Nothing in this article shall serve to alter, amend, repeal or modify any City Code provisions, State law or other regulation regarding use of city streets, parking and use of a public right-of-way.
"Elvira Street Greenspace" is hereby designated as that certain property within the City limits of the City of Auburn, Kansas that was previously dedicated for street purposes, vacated by Kansas statute and then partly excluded from the Auburn Hills Subdivision plat. It is estimated that this leaves approximately twenty (20) feet of space between the platted right-of-way line and the section line, and due to the vacation, this property is not contained within the traveled right-of-way of Elvira Street, nor has an owner of record. This property is being used by adjoining landowners, but that use can, if unrestrained, cause nuisance conditions and otherwise render the property a blight upon the neighborhood and the City.
(Ord. 347)
Within the designated Elvira Street Greenspace, any parked vehicles, trailers, recreational vehicles, boats and/or other titled or licensed vehicles may remain as long as the same are fully operable, are in sound running condition and maintain the ability to be moved as may be directed by City officers. It is presumed that any vehicle contained within the Greenspace that does not display a current tag or license plate, or other current registration, is inoperable and in violation of this article.
(Ord. 347)
The Mayor, Chief of Police, the City maintenance supervisor or any other law enforcement agency can direct any owner of any vehicle, trailer or other item on the Elvira Street Greenspace to remove the same as may be requested by the City officers. The City may give notice the need to remove this item directly, or by posting the notice on the vehicle itself at least twenty-four (24) hours prior to the time the movement is required. City officers may move the vehicles if they are a hazard to the public, present a public nuisance, or otherwise interfere with any maintenance of any city street or property, or interrupt the ability of the City officers to enforce City ordinances.
(Ord. 347)
If City officers determine that any vehicle or other object is placed in the Elvira Street Greenspace that is not owned by a resident of the City of Auburn, Kansas, the same will be deemed to be a vehicle placed improperly in a designated Greenspace, and a notice will be posted on the vehicle that the same shall be subject to removal as an inoperable motor vehicle under City Code, absent either removal or evidence of ownership by a citizen of Auburn, Kansas.
(Ord. 347)
The use of the Elvira Street Greenspace is only available to individual citizens of the City of Auburn, Kansas. No business, corporation or other similar entity may use the Greenspace for commercial storage purposes. The Greenspace shall be subject to all State and City regulations on vehicle weight, and the Greenspace shall not be used for parking commercial trucks, Semi-Trailer Trucks, Semi-Trailers or other large vehicles.
(Ord. 347)
No party shall cause to be constructed, installed or otherwise placed on the Elvira Street Greenspace any structure or building of any type or any kind. Any such structure placed on the greenspace property shall be subject to immediate removal without notice or hearing.
(Ord. 347)
No individual may deposit any garbage, junk, trash, debris, used appliances, tires, automotive parts, yard waste or other disagreeable items in the Elvira Street Greenspace. Since the same is contained upon property regulated by the City, the same can be removed without notice or hearing. If the City determines, by appropriate investigation, that these items were placed on the property by an individual, the placement of these items shall be considered the maintaining of a public nuisance, chargeable in Municipal Court. Action shall be taken if the materials at issue are loaded onto a trailer that is moveable and operable, and fully contained within said trailer with the same being covered or otherwise protected from the elements.
(Ord. 347)
Any use or storage of vehicles on the Elvira Street Greenspace is taken at the risk of the individual owner. The City is not the owner of the property and cannot grant permission for individual use, and is not responsible or liable for any damage that may occur to any items placed in the Greenspace based upon any cause other than direct action by City employees or agents. This article is only for the purpose of regulating the use of the property, not granting any permission to enter or use the property to anyone.
(Ord. 347)
This article does not regulate entry into the Elvira Street Greenspace in any manner, and the City does not forbid individuals from maintaining the Greenspace by mowing grass, removing weeds or other underbrush and otherwise maintaining the condition of the property in general. Any such activities will be performed at the citizens' own risk.
(Ord. 347)