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ORDINANCE NO. 849

  

AN ORDINANCE REGULATING STORAGE CONTAINERS IN CERTAIN DISTRICTS WITHIN THE CITY OF MEADE, KANSAS.

 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MEADE, KANSAS.

SECTION 1. 

PURPOSE:

 (1) To promote the health, safety, comfort, and general welfare of the citizens of Meade.

(2) To provide an aesthetically pleasing appearance to the residential and manufactured home districts within the City of Meade.

(3) Preventing the use of storage containers in flood plain areas within the city limits.

SECTION 2.  

APPLICABILITY: This ordinance shall not prevent the use of storage containers with proper permitting to be placed at construction sites during construction activities.

For construction purposes a container can not be placed longer than one year without renewing permitting and city council approval. 

SECTION 3

DEFINITIONS:

Floodplain-

F-P, Floodplain District

Any area that is shown as flood plain on the city zoning map

 Manufactured Home Districts -

M-H, Manufactured Home District

M-P, Manufactured Home Park District

 Public Officer - The designated public officer or a law enforcement officer.

 Residential Districts-

R-S, Residential Suburban District

R-1, Single - Family Dwelling District

R-2, Two- Family Dwelling District

R-3, Multiple - Family Dwelling District

 Storage Containers – Any large box like storage container that is hauled by truck or trailer that is designed to be rented, leased, or sold on a temporary or permanent basis.

May also be referred to as a storage unit or storage pod.  

SECTION 4

PERMITTING. Before a storage container can be placed on a property it is the responsibility of the property owner to submit a building permit for review and acceptance by the City Planning Committee and the City Council.  

SECTION 5.

 VIOLATION; DEFINED:

 (a) No person, cooperation, partnership, association or business shall park, store or place a storage container in a residential, mobile home, or flood plain district within the City of Meade.

                                                               SECTION 6.

 GRANDFATHER CLAUSE. All storage containers that are presently located in a residential, manufactured home or flood plain districts on the date this ordinance takes affect have a three year grace period.

After three years the storage container must be moved from the district. 

Any grandfathered storage container that is moved from its present location loses grandfathered status. 

SECTION 7.

PUBLIC OFFICER; DUTIES. The Mayor, with the Councils approval, shall designate a public officer to be charged with the administration and enforcement of this ordinance. The public officer may make inquiries and inspections when he or she observes conditions which appear to constitute an ordinance violation.

SECTION 8.

 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 an ordinance violation exists.  

SECTION 9. 

NOTICE . Any person, cooperation, partnership, association or business found by the public officer to be in violation of section 4 shall be served a notice of such violation. The notice shall be served by certified mail, postage paid, return receipt requested; provided, that if the owner or his or her agent in charge of the property or storage container is a resident of Meade County, Kansas the notice may be served by the public officer or a law enforcement officer.

                                                                                         SECTION 10.

 SAME; CONTENTS. The notice shall state the condition (s) which is (are) in violation of Section 4. The notice shall inform the land owner or the storage container owner that:

(a) He, she or they shall have 10 days from the date of receiving the notice to abate the condition (s) in violation of Section 4 or

(b) He, she or they have 10 days from the date of receiving the notice to request a hearing before the governing body of the matter as provided by Section 10.

(c) Failure to abate the condition (s) or to request a hearing within the time allowed may result in prosecution as provided by Section 9. 

SECTION 11.

 FAILURE TO COMPLY; PENALTY. Should the person, corporation, partnership, association, or business fail to comply with the notice to abate the condition (s) 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 Section 4, be fined in an amount not to exceed $500 per day or be imprisoned not to exceed 30 days or be both fined and imprisoned. 

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, 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 council, and the person and the city may introduce such witnesses and evidence as deemed necessary and proper by the governing body. The hearing need not be conducted according to formal rules of evidence. Upon conclusion of the hearing, the governing body shall make a decision on the issue and provide a written determination to the person in violation by personal service or by restricted mail, postage prepaid, return receipt requested.

SECTION 13.

 That all other ordinances of the City of Meade, Kansas, or parts thereof in conflict herewith are hereby repealed.

SECTION 14.

 This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper.

            ADOPTED AND APPROVED by the Governing Body, this ____ day of ____________, 2013.

 

                                                                                    ______________________________

                                                                                    Richard Knott, Mayor

 

ATTEST:

 _______________________________

Tiffany Neel, City Clerk

 

  

 

The City of Meade
132 South Fowler
PO Box 338
Meade, KS  67864-0338

Ph. (620) 873-2091
Fax (620) 873-2635

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