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Ordinance No. 266

AN ORDINANCE MAKING IT UNLAWFUL TO MAINTAIN OR PERMIT A MOTOR
VEHICLE NUISANCE ON PRIVATE PROPERTY WITHIN THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,KANSAS, THAT:

Section One

FINDINGS OF GOVERNING BODY

The Governing Body finds that junked, wrecked, dismantled, inoperative or abandonedmotor vehicles affect the health, safety, and general welfare of citizens of the City. They
constitute a motor vehicle nuisance, in that they:

a. serve as breeding grounds for insects, rats, and other rodents;

b. are dangerous to persons, particularly children, because of glass, metal
protrusions, or mounting upon 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 where they are located; or

f. constitute a fire hazard because they frequently block access for fire personnel
and equipment to adjacent buildings and structures.

Therefore, except as clearly indicated in this Ordinance, it is hereby made unlawful for
any person or entity to maintain or permit any motor vehicle nuisance to exist on private
property within the City.

Section Two
DEFINITIONS AND EXCLUSIONS

As used in this Ordinance, unless the context clearly indicates otherwise:

a. "Agent" means any person or entity designated by an owner of a motor vehicle
in documents filed with the Kansas Secretary of State for service of process on that
owner; any person appointed by a court of competent jurisdiction to act for an owner in
such matters; and any person or entity designated as an agent by any motor vehicle
owner in a writing signed by the owner and received by the City in regard to enforcement
of this Ordinance.

b. "Inoperable" means a condition of being junked, wrecked, wholly or partially
dismantled, discarded, or unable to perform the function or purpose for which it was
originally constructed or modified.

c. "Motor vehicle" means, without limitation, any vehicle which, as originally built or
modified, had an engine, regardless of whether it now contains an engine or did contain
an engine at any other time.

d. "Motor vehicle nuisance" is any motor vehicle which is not currently registered
and tagged pursuant to K.S.A. 8-126 through 8-149, as amended; which is parked in
violation of any City ordinance; which is incapable of moving under its own power; or
which is in a junked, wrecked, or inoperable condition.

e. "Person" or "entity," means, without limitation, an individual, estate, trust,
corporation, company, partnership, association, or organization.

f. "Vehicle" means, without limitation, any automobile, van, truck, tractor, farm
implement or machinery, commercial vehicle, motorcycle, or recreational vehicle.

g. If it meets one of the following conditions, there shall be a presumption that a
motor vehicle is junked or wrecked:

(1) Absence of a current registration plate, license plate, or other legal
registration insignia visible and legally in place upon the motor vehicle;

(2) Placement of the motor vehicle or parts thereof upon jacks, blocks, or
other supports;

(3) Absence of one or more parts necessary for the lawful operation of the
motor vehicle upon a street or highway.

(4) Placement of materials or property within the vehicle which would
preclude lawful operation of the vehicle upon a street or highway.

h. The provisions of this Ordinance shall not apply to:

(1) any motor vehicle which is enclosed in a garage or other building; or to

(2) the parking or storage of an inoperable vehicle on private property for a
period of up to thirty (30) consecutive days; or to

(3) any person or entity conducting a business enterprise on private
property in compliance with existing zoning regulations; or any person or entity
who places vehicles on private property behind an enclosure or screening
of at least eight feet in height and of size, strength, and density to sufficiently
screen such vehicles from the view of the public and prohibit ready access
by children to such stored vehicles.

h. Notwithstanding the foregoing, nothing in this Ordinance shall be construed to
authorize maintenance on private property of any vehicle in such manner or condition as
to constitute a nuisance as defined under Ordinance No. 260. Nor shall anything in this
Ordinance be construed to alter the meaning or enforcement of Ordinance No. 260.

Section Three

PUBLIC OFFICER; COMPLAINTS; INQUIRY AND INSPECTION

The Governing Body shall designate a Public Officer, who shall be charged with
administration and enforcement of this Ordinance. The Public Officer shall make inquiry
and inspection of the premises, either (1) upon receiving a signed complaint from two or
more persons, stating their beliefs that a motor vehicle nuisance exists and describing the
nuisance and where it is located; or (2) after being informed by a board of health, a chief
of police, or a fire chief that a motor vehicle nuisance may exist. The Public Officer also
may make such inquiry and inspection upon personal observation of a condition which
appears to the Public Officer to be a motor vehicle nuisance. Upon making any inquiry
and inspection, the Public Officer shall make a written report of findings and present it to
the Governing Body at a scheduled regular or special meeting.

Section Four

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 whether a motor vehicle nuisance exists. The Public Officer shall
enter upon the premises at reasonable hours for the purpose of making such inspections.
Entry shall be made to cause the least possible inconvenience to any person in
possession of the premises. Notwithstanding the foregoing, if entry is denied by such
person, the Public Officer shall seek an order or warrant from an administrative body or
court of competent jurisdiction before entry.

Section Five
ORDER OF VIOLATION

a. Upon review of the written report of the Public Officer, the Governing Body shall
decide whether to issue an Order of Violation to (1) the known owner(s) of any motor
vehicle which the Governing Body finds to be in violation of this Ordinance, and (2) any

owner(s) of the real property on which the motor vehicle is currently placed. Such Orders
shall issue in the name of the Governing Body, be served as required in this Ordinance,
and contain all notices and any other information required by this Ordinance and K.S.A.
12-1617e(e), as amended.

b. Whether or not a motor vehicle identified in an Order of Violation has a
registration plate issued by the Department of Revenue, Kansas Division of Vehicles
("DMV"), the City shall request verification from DMV of the last registered owner(s) and
lienholder(s). Upon such verification, the Public Officer shall serve the Order of Violation
on (1) the registered owner(s) or their agent(s) at the address shown on the certificate of
registration, (2) any lienholder of record in the county in which the title shows an owner
resides, if the lien is registered, (3) the owner(s) of the property, or their agent(s), where
the motor vehicle is located, and (4) any other person or entity with a reasonably
perceived possible legal interest in the motor vehicle. Service shall be made by certified
mail, return receipt requested, or by personal service.

c. However, if any person or entity has failed to accept delivery or otherwise failed
to effectuate receipt of an Order of Violation sent pursuant to this Section Five during the
preceding twenty-four (24) month period, the Governing Body may provide notice of the
issuance of any further orders to abate or remove a motor vehicle nuisance by other
methods, including, but not limited to, door hangers on the property where the vehicle is
located, conspicuous posting of such orders elsewhere on the property, personal service,
or notification by electronic communication or first class mail.

Section Six

CONTENT OF ORDER OF VIOLATION

The Order of Violation shall identify each person or entity known or reasonably perceived
to be an owner, lessor, lessee, or other person or entity with a possible legal claim to the
vehicle(s) ("the "Requestors") and shall state that:

a. A Requestor shall have fifteen (15) calendar days from the date of service of
the Order of Violation to abate or remove the identified motor vehicle which is in violation
of this Ordinance; or

b. in the alternative, the Requestor shall have fifteen (15) calendar days from the
date of service of the Order of Violation to request a hearing before the Governing Body
as provided in Section Seven; and

c. failure to either (1) abate or remove the motor vehicle nuisance identified in the
Order of Violation or (2) request a hearing within the time allowed may result in
prosecution as provided in Section Eight and/or removal, impoundment, and disposition
of the

Section Seven
HEARING

a. Failure to make timely service of a request for a hearing before the Governing
Body shall constitute a waiver of the Requestor's right to contest the findings of the
Governing Body as to the existence of a violation of this Ordinance as set forth in the
Order of Violation served on the Requestor.

b. If a hearing is requested as provided in Section Six, the request shall be made
in writing to the Governing Body and timely served, either by (1) personal service on an
employee or official of the City at City Hall on or before the end of the fifteen (15)-day
period or (2) first class mail postmarked on or before the end of the fifteen (15)-day period.

c. A hearing shall be held by the Governing Body as soon as possible after service
filing of a request for a hearing, and the Requestor shall be advised by the City of the time
and place of the hearing at least five (5) working days in advance of the hearing.

d. At any such hearing, the Requestor may be represented by another individual,
and the Requestor 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 formal rules of evidence. Upon conclusion of the hearing, the Governing
Body shall record its determination of the matter by adopting a resolution and serving the
resolution upon the Requestor by service as provided in Section Nine.

Section Eight

FAILURE TO COMPLY; PENALTY

If any person or entity served with notice as specified in Section Five has neither complied
with the Order of Violation to abate the violation, nor removed the designated vehicle, nor
requested a hearing before the Governing Body within the time periods specified in
Section Six, then the Governing Body may direct the Public Officer to file a complaint in
the Municipal Court of the City against such person or entity. Upon conviction of any
violation of this Ordinance, such person or entity may be fined in an amount not to exceed
one hundred dollars ($100.00), or be imprisoned not to exceed 30 days, or be both so
fined and imprisoned. Each day during or on which a violation occurs or continues after
an Order of Violation has been served shall constitute an additional or separate offense.

Section Nine

REMOVAL AND IMPOUNDMENT BY THE CITY

FIRST NOTICE OF IMPOUNDMENT

In addition or as an alternative to prosecution as provided in Section Eight, the Governing
Body may seek to remedy and abate violations of this Ordinance in the following manner,
pursuant to K.S.A. 8-1102(b), as amended, and K.S.A. 12-1617e(e), as amended:

a. If no person or entity on whom an Order of Violation has been served as
specified in Section Five has (1) abated the violation, (2) removed the motor vehicle, (3)
requested a hearing before the Governing Body, or (4) obtained a favorable decision after
a requested hearing under Section Seven, within the time periods specified in Section
Six, then the Governing Body may adopt a resolution authorizing the Public Officer or
other agent(s) of the City to remove and impound the motor vehicle identified in the Order
of Violation at the end of fifteen (15) days after passage of the resolution, and then to
dispose of the vehicle as provided in K.S.A. 8-11 02(b), as amended.

b. The resolution shall further provide that costs incurred by the City related to
such abatement, including notice, towing, impoundment, and disposition shall be
assessed and may be collected as is provided in Section Thirteen.

c. A notice and copy of the resolution ("First Notice of Impoundment") shall be
served upon a person or entity in violation, or their agent(s) in one of the following ways:

(1) Personal service; or

(2) Service by certified mail, return receipt requested; or

(3) In the event the whereabouts of such person or entity are unknown, and the
same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that
effect shall be made by the Public Officer and filed with the City Clerk; and serving of the
resolution on said person or entity shall be made by publishing the resolution once each
week for two consecutive weeks in the official city newspaper and by posting a copy of
the resolution on the vehicle and on the premises where the motor vehicle is located

Section Ten

DISPOSTION TO OWNERS OR LIENHOLDERS
AFTER FIRST NOTICE OF IMPOUNDMENT

a. Any person or entity who is an owner, or is a lienholder entitled to recover a
motor vehicle impounded as provided in this Ordinance ("Claimant") may, within fifteen
(15) days of the date of impoundment, attempt to recover the vehicle in the following
manner:

Prior to the City's release of the impounded motor vehicle:

(1) The owner or lienholder must make a written claim to recover the
impounded vehicle and show to the Public Officer both (a) proof of valid registration
and (b) proof of ownership of the motor vehicle or proof of a lienholder's right
to possess the motor vehicle; and

vehicle by the City, as provided in Section Nine.

(2) The owner or lienholder must pay to the City its costs incurred for
notice, towing and storing the impounded motor vehicle. All such payments must
be by certified check, money order, or cash, unless a different form of payment is
acceptable to the City under the circumstances.

(3) Release of the vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the vehicle by Claimant from the place
of impoundment, or from such other location as may be determined by the Public
Officer, shall be at the time of payment of costs. All arrangements for and
expenses of removal, including but not limited to towing and hauling, shall be the
sale responsibility and at the expense of the Claimant.

Section Eleven

DISPOSITION AFTER SECOND NOTICE OF IMPOUNDMENT

a. After 30 days of impoundment, unless the vehicle has been released from
impoundment pursuant to Section Ten, the Public Officer shall again request verification
from the DMVofthe last registered owner(s) and any registered lienholder(s) of the motor
vehicle identified in the Order of Violation. Within ten (10) days of receipt of verification,
the City shall give a Second Notice of Impoundment to (1) all those persons or entities
previously served with the Order of Violation and (2) any others identified in the second
verification from the Division of Vehicles.

b. The Second Notice of Impoundment shall be served by certified mail, return
receipt requested, and it must state that if an owner(s) or lienholder(s) of record fails to
claim the motor vehicle and pay the notice, removal and storage costs incurred by the
City, all within fifteen (15) days of the mailing date of the Second Notice of Impoundment,
the vehicle will be advertised by the City for sale at public auction to the highest bidder
for cash.

c. An itemized list of such costs shall be included with the Notice. Said costs
must be paid prior to release of the motor vehicle to the owner(s) or lienholder(s).
Payment must be by certified check, money order, or cash, unless a different form of
payment is acceptable to the City under the circumstances.

d. Release of the vehicle pursuant to the Notice of Impoundment shall be arranged
by the Public Officer. Removal of the vehicle by Claimant from the place of impoundment,
or from such other location as may be determined at the discretion of the Public Officer,
shall be at the time of payment of costs. All arrangements for and expenses of removal,
including but not limited to towing and hauling, shall be the sale responsibility and at the
expense of the Claimant.

Section Twelve

PUBLISHED NOTICE OF SALE, DISPOSITION BY SALE, ISSUANCE OF TITLE

a. If no owner or lienholder has recovered the motor vehicle by claiming it and
paying costs as provided in Section Ten within fifteen (15) days from the date of mailing
of the Second Notice of Impoundment, the City shall proceed to disposition by sale
pursuant to K.S.A. 1617e(e) and K.S.A. 8-1102(a)(2) and shall publish a notice in the
City's official newspaper once for each of two consecutive weeks.

(1) The published notice shall describe the motor vehicle by maker, model, color,
and serial number and any known owner(s) or lienholder(s) and identify the place where
the motor vehicle was located prior to removal by the City.

(2) The published notice shall state that the motor vehicle has been impounded
by the City and will be sold at public auction to the highest bidder for cash, unless an
owner(s) or lienholder(s) of record claims it within ten (10) days of the date of the second
publication notice and pays the removal, storage, notice, and publication costs incurred
by the City.

b. Following a sale by public auction of a motor vehicle determined to be a
nuisance under this Ordinance, the purchaser may file proof thereof with DMV, and DMV
shall issue a certificate of title to the purchaser of the motor vehicle, pursuant to K.S.A.
12-1617e(e).

c. If a public auction is conducted, but no responsible bid is received, the City may
file proof thereof with DMV, which shall issue a certificate of title of such motor vehicle to
the City, pursuant to 12-1617e(e).

Section Thirteen

COSTS ASSESSED

Upon disposition of a motor vehicle nuisance pursuant to this Ordinance, the costs
incurred by the City for abatement, removal, and disposition of the motor vehicle nuisance
to the extent the City's full costs and applicable interest remain unpaid, may be assessed
and collected, in the following manner:

a. Unless the motor vehicle nuisance was removed at the request of or with
consent of the owner(s) of the real property where it was located when the City took
possession, and only if the owner(s) of said real property also had no ownership or
possessor lien interest in that motor vehicle, the City's unpaid costs shall be assessed as
a special assessment and charged against the lot or parcel of land on which the motor
vehicle nuisance was located. The City Clerk, at the time of certifying other City taxes to

the County Clerk shall certify such costs, and the County Clerk shall extend the same on
the tax rolls of the County against the 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; and in
addition:

b. if the special assessment levied by the City remains unpaid for a period of one
year or more after its initial levy, the City may collect the amount of costs and interest
remaining unpaid in the same manner as a personal debt, by bringing an action in the
District Court of Greenwood County, as provided in K.S.A. 12-1617e(d) and K.S.A. 12-
1,115, against the owner(s) of the motor vehicle nuisance.

Section Fourteen

This Ordinance shall be in full force and effect from and after its adoption and publication
in the official City newspaper. Ordinance 261 is hereby repealed.

Adopted by the City Council and approved by the Mayor on February 3,2020.

​

                                                            s/s/John Schouten

                                                            John Schoute, Mayor

​

                                                       attest: s/s/Cynthia Mitchell

                                                       Cynthia Mitchell, City Clerk

​

​

Ordinance No. 267

AN ORDINANCE MAKING IT UNLAWFUL TO ABANDON A MOTOR VEHICLE
ON PUBLIC HIGHWAYS, STREETS, OR PROPERTY OPEN TO PUBLIC USE

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:

Section One

FINDINGS OF GOVERNING BODY

A person or entity shall not abandon a motor vehicle on a public highway, public street,
or property open to use by the public, or leave a motor vehicle unattended in such a
manner as to interfere with highway or street operations or with the intended use of
property open to the public.

When a motor vehicle is so abandoned for more than 48 hours, the City may remove and
impound it. Any motor vehicle left unattended may be moved and impounded by the City
at any time when the motor vehicle interferes with public highway or street operations.

The Governing Body shall designate a Public Officer, who shall be charged with
administration and enforcement of this Ordinance.

Section Two
DEFINITIONS AND EXCLUSIONS

As used in this Ordinance, unless the context clearly indicates otherwise:

a. "Abandoned motor vehicle" means a motor vehicle left within the City limits for
more than forty-eight (48) hours on a public highway, public street, or property open to
use by the public without express authority of the City's Public Officer.

b. "Agent" means any person or entity designated by an owner of a motor vehicle
in documents filed with the Kansas Secretary of State for service of process on that
owner; any person or entity appointed by a court of competent jurisdiction to act for the
owner(s) in such matters; and any person or entity designated by an owner in a writing
signed by the owner and received by the City in regard to enforcement of this Ordinance.

c. "Motor vehicle" means, without limitation, any motor vehicle which, as originally
built or modified, had an engine, regardless of whether it now contains an engine or did
contain an engine at any other time.

d. "Person" or "entity," means, without limitation, an individual, estate, trust,
corporation, company, partnership, association, or organization.

e. "Vehicle" means, without limitation, any automobile, van, truck, tractor, farm
implement or machinery, commercial motor vehicle, motorcycle, or recreational motor
vehicle.

Section Three
IMPOUNDMENT AND DISPOSITION

When a person or entity leaves a motor vehicle within the City limits (1) for more than
forty-eight (48) hours on a public highway, public street, or property open to use by the
public, without express authority of the Public Officer; or (2) at any time when the motor
vehicle is unattended and interferes with public highway operations, the City may remove
and impound the motor vehicle. Such removal and impoundment may be implemented
by any law enforcement officer or by a private contractor at the request of the City.

This Ordinance shall not apply to a person who abandons and leaves a motor vehicle on
property other than public property or property open to use by the public, or to a person
who permits maintenance of an abandoned motor vehicle on private property.
Notwithstanding the foregoing, nothing in this Ordinance shall be construed to authorize
a person or entity to maintain or permit any motor vehicle nuisance on private property,
as provided under Ordinance No. 266; nor shall anything in this Ordinance be construed
to alter the meaning or enforcement of Ordinance No. 266 or Ordinance 260.

Section Four

IMPOUNDMENT, DISPOSITION TO OWNERS OR LIENHOLDERS

a. Any person or entity who is an owner or is a lienholder entitled to recover a
motor vehicle impounded as provided in this Ordinance (a "Claimant") may, within thirty
(30) days of the date of impoundment, attempt to recover the motor vehicle in the following
manner:

Prior to the City's release of the impounded motor vehicle:

(1) The owner or lienholder must make a written claim to recover the
motor vehicle and show to the Public Officer both (a) proof of valid registration and
(b) proof of ownership of the motor vehicle or proof of a lienholder's right to possess
it; and

(2) The owner or lienholder must pay to the City the costs incurred by the
City for towing and storing the impounded motor vehicle. All such payments
must be by certified check, money order, or cash, unless a different form of
payment is acceptable to the City under the circumstances.

(3) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by the Claimant from
the place of impoundment, or from such other location as may be determined by
the Public Officer, shall be at the time of payment of costs. Arrangements for and
expenses of removal, including but not limited to towing and hauling, shall be the
sole responsibility and at the sole expense of the Claimant.

b. If no owner or lienholder has claimed and recovered an impounded vehicle as
provided in Subsection a. of this Section 4, a Claimant may attempt to recover the motor
vehicle in the following manner after passage of thirty (30) days of impoundment:

(1) Not more than thirty (30) days after the City took possession of the
impounded motor vehicle, and whether or not the impounded motor vehicle has
displayed on it a registration plate issued by the Kansas Department of Revenue,
Division of Motor Vehicles ("DMV"), the City shall request verification from DMV of
the last registered owner(s) and any lienholder(s).

(2) Within ten (10) days after the City receives verification from DMV of the
last registered owner(s) and lienholder(s), the City shall mail a Notice of
Impoundment by certified mail, return receipt requested, to the registered
owner(s) or their agent(s) at the address shown on the certificate of registration
and to any lienholder of record in the county in which the title shows an owner
resides, if the lien is registered in Kansas.

(3) The Notice of Impoundment shall state that, if either an owner or any
lienholder with a legal right to recover the motor vehicle does not claim it; pay the
costs incurred by the City for notice, towing, removal, and storage; and remove it
from the City's possession as described in this Ordinance, all within fifteen (15)
days of the date of mailing of the Notice of Impoundment, then the impounded
motor vehicle will be advertised for sale at public auction to the highest bidder for
cash.

(4) An itemized list of such costs shall be included with the Notice of
Impoundment. Said costs must be paid prior to release of the impounded motor
vehicle to the Claimant. Payment must be by certified check, money order, or
cash, unless a different form of payment is acceptable to the City under the
stated circumstances.

(5) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by Claimant from the
place of impoundment or from such other location determined at the discretion of

the Public Officer shall be at the time of payment of costs to the City.
Arrangements for and expenses of removal, including but not limited to costs
of towing and hauling, shall be the sole responsibility and at the sole
expense of the Claimant.

Section Five

PUBLISHED NOTICE OF SALE, DISPOSITION BY SALE, ISSUANCE OF TITLE

If no owner or lienholder has recovered the motor vehicle by claiming it and paying
costs as provided in Section Four, the City shall publish a Notice of Disposition by Sale
in the City's official newspaper once a week for two consecutive weeks.

a. The published Notice of Sale shall describe the motor vehicle by maker, model,
color, serial number, and identify any known owner(s) and lienholder(s); and

b. The published Notice of Sale shall state that the motor vehicle has been
impounded by the City and will be sold at public auction to the highest bidder for cash,
unless an owner or lienholder of record claims and recovers it within ten (10) days of the
date of the second publication of the Notice of Sale.

c. If no owner or lienholder has timely recovered the motor vehicle after the City's
compliance with Subsections a. and b. of this Section, the City may sell the impounded
motor vehicle at public auction for cash.

d. After a sale pursuant to this Ordinance, any purchaser may file proof thereof
with the DMV, and the DMV shall issue a certificate of title to the purchaser of the motor
vehicle, pursuant to K.S.A. 8-11 02(a)(3) and 12-1617e(c). All moneys derived from the
sale of motor vehicles pursuant to this Ordinance, after payment of otherwise
unreimbursed expenses of the impoundment and sale incurred by the City, shall be paid
into the fund of the City which is used by it for the construction or maintenance of public
highways and streets.

e. If a public auction is conducted, but no responsible bid is received, the City may
file proof thereof with the DMV, which shall issue a certificate of title of such motor vehicle
to the City, pursuant to K.S.A. 12-1617e(c).

Section Six

This Ordinance shall be in full force and effect from and after its adoption and publication
in the official City newspaper. Adopted by the City Council and approved by the Mayor
on February 3, 2020.

​

                                                     s/s/ John Schouten

                                                     John Schouten, Mayor

                                                    

                                                     s/s/ Cynthia Mitchell

                                                     Cynthia Mitchell, City Clerk

 

 

Ordinance No. 268

AN ORDINANCE MAKING IT UNLAWFUL TO ABANDON A MOTOR VEHICLE
ON PRIVATE PROPERTY

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:

Section One

FINDINGS OF GOVERNING BODY

A person or entity shall not abandon or leave a motor vehicle on private real property that
is not owned or leased by the person abandoning or leaving the vehicle or by an owner
or lessee of such vehicle. When a motor vehicle is so abandoned or left, and upon
request of the owner or occupant of such real property, the City may remove and dispose
of it in the manner provided in K.S.A. 11 02(b).

Nothing in this Ordinance shall be construed to authorize a person or entity to maintain
or permit any motor vehicle nuisance on private property, as provided under Ordinance
No. 266; nor shall anything in this Ordinance be construed to alter the meaning or
enforcement of Ordinance Nos. 260, 266, and 267.

Section Two
DEFINITIONS AND EXCLUSIONS

As used in this Ordinance, unless the context clearly indicates otherwise:

a. "Agent" means any person or entity designated by an owner of a motor vehicle
in documents filed with the Kansas Secretary of State for service of process on that
owner; any person or entity appointed by a court of competent jurisdiction to act for the
owner(s) in such matters; and any person or entity designated by an owner in a writing
signed by the owner and received by the City in regard to enforcement of this Ordinance.

c. "Motor vehicle" means, without limitation, any motor vehicle which, as originally
built or modified, had an engine, regardless of whether it now contains an engine or did
contain an engine at any other time.

d. "Person" or "entity," means, without limitation, an individual, estate, trust,
corporation, company, partnership, association, or organization.

e. "Vehicle" means, without limitation, any automobile, van, truck, tractor, farm
implement or machinery, commercial motor vehicle, motorcycle, or recreational motor
vehicle.

Section Three
IMPOUNDMENT AND DISPOSITION

The Governing Body shall designate a Public Officer, who shall be charged with
administration and enforcement of this Ordinance. Any person removing such vehicle
under this Ordinance from the real property at the request of the City shall have a
possessory lien on such vehicle for the costs incurred in removing, towing, and storing
such vehicle.

Section Four

IMPOUNDMENT, DISPOSITION TO OWNERS OR LIENHOLDERS

a. Any person or entity who is an owner or is a lienholder entitled to recover a
motor vehicle impounded as provided in this Ordinance (a "Claimant") may, within thirty
(30) days of the date of impoundment, attempt to recover the motor vehicle in the following
manner:

Prior to the City's release of the impounded motor vehicle:

(1) The owner or lienholder must make a written claim to recover the
motor vehicle and show to the Public Officer both (a) proof of valid registration and
(b) proof of ownership of the motor vehicle or proof of a lienholder's right to possess
it; and

(2) The owner or lienholder must pay to the City the costs incurred by the
City for towing and storing the impounded motor vehicle. All such payments
must be by certified check, money order, or cash, unless a different form of
payment is acceptable to the City under the circumstances.

(3) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by the Claimant from
the place of impoundment, or from such other location as may be determined by
the Public Officer, shall be at the time of payment of costs. Arrangements for and
expenses of removal from impoundment, including but not limited to towing and
hauling, shall be the responsibility and at the sole expense of the Claimant.

b. If no owner or lienholder has claimed and recovered an impounded vehicle as
provided in Subsection a. of this Section 4, a Claimant may attempt to recover the motor
vehicle in the following manner after passage of thirty (30) days of impoundment:

(1) Not more than thirty (30) days after the City took possession of the
impounded motor vehicle, and regardless of whether the impounded motor vehicle
has displayed on it a registration plate issued by the Kansas Department of
Revenue, Division of Motor Vehicles ("DMV"), the City' shall request
verification from DMV of the last registered owner(s) and any lienholder(s).

(2) Within ten (10) days after the City receives verification from DMV of the
last registered owner(s) and lienholder(s), the City shall mail a Notice of
Impoundment by certified mail, return receipt requested, to the registered
owner(s) or their agents at the address shown on the certificate of registration and
to any lienholder of record in the county in which the title shows an owner
resides, if the lien is registered in Kansas.

(3) The Notice of Impoundment shall state that, if either an owner or any
lienholder with a legal right to recover the motor vehicle does not claim it; pay the
costs incurred by the City for notice, towing, removal, and storage; and remove it
from the City's possession as described in this Ordinance, all within fifteen (15)
days of the date of mailing of the Notice of Impoundment, then the impounded
motor vehicle will be advertised for sale at public auction to the highest bidder for
cash.

(4) An itemized list of such costs shall be included with the Notice of
Impoundment. Said costs must be paid prior to release of the impounded motor
vehicle to the Claimant. Payment must be by certified check, money order, or
cash, unless a different form of payment is acceptable to the City under its stated
circumstances.

(5) Release of the motor vehicle from the place of impoundment shall be
arranged by the Public Officer. Removal of the motor vehicle by Claimant from the
place of impoundment or from such other location determined at the discretion of
the Public Officer shall be at the time of payment of costs to the City.
Arrangements for and expenses of removal, including but not limited to costs
of towing and hauling, shall be the sale responsibility and at the sale
expense of the Claimant.

Section Five

PUBLISHED NOTICE OF SALE, DISPOSITION BY SALE, ISSUANCE OF TITLE

If no owner or lienholder has recovered the motor vehicle by claiming it and paying
costs as provided in Section Four, the City shall publish a Notice of Disposition by Sale
in the City's official newspaper once a week for two consecutive weeks.

1.    

a. The published Notice of Sale shall describe the motor vehicle by maker, model,
color, serial number, and identify any known owner(s) and lienholder(s); and

b. The published Notice of Sale shall state that the motor vehicle has been
impounded by the City and will be sold at public auction to the highest bidder for cash,
unless an owner or lienholder of record claims and recovers it within ten (10) days of the
date of the second publication of the Notice of Sale.

c. If no owner or lienholder has timely recovered the motor vehicle after the City's
compliance with Subsections a. and b. of this Section Five, the City may sell the
impounded motor vehicle at public auction for cash.

d. After a sale pursuant to this Ordinance, any purchaser may file proof thereof
with the DMV, and the DMV shall issue a certificate of title to the purchaser of the motor
vehicle, pursuant to K.S.A. 8-11 02(a)(3) and 12-1617e(c). All moneys derived from the
sale of motor vehicles pursuant to this Ordinance, after payment of otherwise
unreimbursed expenses of the impoundment and sale incurred by the City, shall be paid
into the fund of the City which is used by it for the construction or maintenance of public
highways and streets.

e. If a public auction is conducted, but no responsible bid is received, the City may
file proof thereof with the DMV, which shall issue a certificate of title of such motor vehicle
to the City, pursuant to K.S.A. 12-1617e(c).

Section Six

This Ordinance shall be in full force and effect from and after its adoption and publication
in the official City newspaper. Adopted by the City Council and approved by the Mayor
on February 3, 2020.

                                                            s/s/John Schouten

                                                            John Schouten, Mayor

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                                                  attest: s/s/Cynthia Mitchell

                                                          Cynthia Mitchell, City Clerk

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Ordinance No. 269

AN ORDINANCE PROVIDING FOR CONVENING THE
MEETINGS OF THE CITY COUNCIL

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FALL RIVER,
KANSAS, THAT:

Section One

Whereas, it is provided in K.S.A. 15-106 that regular meetings of city councils shall be
held not less than once each month, the regular monthly meeting of the Fall River City
Council shall be convened on the second Monday of each month, in City Hall, at 7:00
p.m., except for good cause shown to change a scheduled date, time, or meeting place
in any single month, as determined by a quorum vote of the Council at a regular
meeting or by the Mayor in exigent circumstances.

Section Two

Special meetings of the Council may be called as needed and shall adhere to the
requirements set forth in K.S.A. 15-106 for convening special meetings.

Section Three

This Ordinance shall be in full force and effect from and after its adoption by the Council
and summary publication pursuant to K.S.A. 12-3007.

Section Four

Section Three of Ordinance 98 is hereby repealed.

Adopted by the City Council on May 4, 2020, and approved by the Mayor on May 7,
2020.

                                                              s/s/John Schouten

                                                              John Schouten, Mayor

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                                                       attest:  Mandy Vanderhoof-Fogle 9-8-20

                                                              Mandy Vanderhoof-Fogle, City Clerk

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Ordinance 273

AN ORDINANCE AUTHORIZING THE EXECUTION OF A LOAN AGREEMENT
BETWEEN THE CITY OF FALL RIVER, KANSAS AND THE STATE OF KANSAS,
ACTING BY AND THROUGH THE KANSAS DEPARTMENT OF HEALTH AND
ENVIROMENT, FOR THE PURPOSE OF OBTAINING A LOAN FROM THE KANSAS
WATER POLLUTION CONTROL REVOLVING FUND FOR THE PURPOSE OF
FINANCING A WASTEWATER TREATMENT PROJECT; ESTABLISHING A
DEDICATED SOURCE OF REVENUE FOR REPAYMENT OF SUCH LOAN;
AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION
THEREWITH; AND AUTHORIZING CERTAIN OTHER ACTION IN CONNECTION
WITH THE LOAN AGREEMENT

WHEREAS the Federal Water Quality Act of 1987 (the "Federal Act") established

a revolving fund program for public wastewater treatment systems to assist in financing

the costs of infrastructure needed to achieve or maintain compliance with the Federal

Act and to protect the public health, and authorized the Environmental Protection

Agency (the "EPA") to administer a revolving loan program operated by the individual

states; and

WHEREAS, to fund the state revolving fund program, the DPA will make annual

capitalization grants to the states, on the condition that each state provide a state match

for such state's revolving fund; and

WHEREAS, by passage of the Kansas Water Pollution Control Revolving Fund

Act, K.S.A. 65-3321 through 65-3329, inclusive (the "Loan Act"), the State of Kansas

(the "State") has established the Kansas Water Pollution Control Revolving Fund (the Revolving Fund") for purposes of the Federal Act:

and 

WHEREAS, under the Loan Act, the Secretary of the Kansas Department of Health and
Environment ("KDHE") is given the responsibility for administration and management of
the Revolving Fund; and

WHEREAS the Kansas Development Finance Authority (the "Authority") and
KDHE haveentered into a Master Financing Indenture (the "Master Indenture") pursuant
to which KDHE agrees to enter into Loan Agreements with Municipalities for public
wastewater treatment projects (the "Projects") and to pledge the Loan Repayments (as
defined in the Master Indenture) received pursuant to such Loan Agreements to the
Authority; and

WHEREASthe Authority is authorized under K.S.A. 74-8905(a) and the Loan Act
to issue revenue bonds (the "Bonds") for the purpose of providing funds to implement
the State's requirements under the Federal Act and to loan the same, together with
available funds from the EPA capitalization grants, to Municipalities within the State for
the payment of Project Costs (as said terms are defined in the Loan Act); and

WHEREAS the City of Fall River, Kansas (the "Municipality") is a municipality, as
said term is defined in the Loan Act, which operates a wastewater collection and
treatment system (the "Systern"); and

WHEREAS the System is a public Wastewater Treatment Works, as said term is
defined in the Loan Act; and

WHEREAS the Munlclpality.pursuant to the Loan Act,submittedanapplication to
KDHE to obtain a loan from the Revolving Fund to finance the costs of improvements to
its System consisting of the following:

 

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ORDINANCES OF THE CITY OF FALL RIVER, KANSAS

ORDINANCE 274

AN ORDINANCE PROVIDING FOR FLOODPLAIN MANAGEMENT IN THE
CITY OF FALL RIVER,Pursuant to 44 CFR § 60.3 (a),

K.S.A. 12-766, and K.A.R. 5-44-1 through 5-44-7

 

 

 

ARTICLE 1

 

 

STATUTORY AUTHORIZATION, FINDINGS OF FACT, AND PURPOSES

 

 

 

SECTION A. STATUTORY AUTHORIZATION

      1.         Approval of Draft Ordinance by Kansas Chief Engineer Prior to Adoption

The following floodplain management regulations, as written, were approved in draft form by
the Chief Engineer of the Division of Water Resources of the Kansas Department of Agriculture
on June 16, 2021.

       2.         Kansas Statutory Authorization

The Legislature of the State of Kansas has in K.S.A. 12-741 et seq, and specifically in K.S.A. 12-
766, delegated the responsibility to local governmental units to adopt floodplain management
regulations designed to protect the health, safety, and general welfare of the public.
Therefore, the City Council (governing body) of the City of Fall River, Kansas ordains as
follows:

SECTION B. FINDINGS OF FACT

       1.        Flood Losses Resulting from Periodic Inundation

The special flood hazard areas of Fall River, ,Kansas, are subject to inundation which results in
loss of life and property, health and safety hazards, disruption of commerce and governmental
services, extraordinary public expenditures for flood protection and relief, and impairment of
the tax base; all of which adversely affect the public health, safety and general welfare.

        2.        General Causes of the Flood Losses

These flood losses are caused by (1) the cumulative effect of development in any delineated
floodplain causing increases in flood heights and velocities; and (2) the occupancy of flood
hazard areas by uses vulnerable to floods, hazardous to others, inadequately elevated, or
otherwise unprotected from flood damages.

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SECTION C. STATEMENT OF PURPOSE

It is the purpose of this ordinance to promote the public health, safety, and general welfare of the
public; to minimize those losses described in Article 1, Section B(1); to establish or maintain the
community's eligibility for participation in the National Flood Insurance Program (NFIP) as defined in
44 Code of Federal Regulations (CFR) § 59.22(a)(3); and to meet the requirements of 44 CFR § 60.3(a)
and K.A.R. 5-44-4 by applying the provisions of this ordinance to:

1. Restrict or prohibit uses that are dangerous to health, safety, or property in times of flooding
or cause undue increases in flood heights or velocities;

2. equire uses vulnerable to floods, including public facilities that serve such uses, be provided
with flood protection at the time of initial construction; and

3. Protect individuals from buying lands that are unsuited for the intended development
purposes due to the flood hazard.

 

 

 

ARTICLE 2

 

 

GENERAL PROVISIONS

 

 

 

SECTION A. LANDS TO WHICH ORDINANCE APPLIES

This ordinance shall apply to all lands within the jurisdiction of the City of Fall River, Kansas that have
been identified by the community as having the presence of flood-prone areas. In all areas covered
by this ordinance, no development shall be permitted except through the issuance of a floodplain
development permit, granted by the City Councilor its duly designated representative under such
safeguards and restrictions as the City Councilor the designated representative may reasonably
impose for the promotion and maintenance of the general welfare, health of the inhabitants of the
community, and as specifically noted in Article 4.

SECTION B. COMPLIANCE

No development located within the special flood hazard areas of this community shall be located,
extended, converted, or structurally altered without full compliance with the terms of this ordinance
and other applicable regulations.

SECTION C. ABROGATION AND GREATER RESTRICTIONS

It is not intended by this ordinance to repeal, abrogate, or impair any existing easements, covenants,
or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of
this ordinance shall prevail. All other ordinances inconsistent with this ordinance are hereby
repealed to the extent of the inconsistency only.

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SECTION D. INTERPRETATION

In their interpretation and application, the provisions of this ordinance shall be held to be minimum
requirements, shall be liberally construed in favor of the governing body, and shall not be deemed a
limitation or repeal of any other powers granted by Kansas statutes.

SECTION E. WARNING AND DISCLAIMER OF LIABILITY

The degree of flood protection required by this ordinance is considered reasonable for regulatory
purposes and is based on engineering and scientific methods of study. Larger floods may occur on
rare occasions, or the flood heights may be increased by man-made or natural causes, such as ice
jams and bridge openings restricted by debris. This ordinance does not imply that areas outside the
floodway and flood fringe or land uses permitted within such areas will be free from flooding or flood
damage. This ordinance shall not create a liability on the part of the City of Fall River, Kansas; any
officer or employee thereof, for any flood damages that may result from reliance on this ordinance or
on any administrative decision lawfully made there under.

SECTION F. SEVERABILITY

If any section; clause; provision; or portion of this ordinance is adjudged unconstitutional or invalid by
a court of appropriate jurisdiction, the remainder of this ordinance shall not be affected thereby.

 

 

 

ARTICLE 3

 

 

ADMINISTRATION

 

 

 

SECTION A. FLOODPLAIN DEVELOPMENT PERMIT

A floodplain development permit shall be required for all proposed construction or other
development, including the placement of manufactured or mobile homes, in the areas described in
Article 2, Section A. No person, firm, corporation, or unit of government shall initiate any
development or substantial-improvement or cause the same to be done without first obtaining a
separate floodplain development permit for each structure or other development.

SECTION B. DESIGNATION OF FLOODPLAIN ADMINISTRATOR

The City Water Manager is hereby appointed to administer and implement the provisions of this
ordinance.

SECTION C. DUTIES AND RESPONSIBILITIES OF FLOODPLAIN ADMINISTRATOR

Duties of the Floodplain Administrator shall include, but not be limited to:

1.                 Review of all applications for floodplain development permits to assure that sites are
reasonably safe from flooding and that the floodplain development permit requirements of
this ordinance have been satisfied;

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2.                 Review of all applications for floodplain development permits for proposed development to
assure that all necessary permits have been obtained from Federal, State, or local
governmental agencies from which prior approval is required by Federal, State, or local law;

3.                 Review all subdivision proposals and other proposed new development, including
manufactured home parks or subdivisions, to determine whether such proposals will be
reasonably safe from flooding;4.  Issue floodplain development permits for all approved applications;

5.                 Notify adjacent communities and the Division of Water Resources, Kansas Department of
Agriculture, prior to any alteration or relocation of a watercourse, and submit evidence of
such notification to the Federal Emergency Management Agency {FEMA};

6.                  Assure that the flood-carrying capacity is not diminished and shall be maintained within the
altered or relocated portion of any watercourse.

SECTION D. APPLICATION FOR FLOODPLAIN DEVELOPMENT PERMIT

To obtain a floodplain development permit, the applicant shall first file an application in writing on a
form furnished for that purpose. Every floodplain development permit application shall:

      1.          Describe the land on which the proposed work is to be done by lot, block and tract, house and
street address, or similar description that will readily identify and specifically locate the
proposed structure or work;

      2.         Identify and describe the work to be covered by the floodplain development permit;

      3.         Indicate the use or occupancy for which the proposed work is intended;

      4.         Indicate the assessed value of the structure and the fair market value of the improvement;

      5.         Give such other information as reasonably may be required by the floodplain administrator;

      6.         Be accompanied by plans and specifications for proposed construction; and

      7.         Be signed by the permittee or his authorized agent who may be required to submit evidence
to indicate such authority.

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ARTICLE 4

 

 

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PROVISIONS FOR FLOOD HAZARD REDUCTION

 

 

 

SECTION A. GENERAL STANDARDS

1.                 No permit for floodplain development shall be granted for new construction, substantial-
improvements, and other improvements, including the placement of manufactured or mobile
homes, within any flood-prone area unless the conditions of this section are satisfied.

2.                 All new construction, subdivision proposals, substantial-improvements, prefabricated
structures, placement of manufactured or mobile homes, and other developments shall
require:

a.                   Design or adequate anchorage to prevent flotation, collapse, or lateral movement of
the structure resulting from hydrodynamic and hydrostatic loads, including the effects
of buoyancy;

                  b.         Construction with materials resistant to flood damage;

                  c.         Utilization of methods and practices that minimize flood damage;

d.                   All electrical, heating, ventilation, plumbing, air-conditioning equipment, and other
service facilities be designed and/or located so as to prevent water from entering or
accumulating within the components during conditions of flooding;

e.                    New or replacement water supply systems and/or sanitary sewage systems be
designed to minimize or eliminate infiltration of flood waters into the systems and
discharges from the systems into flood waters, and on-site waste disposal systems be
located so as to avoid impairment or contamination; and

f.                    Subdivision proposals and other proposed new development, including manufactured
home parks or subdivisions, located within flood-prone areas are required to assure
that:

                              (1)        All such proposals are consistent with the need to minimize flood damage;

                              (2)        All public utilities and facilities, such as sewer, gas, electrical, and water
systems are located and constructed to minimize or eliminate flood damage;

                              (3)        Adequate drainage is provided so as to reduce exposure to flood hazards; and

                              (4)        All proposals for development, including proposals for manufactured home
parks and subdivisions, of greater than five (5) acres or fifty (50) lots, whichever
is lesser, include within such proposals base flood elevation data.

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3.    Storage, Material, and Equipment

a.                   Storage of material or equipment may be allowed if not subject to major damage by
floods, if firmly anchored to prevent flotation, or if readily removable from the area
within the time available after a flood warning.

      4.         Nonconforming Use

A structure, or the use of a structure or premises that was lawful before the passage or
amendment of the ordinance, but which is not in conformity with the provisions of this
ordinance, may be continued subject to the following conditions:

a.                   If such structure, use, or utility service has been or is discontinued for 12consecutive
months, any future use of the building shall conform to this ordinance.

b.                   If any nonconforming use or structure is destroyed by any means, including flood, it
shall not be reconstructed if the cost is more than fifty (50) percent of the pre-
damaged market value of the structure. This limitation does not include the cost of
any alteration to comply with existing state or local health, sanitary, building, safety
codes, regulations, or the cost of any alteration of a structure listed on the National
Register of Historic Places, the State Inventory of Historic Places, or local inventory of
historic places upon determination.

SECTION B. MANUFACTURED or MOBILE HOMES

1.                 All manufactured or mobile homes to be placed within flood-prone areas shall be required to
be installed using methods and practices that minimize flood damage. For the purposes of this
requirement, manufactured or mobile homes must be elevated and anchored to resist
flotation, collapse, or lateral movement. Methods of anchoring may include, but are not
limited to, use of over-the-top or frame ties to ground anchors.

SECTION C. RECREATIONAL VEHICLES

Require that recreational vehicles placed on sites within flood-prone areas either:

       1.         Be on the site for fewer than 180 consecutive days, or

       2.         Be fully licensed and ready for highway use*; or

       3.         Meet the permitting, elevation, and anchoring requirements for manufactured homes of this
ordinance.

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* A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to
the site only by quick-disconnect type utilities and security devices, and has no permanently attached
additions.

 

 

 

ARTICLE 5

 

 

FLOODPLAIN MANAGEMENT VARIANCE PROCEDURES

 

 

 

SECTION A. ESTABLISHMENT OF APPEAL BOARD

The City Councilshall act as the Appeal Board as established by the City of Fall River and shall hear and
decide appeals and requests for variances from the floodplain management requirements of this
ordinance.

SECTION B. RESPONSIBILITY OF APPEAL BOARD

Where an application for a floodplain development permit is denied by the Floodplain
Administrator, the applicant may apply for such floodplain development permit directly to the
Appeal Board, as defined in Article 5, Section A.

The Appeal Board shall hear and decide appeals when it is alleged that there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the enforcement or
administration of this ordinance.

SECTION C. FURTHER APPEALS

Any person aggrieved by the decision of the Appeal Board, or any taxpayer, may appeal such decision
to the District Court as provided in K.S.A. 12-759 and 12-760.

SECTION D. FLOODPLAIN MANAGEMENT VARIANCE CRITERIA

In passing upon such applications for variances, the Appeal Board shall consider all technical data and
evaluations, all relevant factors, standards specified in other sections of this ordinance, and the
following criteria:

        1.        Danger to life and property due to flood damage;

        2.        Danger that materials may be swept onto other lands to the injury of others;

        3.        Susceptibility of the proposed facility and its contents to flood damage and the effect of such
                  damage on the individual owner;

        4.        Importance of the services provided by the proposed facility to the community;

        5.        Necessity to the facility of a waterfront location, where applicable;

        6.        Availability of alternative locations, not subject to flood damage, for the proposed use;

        7.        Compatibility of the proposed use with existing and anticipated development;

        8.        Relationship of the proposed use to the comprehensive plan and floodplain management
program for that area;

       9.        Safety of access to the property in times of flood for ordinary and emergency vehicles;

      10.        Expected heights, velocity, duration, rate of rise and sediment transport of the flood waters, if
applicable, expected at the site; and,

      11.        Costs of providing governmental services during and after flood conditions, including
maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and
water systems; streets; and bridges.

 

SECTION E. CONDITIONS FOR APPROVING FLOODPLAIN MANAGEMENT VARIANCES

      1.        Generally, variances may be issued for new construction and substantial-improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with
existing structures constructed below the base flood elevation, providing items two (2)
through six (6) below have been fully considered. As the lot size increases beyond the one-
half acre, the technical justification required for issuing the variance increases.

      2.        Variances may be issued for the reconstruction, repair, or restoration of structures listed on
the National Register of Historic Places, the State Inventory of Historic Places, or local
inventory of historic places upon determination, provide the proposed activity will not
preclude the structure's continued historic designationand the variance is the minimum
necessary to preserve the historic character and design of the structure.

     3.         Variances shall not be issued within any designated floodway if any significant increase in
flood discharge or base flood elevation would result.

     4.         Variances shall only be issued upon a determination that the variance is the minimum
necessary, considering the flood hazard, to afford relief.

     5.         Variances shall only be issued upon: (a) showing of good and sufficient cause, (b)
determination that failure to grant the variance would result in exceptional hardship to the
applicant, and (c) determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or
ordinances.

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