The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the City of Linn Valley 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.

(Ord. 60; Code 2021)

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, aircraft, boat, or other watercraft or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(Ord. 60; Code 2021)

It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.

(a)   A vehicle nuisance is any 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;

(4)   In state of major disassembly, disrepair, or in process of being stripped or dismantled.

(b)   The provisions of this article shall not apply to:

(1)   Any motor vehicle which is enclosed in a garage or other building;

(2)   The parking or storage of a vehicle inoperable for a period of 30 consecutive days or less; or

(3)   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.

(c)   The provisions of this article shall apply to any trailer, travel trailer or trailer house found by the governing body to be either abandoned or constituting a hazard as defined in Section 8-201 above.

(Ord. 60; Ord. 71; Code 2021)

The governing body shall designate the Mayor or an officer appointed by the mayor to be the public officer to be charged with the administration and enforcement of this article.

(Ord. 60; Code 2021)

The public officer may make 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. The public officer shall make inquiry and inspection of premises upon receipt of a complaint 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

(Ord. 60; Code 2021)

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.

(Ord. 60; Code 2021)

Any person or property owner found by the public officer to be in violation of section 8-203 shall be served a notice of such violation. The notice shall be served on the owner or agent at their last known address, by certified mail, return receipt requested; or by personal service.

(K.S.A. 12-1617e; Ord. 60; Code 2021)

The notice shall state the condition(s) which is (are) in violation of section 8-203. The notice shall also inform the person or property owner that:

(a)   He, she or they shall have 10 days from the date of serving the notice to abate the condition(s) in violation of section 8-203;  provided that the public officer shall grant one or more extensions of the 10 day period if the owner or agent of the property demonstrates due diligence is being exercised in the abatement of conditions in violation of section 8-203.

(b)   Any person directly affected by the notice or decision of the public officer shall have the right to appeal to the board of appeals by providing a written application stating the basis for appeal. Such appeal must be based on a claim that the true intent of this code or the rules legally adopted have been incorrectly interpreted. Application for appeal must be received within twenty days after the notice was served.

(c)   Failure to abate the condition(s) or to request a hearing with the board of appeals may result in prosecution as provided by section 8-209 and/or abatement of the condition(s) by the City as provided by section 8-210.

(Ord. 60; Ord. 211; Code 2021)

Should the person or property owner fail to comply with the notice to abate the nuisance the public officer may issue a citation against such person or property owner requiring appearance of such person or property owner in the municipal court of the City against such person and upon conviction of any violation of provisions of section 8-203, be fined in an amount not to exceed $100.00 a day, but not less than $25.00 a day, plus court costs, or be imprisoned not to exceed 30 days or be both fined and imprisoned. The daily fine amount shall accrue from the time of issuance of citation until a conviction by a competent court in Linn Valley, Kansas.

(Ord. 60; Code 2021; Ord. 238)

In addition to, or as an alternative to prosecution as provided in section 8-209, the public officer may seek to remedy violations by abatement of the violation through either or both of the below describes sets of procedures:

(a)   If the person to whom a notice has been sent pursuant to section 8-207 has not alleviated the conditions causing the alleged violation within the time period specified in section 8-208, 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 provide that the costs incurred by the City shall be charged against the lot or parcel of ground on which the nuisance was located as provided in section 8-212. A copy of the resolution shall be served upon the person in violation in one of the following ways:

(1)   Personal service upon the person in violation;

(2)   Service by certified mail, return receipt requested; or

(3)   In the event the whereabouts of such person 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 and filed with the city clerk, and the serving of the resolution shall be made by publishing the same 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. Or in the alternative:

(b)   If the owner or agent fails to comply with the requirement of the notice for a period longer than that named in the notice, the city shall proceed to have the vehicle(s) described in the notice summarily removed from the lot or parcel of ground. In this case, the city shall give notice to the owner or agent by certified mail, return receipt requested, of the total cost of such abatement or removal incurred by the city. Such notice also shall state that payment of such cost is due and payable within 30 days following receipt of such notice. The city also may recover the cost of providing notice, including any postage, required by this section. If the cost of such removal or abatement and notice is not paid within the thirty-day period, the cost shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed and charged against the lot or parcel of ground in the manner described in section 8-212, or the city may undertake to collect the said costs by both processes simultaneously.

(Ord. 60; Ord. 179; Code 2021)

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.

(Ord. 60; Code 2021)

If the City abates the nuisance pursuant to section 8-210, 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 in this article. 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.

(Ord. 60; Code 2021)