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.
(Ord. 493; Code 2018)
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) The City Council is hereby designated and appointed to exercise the powers prescribed by this article, and they or their appointed agents (i.e. city Clerk, City Police) shall be hereafter referred to as the Public Officer in this article.
(Ord. 493; Code 2018)
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;
(a) Absence of a current registration plate on the vehicle;
(b) Placement of the vehicle or parts thereof upon jacks, blocks, or other support;
(c) Incapable of moving under its own power;
(d) Absence of one or more parts of the vehicle necessary to the lawful operation of the vehicle upon a public street or highway.
(e) In partially dismantled, junked, or wrecked condition.
(Ord. 493; Code 2018)
(b) The provisions of this article shall not apply to any motor vehicle which is enclosed in a garage or other building, or to any motor vehicle which is inoperable for a period of 30 days or less.
(Ord. 493; Code 2018)
The Public Officer shall make inquiry and inspection of premises upon receiving a complaint from any responsible citizen to the effect that a nuisance exists. Also, the Public Officer may make inquire and inspection of premises when it determines on its own motion or through personal observance conditions which appear to constitute a motor vehicle nuisance.
(Ord. 493; Code 2018)
Any person, partnership, association, corporation, or their agent, found by the Public Officer to be in violation of this article shall be served with a Notice of such violation. Said Notice shall be served either personally by the Public Officer, or by means of certified mail, return receipt requested.
(K.S.A. 12-1617e; Ord. 493; Code 2018)
The Notice shall state the condition(s) which constitute a violation of this article. The Notice shall also inform the person, partnership, association, corporation, or their agent:
(a) He, she or they shall have 10 days from the date of serving the Notice to abate the condition(s) which are in violation of this article; or
(b) He, she or they have 10 days from the date of serving the Notice to request a hearing before the governing body of the City of Marquette, Kansas.
(Ord. 493; Code 2018)
Should the person, partnership or association, or corporation fail to comply with the Notice to abate or, in the alternative, request a hearing, the Public Officer may file a complaint in the municipal court of the City of Marquette against such person, partnership, association, corporation, or their agent, and upon conviction of any violation of this article in said Court, be fined in the amount not to exceed $100.00. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Ord. 493; Code 2018)
In addition to, or as an alternative to City Court prosecution, the Public Officer may seek to remedy violations of this article in the following manner: If the person, partnership, association, corporation, or their agent to whom a Notice has been sent has neither abated the condition(s) causing the alleged violation, nor requested a hearing before the governing body within the time period allowed by this article, the Public Officer may present a Resolution to the governing body for adoption authorizing agents of the City to abate the condition(s) causing the violation at the end of 10 days after passage of the resolution.
Said Resolution shall provide that the costs incurred by the City of Marquette shall be charged against the lot or parcel of ground on which the nuisance is located. A copy of said Resolution shall be served upon the person, partnership, association, corporation, or their agent, in violation of this article either by means of personal service or by means of certified mail, restricted delivery, with return receipt requested. In the event the whereabouts of such person or persons are unknown, and he, she or they cannot be found with 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.
(Ord. 493; Code 2018)
If a hearing is requested within the 10-day period as provided for above in Section 8-206, such request shall be made in writing and served upon 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. Any requested hearing shall be held by the governing body as soon as possible after the filing the request therefor, and the person requesting the hearing shall be advised as to the time and place at least five day in advance thereof. At such hearing, the person or persons may be represented by counsel, and the person or persons and 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 as to whether a nuisance exists. If such nuisance is determined, a Resolution shall be presented to the governing body for adoption authorizing agents of the city to abate the conditions causing the nuisance or violation at the end of 10 days or such other reasonable time as set by the city is said Resolution. The serving of said Resolution is set forth in 8-208.
(Ord. 493; Code 2018)
Disposition of any motor vehicle removed and abated from private property pursuant to this article shall be made according to K.S.A. 8-1102, as amended.
(Ord. 493; Code 2018)
If the City of Marquette abates a nuisance pursuant to this article, the costs of abatement shall be charged against the lot or parcel of ground upon which the nuisance is located. The City shall give notice to the owner or agent by certified mail of the total cost of such abatement or removal incurred by the City. Such notice also shall state that the payment of such cost is due and payable within 30 days following serving of such notice. The city may also 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 30-day period, the cost shall be collected in the manner provided by K.S.A. 1989 Supp. 12-1, 115 and amendments thereto, or shall be assessed and charged against the lot or parcel of ground upon 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 of Marquette as other city taxes are collected and paid.
(Ord. 493; Code 2018)