The governing body finds that vintage, classic, muscle, and modern classic cars that being restored are not considered an inoperable vehicle if they meet the following criteria:
1. The property owner or the occupant has obtained a permit to restore vehicle and it is valid.
2. Permits will be valid for 90 days with possible additional 90 days for the second permit and the permits are not over 180 days.
3. The property owner or the occupant does not have more than one (1) permit at any one time.
4. The City shall only have 50 outstanding permits at any one time. No permit holder can have more than two (2) permits for the same property in the same calendar year. Any permit requesters that are not able to obtain a permit due to the above restriction shall be placed on a first come/first serve list for the following year.
5. The vehicle(s) should be stored in the front yard limited to immediately adjacent to the garage on a hard surface or in the backyard immediately adjacent to the garage or shed where tools are stored.
6. The vehicle(s) will have a car cover when the car is stored and no one is working on the vehicle. (The type of car cover is determined by the city)
7. Parts for the vehicle are stored in a secured area indoors.
As defined by the Classic Car Club of America and used in this ordinance, unless the context clearly indicates otherwise:
1. Vintage Car: is a car built between 1919 and 1930.
2. Classic Car: is a car built between 1931 and 1960.
3. Muscle Car: is a car built between 1961 and 1974.
4. Modern Classic Car: is a vehicle that is at least 25 years preceding the current year.
The provisions of this ordinance shall not apply to:
1. Any material or vehicle which is enclosed in a garage or other building;
2. To any person conducting a business enterprise in compliance with existing zoning regulations.
Permit fees shall be set by resolution.
The public officer shall make inquiry and inspection of the premises upon receiving a complaint stating that a code violation exists and describing the same. The public officer may make such inquiry and inspection when he or she observes conditions which appear to constitute a code violation. Upon making any inquiry and inspection the public officer shall make a written report of findings.
The public officer, and their authorized assistants, employees, contracting agents or other representative are hereby given the right to enter onto private property at reasonable hours to inspect and make inquiry to determine if a nuisance exists or has been abated. If entry is denied, the public officer may seek an order for this purpose from a court of competent jurisdiction. The public officer is not authorized to enter residences or buildings.
It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or their authorized representative from entering upon any such lot or piece of ground or from proceeding with such nuisance removal. Such interference shall constitute a Class B misdemeanor and, upon conviction thereof, shall be punishable by a fine of not less than $50 or more than $500, or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Each separate day or part thereof shall constitute a separate offense.
Any person, corporation, partnership or association found by the public officer to be in violation of Section 10-301, or any other section of the Zoning Regulations or Municipal Code shall be served a notice of such violation. The notice shall be served by certified mail, return receipt requested, or personally served by the public officer or a law enforcement officer to the owner, agent, and/or occupant in charge of the property.
The notice shall state the condition(s) which is (are) in violation of Section 10-301, the Zoning Regulations or the Municipal Code. The notice shall also inform the person, corporation or association that:
1. He, she, or they shall have ten (10) days from the date of personal service of notice, or three days in addition to the ten days if service is by certified mail (the three days to begin the day after the date of the letter), to abate the condition(s) in violation of Section 10-301; or
2. He, she, or they shall have ten (10) days from the date of personal service of notice, or three days in addition to the ten days if service is by certified mail (the three days to begin the day after the date of the letter), to request a hearing before the governing body of the matter as provided by Section 10-312;
3. Failure to abate the condition(s) or to request a hearing with the time allowed may result in prosecution as provided by Section 10-310.
1. A permit can be revoked should the owner, agent, and/or occupant in charge of the property is in violation of any of the provisions of Section 10-301.
2. If an owner, agent, and/or occupant in charge of the property have had a permit revoked for violation of the provisions of Section 10-301, the owner, agent, and/or occupant in charge of the property shall be prohibited from obtaining a permit for three (3) years.
3. Should the person fail to comply with the notice to abate the code violation or fail to 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 10-301, be fined in an amount not to exceed one thousand dollars ($1,000) or be imprisoned not to exceed thirty (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.
In addition to, or as an alternative to prosecution as provided in Section 10-310 the public officer may seek to remedy violations of this article in the following manner. The public officer may cause to have the violation removed as provided by K.S.A. Supp.8-1102, as amended. The cost of the removal of the violation, the cost of providing notice, publication in the official city newspaper, including postage, filing fee and a $100 administration fee will be assessed against the owner, occupant, or agent in charge of the property.
If a hearing is requested within the ten (10) day period as provided in Section 10-309, 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 (5) 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 manner provided in Section 10-308.