On Thursday night at a city commission meeting in Hays, it will be decided whether or not the commissioners are going to OK the removal of personal property from Auto Tech owner Chris Miller against his will.

The property consists of a customer vehicle for which services have not been paid for yet and a couple of vehicles Chris would like to restore. The other option that was given to him was to erect a screened in fence 6-feet high on all sides requiring a building permit, city approval of the structure, and responsibility for the property tax that goes with it. Estimates for the material alone could be in excess of $10,000. This is being based on a little-known city ordinance, Sec.71-503 & Sec.26-43, which is as follows:

Sec. 71-503. Use regulations.
The following uses are allowed in the C-2 District:
(1) Automobile/truck, tractor, agricultural-implement, camping trailer, boat, and
recreational vehicle sales, service, repair and body shop; provided that no inoperable
vehicles or materials are held or stored on the site, unless within an enclosed
building, or otherwise totally screened from view;
AND:
Sec. 26-43. Exceptions. (to the inoperable vehicle ordinance)
(b) The provisions of section 26-42 shall not apply to any person who is conducting
a business enterprise in compliance with chapter 71 and who places such vehicles
behind screening of sufficient size, strength and density to screen such vehicles from
the view of the public using adjacent thoroughfares

What this really boils down to is that repair facilities must part with a substantial amount of money to hide what they do for a living or any project vehicle that can be deemed inoperable via no tags/insurance or just plain have mechanical issues that need rectified but cannot be completed in short order. Notice that the verbiage includes “materials … held on site” which could be construed to include all sorts of necessary business items that simply cannot be stored inside for lack of space.  For example, if I needed to store a vehicle, I might want to rent or purchase a storage container. This would keep it safe from weather and thieves as well.

Not so fast, see Sec.11-134 as follows:
Sec. 11-134. Storage/shipping containers shall be prohibited as a permanent use within the city of Hays. Temporary uses shall be allowed in the following instances: At construction sites for the duration of the project, however, units are to be removed within 60 days of the issuance of the certificate of occupancy; Natural disaster recovery and clean-up efforts; and Short-term temporary storage of goods for business enterprises located within commercially zoned districts (for example: holiday season retail storage). The following conditions apply to all storage/shipping containers: A temporary building permit is required for any units being set for more than ten days at any location; Unless otherwise stated, a limit of one permit per calendar year shall be granted for a maximum of 60 days with one 60-day extended renewal permit possible at the discretion of the zoning administrator;

Ok, guess that won’t work! To myself and many others all of the above ordinances are prohibitive to commercial business growth and the fact that they have the ability to just come and take your property seems almost criminal doesn’t it? Although this is not your head on the chopping block today, we have it on good authority that this is just the tip of the iceberg and that you will be next. You will be given the same options as Auto Tech, Augies, Mark Linenberger and myself have been given which is get rid of your stuff, screen it in for the money ($$$) or have it removed from you and or your customer!

Or … if we come together as business owners we might get the city commissioners to take a more realistic approach to these two matters pertaining to commercial property and look at repealing these ordinances that are very inconvenient, expensive, business handicapping & borderline criminal if abatements (taking your stuff) are enforced. I can assure you that the small amount of time it will take will pay you back in dividends if we can get this stopped before it goes any farther. I have spoken with 4 commissioners of which 2 seem to be very responsive to this matter, the other 2 I have spoken with didn’t want to commit or agree until they “looked in to the matter”. I firmly believe that a good showing at the meeting will go along ways towards convincing them that this needs changed. Please understand that this is in no way an attack on the city of Hays.

This stuff just needs changed for the benefit of local business which benefits us all. You do not have to speak at this meeting if you do not want to. A good showing of some type of solidarity between us business owners will suffice. Please consider coming to the meeting at City Hall on Main St. tonight at 6:30 p.m. It’s for the good of us all. Again, I can promise you that if this stays the way that it is, you are next. I can also promise you that if you have similar issues, we will be there to help stand up for you as well. Even if you don’t care for myself, Chris or anyone else previously mentioned, this about the right to conduct legal commercial business in the manner you see fit on your commercial property that you pay for. None of us want to see acres and acres of storage containers or “inoperable vehicles” in Hays. I think we are all competent enough to police ourselves and keep things within reason.

If you have any further interest in this matter, you can read the letter I sent to the commissioners HERE.  Also, please feel free to contact myself or Chris at Auto Tech.

Scott Simpson, d.b.a. Best Radiator