clearly indicates otherwise:

(a)   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;

(b)   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;

(c)   Screening- means a fence of metal, wood or other suitable material that shall not permit the vehicle to be seen from the sidewalk or street.  Any type of fencing must be of uniform height unless the public officer approves a variation in such height.

(Code 1997; Ord. 1464, Sec. 1)

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;

(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 article shall not apply to:

(1)   Any motor vehicle which is enclosed in a garage or other building that blocks the vehicle from view.  A carport does not qualify as a garage or other building for purposes of this subsection;

(2)   To the parking or storage of an inoperable vehicle for a period of less than 30 consecutive days; or

(3)   To any person conducting a business enterprise in compliance with existing zoning regulations and who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and which prohibits ready access to stored vehicles by children. However, nothing in this subsection shall be construed to authorize the maintenance of a public nuisance. 

(Code 1997; Ord. 1464, Sec. 1)

The City Manager shall hereby designate a public officer to be charged with the administration and enforcement of this article.

(Ord. 1229, Sec. 1; Code 2006)

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 which appear to constitute a nuisance. Upon making any inquiry and inspection the public officer shall make a written report of findings.

(Code 1997)

The public officer has the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.

(Code 1997)

(a)   The public officer shall serve upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the public officer to be in violation of Section 8-303 a notice stating the violation.  The notice shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service.  If the property is unoccupied and the owner is a non-resident, then by mailing the notice by certified mail, return receipt requested, to the last known address of the owner.

(b)   If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice sent pursuant to this section during the preceding 24-month period, the public officer of the city may provide notice of the issuance of any further notices to abate or remove a nuisance from such property by such methods including, but not limited to, door hangers, conspicuously posting notice on the property, personal notification, telephone communication or first class mail.  If the property is unoccupied and the owner is a non-resident, notice provided by this section may be given by telephone communication or first-class mail.

(K.S.A. 12-1617e; Code 2006; Ord. 1464, Sec. 1)

The notice shall state the condition(s) which is (are) in violation of section 8-303. The notice shall also inform the person, corporation partnership or association that:

(a)   He, she or they shall have 10 days from the receipt of the notice to abate the condition(s) in violation of Section 8-303; and

(b)   He, she or they have 10 days from receipt of the notice to request a hearing before the governing body or its designated representative of the matter as provided by Section 8-312; and

(c)   Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by Section 8-309 and/or abatement of the condition(s) by the city as provided by Section 8-310.

(Code 2006; Ord. 1464, Sec. 1)

Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing, the public officer may file a complaint in the municipal court of the City against such person, corporation, partnership or association and upon conviction of any violation of provisions of this Article, such person, corporation, partnership, or association shall be fined in an amount of not less than $100 nor more than $1,000 or be imprisoned for a period not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.

(Code 1997; Ord. 1456, Sec. 1)

In addition to, or as an alternative to prosecution as provided in Section 8-309, the public officer may seek to remedy violations of this section in the following manner. If a person, corporation, partnership, or association to whom a notice has been sent pursuant to 8-307 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in 8-308, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the City to abate the conditions causing the violation at the end of 10 days after passage of the resolution.

The resolution shall further provide that the costs assessed by the City shall be charged against the lot or parcel of ground on which the nuisance was located as provided in 8-313. A copy of the resolution shall be served upon the person in violation in one of the following ways:

(a)   Personal service upon the person, corporation, partnership, or association in violation;

(b)   Service by restricted mail, postage prepaid, return receipt requested;

(c)   Service by registered mail, postage prepaid, return receipt requested; or

(d)   In the event the whereabouts of such person, corporation, partnership, or association are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer. This affidavit shall be filed with the City Clerk. In such event, the resolution shall be served by publishing the resolution once each week for two consecutive weeks in the official City newspaper and by posting a copy of the resolution on the premises where such condition exists.

(e)   If the owner or agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the City may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

(Code 2006; Ord. 1456, Sec. 1)

(a)   Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be as provided by K.S.A. Supp. 8-1102, as amended.

(b)   Any person, corporation, partnership, or association attempting to recover a motor vehicle impounded as provided in this article shall show proof of valid registration and ownership of the motor vehicle before the motor vehicle shall be released. In addition, the person, corporation, partnership, or association desiring the release of the motor vehicle shall pay all reasonable costs associated with the impoundment of the motor vehicle, including transportation, administrative and storage fees, prior to release of the motor vehicle.

(Code 2006; Ord. 1456, Sec. 1)

If a hearing is requested within the 10 day period as provided in section 8-308, such request shall be made in writing to the governing body. Failure to make a timely request for a hearing shall constitute a waiver of the person's right to contest the findings of the public officer. The hearing shall be held by the governing body or its designated representative as soon as possible after the filing of the request therefore, and the person shall be advised by the city of the time and place of the hearing at least five days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the findings of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the matter provided in section 8-310.

(Code 2006)

If the City abates the nuisance pursuant to Section 8-310, the cost will be assessed according to the following schedule:

(a)   Vehicle Removal- $100 per hour (one hour minimum), plus the towing fee charged to the City by the towing company plus a $150 administrative fee.

(b)   The above fees shall be doubled for rental properties and properties with more than one violation in a 12-month period. The fees to be doubled include all of the fees listed above and the administrative fees.

These fees are subject to change and will be reviewed at least once annually by a resolution titled "A RESOLUTION CONCERNING SERVICE, LICENSE AND PERMIT FEES WITHIN THE CORPORATE LIMITS AND SERVICE AREA OF THE CITY OF HOISINGTON."

The City shall give notice of the total cost assessed for the abatement or removal by the City to the person, corporation, partnership or association by one of the methods of service outlined in Section 8-310. The notice shall also state that the payment is due within 30 days following receipt of the notice. The City also may recover the cost of providing notice including any postage or publication, required by this section.

The notice shall also state that if the cost assessed for the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provide by K. S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk at the time of certifying other taxes to the county clerk, shall certify the unpaid portion of the costs as provided in 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. The City may pursue collection both by levying a special assessment and in the manner provided by K. S.A. 12-1,115, and amendments thereto, but only until the full assessed cost and applicable interest and fees have been paid in full.

(Code 2006; Ord. 1456, Sec. 1)