TITLE 8. HEALTH AND SAFETYTITLE 8. HEALTH AND SAFETY\Chapter 8.12 SALVAGE MATERIALS AND INOPERABLE VEHICLES

As used in this chapter:

A.    “Building and construction materials” means litter, refuse, salvage material, loose lumber and construction materials; provided, that building and construction materials to be used within six months for construction on the premises where properly authorized by building permit may be kept if stored at least eighteen inches off the ground and not closer than forty-eight inches to the wall or fence.

B.    “Inoperable” means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the functions or purposes for which a vehicle was originally constructed.

C.    “Salvage material” means materials which are obtained from construction and building jobs, including blocks of lumber, splinters, planks, stakes, bits of brick, rocks and cement blocks, which are the residue and residuals of a construction project.

D.    “Vehicle” means any automobile, truck, tractor or motorcycle which as originally designed contained an engine, regardless of whether it now or at any other time contained an engine.

(Ord. 699 § 2, 1986)

The governing body of the city finds that junked, wrecked, dismantled, inoperative and abandoned vehicles and the storage and accumulation of iron, steel and other salvage materials, and tires, dilapidated or defunct machinery and equipment of any kind, and building and construction materials of any kind, in and upon private real property within the city is a matter affecting the health, safety and general welfare of the citizens of the city for the following reasons:

A.    Such properties and conditions serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

B.    They are dangerous to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or supports, and because they are a ready source of fire and explosion;

C.    They encourage pilfering and theft, and constitute a blighting influence upon the area in which they are located, thereby causing a loss in property value to surrounding property;

D.    They constitute a fire hazard in that they block access for fire equipment to adjacent buildings and structures.

(Ord. 699 § 1, 1986)

Except as hereinafter provided, it is unlawful for any person, partnership, corporation or their agent, either as owner, lessee, tenant or occupant of any lot or parcel of land within the city, to park, store or deposit or permit to be parked, stored or deposited thereon any inoperable motor vehicle, including any wrecked, junked, dismantled or abandoned vehicle, or to permit the accumulation of iron, steel or other salvage materials, or building and construction materials of any kind thereon unless the same are enclosed in a garage or other building.

(Ord. 699 § 3, 1986)

The provisions of Section 8.12.030 of this chapter shall not apply to any person, firm, corporation or partnership or their agent with one vehicle inoperable for a period of thirty consecutive days or less.

(Ord. 699 § 4, 1986)

The provisions of Section 8.12.030 of this chapter shall not apply to any person, firm or corporation, or their agent, who is 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 using adjacent thoroughfares, and to prohibit ready access to such vehicles by children; provided, however, that nothing herein shall be construed to authorize the construction of any such fence or screen where such construction is prohibited by chapter.

(Ord. 699 § 5, 1986)

Anyone of the following conditions shall raise the presumption that a vehicle is inoperable:

A.    Absence of a legally sufficient and valid registration plate upon such vehicle;

B.    Placement of the vehicle or parts thereof upon jacks, blocks, chains or other supports;

C.    Absence of anyone or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways of the city and the state.

(Ord. 699 § 6, 1986)

A.    Upon the making of an informal complaint to the city clerk, or notice is given to him of the existence of an apparent violation of this chapter, he shall within seven days thereafter cause to be served upon the person in possession of or the owner of the real property upon which such illegal property is located, a notice in writing advising the owner or occupant of the existence of the condition in violation of this chapter.

B.    Such notice shall inform such person of the violation and shall further direct such person to take action within seven days thereafter following the receipt of such notice to comply with the provisions of this chapter and that, upon his failure or refusal to do so, he will be prosecuted under this chapter.

C.    In the event of the failure of the person so notified to comply with the provisions of this chapter, it shall be the duty of the city attorney to commence prosecution for violation of this chapter.

(Ord. 699 § 7, 1986)

Notwithstanding the provisions of Section 8.12.070 of this chapter, and regardless of whether or not the person or persons mentioned herein have been charged with a violation of this chapter, the chief of police, after the giving of notice required by Section 8.12.070, and if the requirements of such notice have not been complied with upon the expiration of such seven-day period, shall cause the vehicle or vehicles and/or other conditions in violation of this chapter, as defined in Section 8.12.010 hereof, to be removed to such suitable place for storage as may be designated by the city manager.

(Ord. 699 § 8, 1986)

Any vehicle or other material subject to the provisions of this chapter which has been impounded by the police department shall be sold and disposed of in the following manner:

A.    If the vehicle has displayed thereon a registration plate issued by the state of Kansas, the city shall notify by registered mail the registered owner of the vehicle, addressed to the address shown on the certificate of registration, and the lienholder, if any, giving notice to the same to claim the vehicle in thirty days from the date of mailing the notice, or the vehicle will be sold at public auction sale for cash. The titleholder or registered owner of a vehicle not displaying such a registration plate shall be notified and the vehicle sold as hereinafter in this chapter set forth. The city shall exercise reasonable diligence in determining the title owner or registered owner of vehicles, and shall inquire by mail of the office of the register of deeds of the county in which the title shows the owner resides as to any lienholder of record.

B.    After thirty days from the date of mailing notice, if the abandoned motor vehicle is more than four model years of age, or after sixty days from date of mailing notice if the abandoned vehicle is four model years of age or less, the city shall publish a notice once a week for two consecutive weeks in the official city newspaper, which notice shall as accurately as possible describe the vehicle. In the case of a motor vehicle, such description shall be by name of maker, color, serial number and owner, if known. The notice shall state that the same has been impounded by the city and that the same will be sold at public auction to the highest bidder, for cash, if the owner thereof does not claim the same within ten days of the date of the second publication of the notice and pay the removal and storage charges and publication costs incurred by the city.

C.    If such motor vehicle does not display a registration plate issued by the Motor Vehicle Department of the Highway Commission of this state and is not registered with such Department, the city may, after thirty days from the date of abandonment, publish a notice in the official city newspaper, which shall describe the motor vehicle by name of maker, model, color and serial number and stating that the same has been impounded by the city and the same will be sold at public auction to the highest bidder for cash if the owner thereof does not claim the same within ten days of the date of the second publication of the notice, and pay the removal and storage and publication charges incurred by the city.

D.    All proceeds from the sale of vehicles under this section shall go first toward satisfying the towing, storing, publication and other expenses of the city, with the surplus, if any, going to the general fund of the city.

(Ord. 699 § 9, 1986)

After any vehicle is impounded and stored, as aforesaid, the same shall not be released until all charges connected with the removal, towing, publication and storage of such vehicle have been paid. If any vehicle and/or materials are offered at public auction but are not sold, the city shall properly dispose of such vehicle and/or materials.

(Ord. 699 § 10, 1986)

Any person, firm or corporation violating any of the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined in an amount not to exceed one hundred dollars, or be imprisoned not to exceed thirty days, or both so fined and imprisoned. Each day during or on which a violation occurs or continues shall constitute a separate offense.

(Ord. 699 § 11, 1986)