(a) Definitions: Shipping Container – structure constructed or originally intended for use as a shipping container whether as a transportation vehicle or separate structure.
(b) Permanent placement of storage containers is prohibited in any front or side yard.
(c) Storage containers may only be placed permanently in areas Zoned Business or Industrial but must meet all guidelines for accessory structures and must have wheels and axles removed.
(d) Storage containers may be placed in areas zoned Residential on a temporary basis only but not for more than two (2) weeks. Storage containers placed for temporary use may be located at the front of any property but may not be placed on the street or be placed in such a way as to restrict the line of sight of any vehicle(s) entering in any direction on that street.
(e) Placement of storage containers after two weeks may be extended for 90 days by approval of City Superintendent or City Council in writing. If approved an additional fee of $20.00 shall be assessed. Any placement beyond 90 days must be brought before the City Council for approval and if approved an additional fee shall be assessed by the council not to exceed $20.00.
(Ord. 637; Code 2014)
The City Council shall designate the Code Enforcement Officer to be charged with the administrative and enforcement of this article.
(Ord. 637; Code 2014)
The Code Enforcement Officer shall make inquiry and inspection of premises upon receiving a complaint or complaints stating and describing the same and where located. The Code Enforcement Officer may also make such inquiry and inspection when he or she observes conditions, which appear to constitute a violation.
(Ord. 637; Code 2014)
(a) The City Attorney shall cause to be served upon the owner, any agent of the owner of the property or any other person, corporation, partnership or association found by the Code Enforcement Officer to be in violation of Section 8-1101 a notice stating the violation. The notice shall be served on the owner or agent of such property by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the owner is a nonresident, then by mailing the order by certified mail, return receipt requested, to the last known address of the owner.
(b) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further notice to abate or remove a shipping or storage container from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
(K.S.A. 12-1617e; Ord. 637; Code 2014)
The notice shall state the condition(s) which is (are) in violation of Section 8-1101. The notice shall also inform the person, corporation, partnership or association that (a) He, she or they shall have 10 days from the receipt of the notice to abate the condition(s) in violation of Section 8-1101; or (b) He, she or they shall have 10 days from receipt of the notice to request a hearing before the governing body or its designated representative of the matter as provided in Section 8-1108; or (c) Failure to abate the condition(s) may result in prosecution as provided by Section 8-1106
(Ord. 637; Code 2014)
Should the person fail to comply with the notice to abate the condition or request a hearing, the Code Enforcement 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 8-1101, 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 offense.
(Ord. 637; Code 2014)
In addition to, or as an alternative to prosecution as provided in Section 8-1106, the Code Enforcement Officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been sent pursuant to Section 8-1104 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body or its designated representative within the time period specified in Section 8-1105, the Code Enforcement Officer may present a resolution to the governing body for adoption authorizing the Code Enforcement Officer or other agent of the city to abate the condition causing the violation at the end of 10 days after passage of the resolution.
The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the shipping or storage container was located as provided in Section 8-1109. A copy of the resolution shall be served upon the person in violation in one of the following ways:
(a) Personal service upon the person in violation;
(b) Service by certified mail, return receipt requested; or
(c) 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 Code Enforcement 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.
(d) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a shipping or storage container form such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.
(Ord. 637; Code 2014)
If a hearing is requested within the 10 day period as provided in Section 8-1105, such request shall be made in writing to the governing body or its designated representative. Failure to make a timely request for a hearing shall constitute a waiver of the person’s right to contest the findings of the Code Enforcement Officer. The hearing shall be held by the governing body or its designated representative 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 property by the governing body or its designated representative. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the finding of the governing body or its designated representative shall be prepared in resolution form, adopted by the governing body, and the resolution shall be served upon the person in the matter provided in Section 8-1104.
(Ord. 637; Code 2014)
If the city abates or removes the nuisance pursuant to Section 8-1107, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including any postage, required by this section. The notice shall also state that if the cost of removal or abatement is not made within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessment and charged against the lot or parcel of land on which the container was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.
(Ord. 637; Code 2014)