[Ord. No. 479 §1, 10-1-1968]
Any person, firm, partnership, association, corporation,
or other organization of any kind.
Any machine propelled by power other than human power designed
by travel along the ground by use of wheels, treads, runners, or slides,
including but not limited to automobiles, trucks, trailers, motorcycles,
tractors, buggies, and wagons, or any part thereof.
Any metal, glass, paper, rags, wood, machinery parts, cloth,
or other waste or discarded material of any nature or substance whatsoever,
or scrap or salvage materials.
The entire area between the boundary lines of every publicly
maintained way when any part thereof is open to the use of the public
for purposes of vehicular travel.
Any land owned by the City or located within the City limits,
not including streets and highways.
[Ord. No. 479 §2, 10-1-1968]
Any damaged or disabled vehicle, part thereof, or junk, located
on any property, street, or highway which presents a hazard to children,
or harbors tall grass, weeds, or other vegetation, or creates a fire
hazard or affords a breeding place or nesting place for mosquitoes,
flies, rodents, rats, or other vermin; or any vehicle, part thereof,
or junk allowed to remain unmoved on any street or highway for seventy-two
(72) hours, is a public nuisance.
[Ord. No. 479 §3, 10-1-1968]
It shall be unlawful for any person to create or maintain a nuisance as defined in Section 220.020 hereof.
[Ord. No. 479 §4, 10-1-1968]
Whenever the Mayor, City Marshal or their duly authorized representative determines that any vehicle or junk is a nuisance as defined herein, he shall cause written notice to be served upon the owner of the vehicle or junk, if said owner can be located, or the person in custody of such vehicle or junk, by registered mail or by personal service. The notice shall state that the vehicle or junk is deemed to be a nuisance within the provisions of Section 220.020 hereof, and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Chapter, and state that the said nuisance shall be abated within ten (10) days of such notice.
[Ord. No. 479 §5, 10-1-1968]
The owner or custodian of any nuisance as defined in Section 220.020 hereof cannot be located by reasonable search, the notice shall be securely attached to the property, briefly stating facts deemed to constitute the property a nuisance and stating that the nuisance shall be abated within twenty (20) days of the date notice was posted, and if the vehicle is on public property, said notice shall likewise state that said nuisance shall be abated within twenty (20) days of the date notice was posted.
[Ord. No. 479 §6, 10-1-1968]
Any person receiving the notice provided for above shall comply
with the provisions of the notice requiring abatement. Failure to
comply with this provision is unlawful.
[Ord. No. 479 §7, 10-1-1968]
If not removed within the time specified in the notice, the
vehicle or junk shall be transported to a storage area by or at the
direction of the Mayor, City Marshal, or their duly authorized representative
at the expense of the owner or person in custody thereof. It shall
then be stored for a period of at least sixty (60) days and the person
entitled to possession thereof may redeem the property by payment
to the City of the actual cost of its removal and a reasonable storage
fee. If the vehicle or junk is unredeemed after the expiration of
the sixty (60) day period, the Mayor or City Marshal may sell it to
the highest bidder or, if it has no sale value, may otherwise dispose
of it. Any money received from disposal of any vehicle or junk shall
be applied to the expenses charged to the owner or persons charged
thereof.
[Ord. No. 479 §8, 10-1-1968]
A.
Prior
to the sale of any such property, the Mayor shall cause to be published
in a newspaper of general circulation within the City, a notice of
sale stating:
1.
That
the City is selling abandoned property.
2.
The
color, make, year, motor number, and serial number if available, and
any other information necessary for an accurate identification of
the property.
3.
The
terms of the sale.
4.
The
date, time, and place of the sale.
|
|
This notice shall be published not less than ten (10) days,
nor more than thirty (30) days prior to the date of said sale, and
said newspaper shall furnish affidavit as to said publication prior
to said sale.
|
[Ord. No. 479 §9, 10-1-1968]
The Mayor, City Marshal or their duly authorized representatives
may enter upon private property for inspection or for the purpose
of removing any vehicle or junk in accordance with this Chapter. If
any person refuses to allow entry onto his private property, said
official or officials may obtain a warrant from the proper official
and proceed in accordance therewith.
[Ord. No. 479 §10, 10-1-1968]
Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor, and upon conviction thereof, shall
be fined not less than five dollars ($5.00), nor more than one hundred
dollars ($100.00), or be imprisoned for a period not to exceed thirty
(30) days, or both such fine and imprisonment, and shall pay the cost
of said proceeding. Each day of violation shall be deemed a separate
offense.
[Ord. No. 479 §11, 10-1-1968]
The provisions of this Chapter shall in no way impair the validity
of any ordinance of said City dealing with motor vehicles and traffic
regulations allowing the removal of automobiles which are parked in
violation of traffic ordinances or create actual traffic hazards.
