City of Ellsworth Ordinance for Portable Storage Units
(First Published in the Ellsworth County Independent/
Reporter, July 16, 2020)
ORDINANCE #3105
BEING AN ORDINANCE DEFINING AND REGULATING THE USE OF PORTABLE STORAGE UNITS IN THE CITY
OF ELLSWORTH, PRESCRIBING PENALTIES FOR
VIOLATIONS AND PROVIDING FOR ENFORCEMENT.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF ELLSWORTH, KANSAS:
SECTION 1. PURPOSE
The purpose of this ordinance is to establish a permit procedure and set the reasonable rules and regulations for the use of portable storage units to:
A. Preserve and protect the visual appearance of the community and
B. Provide reasonable guidelines for the use of said containers and
C. Protect and conserve the value of land throughout the City of Ellsworth and
D. Guide future use of storage containers within the City of Ellsworth.
SECTION 2. DEFINITIONS
A. Portable storage unit: Any container designed for the storage or personal property of a non-hazardous nature which is typically rented to owners or occupant of property for their temporary use which is delivered and removed by truck. This also includes trailers, sea or barge containers, truck bodies (with or without wheels or carriages) or other constructions used for temporary or permanent storage.
B. Person: Any natural person, partnership, firm, corporation or other legal entity.
C. City: The City of Ellsworth, a municipality duly organized and located in Ellsworth County, Kansas.
D. Council: The City Council of the City of Ellsworth, Kansas.
E. Premises: Any parcel of land located in the City of Ellsworth, Kansas, having a tax map parcel number for county assessment purposes.
F. Ongoing: Continuing without termination or interruption. Progress can be observed on a weekly basis.
SECTION 3. PORTABLE STORAGE UNITS PERMITTED WHEN
Portable storage units are permissible under the following conditions:
A. Those located anywhere within the city limits must be placed on a concrete or asphalt surface properly anchored and approved by the building inspector.
B. Appropriate setbacks must be observed.
C. No more than one portable storage unit may be placed on any premises.
D. A valid portable storage unit permit must be displayed on the container.
E. The portable storage unit must be similar to, or compatible with, the design and color of the adjacent properties.
F. No person shall be allowed more than one portable storage unit permit during any 12-month period unless the Council approves an exception.
SECTION 4. PORTABLE STORAGE UNIT PERMIT
No person shall use or place a portable storage unit within the corporate limits of the City of Ellsworth without a valid portable storage unit permit. The permit application shall be obtained prior to placement of such container in the City and shall be provided upon receipt of a $50 permit fee to the office of the city administrator. Should any portable storage unit be placed on the property prior to obtaining the permit, a $75 penalty shall be assessed in addition to the permit fee. The city administrator will deny permit applicants if any of the terms of Section 3 are not met. Commercial properties that utilize portable storage units for routine business activities can be issued a transferable storage permit for $75. Each commercial permit is transferable but can only be used for one container at any given time. This permit fee will be a one-time charge much like a building permit.
SECTION 5. EXEMPT
Dumpsters or trash bins being utilized for construction or rehabilitation of property within the City shall be exempt from the provisions set forth herein if the proper and current permits for such a project are in place and work on the project is ongoing.
SECTION 6. EXISTING PORTABLE STORAGE UNITS
Portable storage units in the City prior to the passage of this ordinance have a period of six (6) months to register with the City before the penalties below apply. Any portable storage units within the City prior to passage of this ordinance that are registered with the City shall be exempt from all of the provisions in this ordinance except for the setback requirements. However, if the portable storage unit is sold, leased or transferred in any way to another person all exemptions will be voided. Existing portable storage units in commercial operations can qualify for transferable permits but the permit fee shall not be waived.
SECTION 7. CORRECTION PERIOD
In the event the occupant, or if any premises are unoccupied, then the owner of said property, shall fail to correct the condition(s) causing the violation within thirty (30) days after the receipt of a notice to do so from the city administrator, will be subject to penalty.
SECTION 8. PENALTIES
Any person, firm or corporation violating any provisions of this ordinance shall, upon conviction thereof, be deemed guilty of a misdemeanor and may be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) per violation. Each and every week during which such offense shall continue may be deemed a separate offense. In the event the owner, occupant, or responsible party shall fail or refuse to correct the condition(s) causing the violation, it shall be lawful for the Council to correct the condition(s) causing the violation and charge the cost of such correction to the occupant or owner, as the case may be.
This ordinance shall take effect and be in force from and after its publication once in the official City newspaper.
Passed and approved this 13th day of July, 2020.
By Mark C. Kennedy
Mayor
ATTESTED BY:
Patti L. Booher,
City Clerk
1t 7/23