ORDINANCE NO. 773
AN ORDINANCE DECLARING CERTAIN MATTERS AS MOTOR VEHICLE NUISANCES WITHIN THE CITY OF MEADE, KANSAS; PROVIDING FOR THE REMOVAL OR ABATEMENT OF MOTOR VEHICLE NUISANCES; AUTHORIZING THE ASSESSMENT OF COSTS AND PROVIDING FOR PENALTIES; AND REPEALING ALL OTHER ORDINANCES OF PARTS THEREOF OF THE CITY OF MEADE, KANSAS, IN CONFLICT HEREWITH.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS:
Section 1. 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:
Section 2. DEFINITIONS. As used in this ordinance, unless the
context clearly indicates otherwise:
Section 3. NUISANCES UNLAWFUL; DEFINED; EXCEPTIONS. It shall be unlawful for any person to maintain or permit any motor vehicle nuisance within the city.
Section 4. PUBLIC OFFICER. The mayor, with Council approval, shall designate a public officer to be charged with the administration and enforcement of this ordinance.
Section 5. COMPLAINTS; INQUIRY AND INSPECTION. The public officer shall make inquiry and inspection of premises upon receiving a complaint or complaints in writing signed by five 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 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.
Section 6. RIGHT OF ENTRY. It shall be a violation of this ordinance to deny the public officer 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.
Section 7. NOTICE. Any person found by the public officer to be in violation of Section 3 shall be served a notice of such violation. The notice shall be served by restricted mail, postage prepaid, return receipt requested; provided, that if the owner or his or her agent in charge of the property is a resident of Meade County, Kansas, the notice shall be personally served by the public officer or a law enforcement officer.
Section 8. SAME; CONTENTS. The notice shall state the condition(s)
which is (are) in violation of Section 3. The notice shall also
inform the person that:
Section 9. FAILURE TO COMPLY; PENALTY. Should the person 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 and upon conviction of any violation of provisions of Section 3, be fined in an amount not to exceed $ 100.00 or be imprisoned 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 offence.
Section 10. ABATEMENT. In addition to, or as an alternative to
prosecution as provided in Section 9, the public officer may seek to
remedy violations of this article in the following manner. If a
person to whom a notice has been sent pursuant to Section 7 has
neither alleviated the conditions causing the alleged violation nor
requested a hearing before the governing body within the time period
specified in Section 8, 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.
Section 11. DISPOSITION OF VEHICLE. Disposition of any motor vehicle removed and abated from private property pursuant to this ordinance shall be as provided by K.S.A. Supp. 8 – 1102, as amended.
Section 12. HEARING. If a hearing is requested within the 10 day period as provided in Section 8, 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 before the governing body. The hearing shall be held by the governing body 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. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in Section 10.
Section 13. COSTS ASSESSED. If the city abates the nuisance pursuant to Section 10, 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 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.
Section 14. That all other ordinances or parts thereof in conflict
herewith are hereby repealed.
ADOPTED AND APPROVED by the Governing Body, this 11th day of February, 2002.
LEROY LEMASTER, MAYOR
DENNIS R. ECKHOFF, CITY CLERK
|The City of Meade
132 South Fowler
PO Box 338
Meade, KS 67864-0338
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