[1]
Editor's Note — Ord. no. 3521 §§3 — 4, adopted December 12, 2006, repealed article II "abandoned property", §§215.030 — 215.160 and article III "vegetation", §§215.170 — 215.200 in their entirety and enacted the new provisions set out in articles II through VIII of this chapter. Former articles II and III derived from CC 1985 §§23-16 — 23-19; comp. ord. §§14.04(1) — 14.04(3); ord. no. 3175 §1, 9-13-2001.
[Ord. No. 3521 §3, 12-14-2006]
The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
Any unattended motor vehicle or unlicensed motor vehicle,
trailer, all-terrain vehicle, outboard motor or vessel removed or
subject to removal from public or private property as provided in
this Article, whether or not operational. For any vehicle towed from
the scene of an accident at the request of law enforcement and not
retrieved by the vehicle's owner within five (5) days of the accident,
the agency requesting the tow shall be required to write an abandoned
property report or a criminal inquiry and inspection report.
Any vehicle that is not registered or is improperly registered
with the State or that has been inoperable for more than forty-eight
(48) hours or is in such a state of disrepair as to be inoperable,
except those on the premises of a duly licensed automobile repair
or sales business or in a duly licensed automobile junk yard.
Any vehicle which is not capable of moving under its own
power at its designed speed. Inoperable vehicles shall include those
with defective engines or motors, deflated tires, body damage such
that the vehicle may not run under its own power or any other malfunction,
disrepair or damage which prevents the normal use of the vehicle.
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.
Any natural person, corporation or other legal entity.
Any real property within the City or any City property within
or without the corporate limits which is not a street or highway.
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
Any person or entity which tows, removes or stores abandoned
property.
Any machine propelled by power other than human power designed
to 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 of a vehicle.
[Ord. No. 3521 §3, 12-14-2006]
Any damaged or disabled or inoperable vehicle, part of a vehicle
or junk located on any property, street or highway that 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 vectors or
any vehicle, part of a vehicle or junk allowed to remain unmoved on
any street or highway for forty-eight (48) hours is declared to be
a public nuisance and it shall be unlawful for any person to create
or maintain the nuisance defined and declared in this Section.
[Ord. No. 3521 §3, 12-14-2006]
Whenever the Chief of Police or duly authorized representative
of either the Chief of Police or the Board of Aldermen determines
that any vehicle or junk is a nuisance, such Chief of Police or duly
authorized representative shall cause written notice to be served
upon the owner of the vehicle or junk, if the owner can be located,
or upon the person in custody of such vehicle or junk by registered
or certified mail or by personal service. The notice shall state that
the vehicle or junk is deemed to be a nuisance within the provisions
of this Article and shall briefly state facts deemed to constitute
such vehicle or junk a nuisance within the terms of this Article and
state and require that the nuisance shall be abated with seven (7)
days from receipt of such notice.
[Ord. No. 3521 §3, 12-14-2006]
When the owner or custodian of any nuisance as defined in this
Article cannot be located by reasonable search, the notice shall be
attached to the vehicle or junk, briefly stating facts deemed to constitute
such vehicle or junk a nuisance and, if the vehicle is on private
property, stating and requiring that the nuisance shall be abated
within seven (7) days of the date notice was posted or if the vehicle
is on public property, within two (2) days of the date notice was
posted.
[Ord. No. 3521 §3, 12-14-2006]
Any person receiving the notice provided for in this Article
shall comply with the provisions of the notice requiring abatement.
Failure to comply with such provisions shall be unlawful.
[Ord. No. 3521 §3, 12-14-2006]
If not removed within the times specified in the notice pursuant
to this Article, the vehicle or junk constituting the nuisance shall
be transported to a storage area by or at the direction of the Chief
of Police or duly authorized representative of either the Chief of
Police or the Board of Aldermen at the expense of the owner or custodian
of the vehicle or junk. The vehicle or junk shall then be stored for
a period of at least ninety (90) days and the person entitled to possession
may redeem the vehicle or junk at any time during that period by payment
to the City of the actual cost of removal and a reasonable storage
fee. If the vehicle or junk is unredeemed after the expiration of
the ninety (90) day period, the Chief of Police or authorized representative
of the Board of Aldermen may sell the vehicle or junk to the highest
bidder or, if the vehicle or junk has no sale value, may otherwise
dispose of such vehicle or junk. Any money received from disposal
of any vehicle or junk shall be applied to the expense charged to
the owner or custodian of the vehicle or junk.
[Ord. No. 3521 §3, 12-14-2006]
A.Â
Prior
to the sale of any such vehicle or junk pursuant to this Article,
the Chief of Police or authorized representative of the Board of Aldermen
shall cause to be posted in City Hall, the place of storage and at
least one (1) other public place in the City a notice of sale stating:
1.Â
The City is selling abandoned property;
2.Â
In the case of a vehicle, the color, make, year, model, motor number
and serial number, if available, the license plate or registration
number and the State of issuance, if available, and other information
necessary for an accurate identification of the property;
3.Â
The terms of the sale; and
4.Â
The date, time and place of the sale.
B.Â
The
foregoing notice shall be published not less than ten (10) days and
no more than thirty (30) days prior to the date of the sale.
[Ord. No. 3521 §3, 12-14-2006]
At reasonable times, the Chief of Police or duly authorized
representative of the Chief of Police or of the Board of Aldermen
may enter upon private property for inspection for or for the purpose
of determining the existence of a nuisance as defined in this Article.
If any person refuses to allow entry onto private property, the Chief
of Police or authorized representative of Chief of Police or of the
Board of Aldermen, as applicable, may obtain an administrative search
warrant from the Municipal Court in accordance with the provisions
of this Code and shall proceed in accordance therewith.
[Ord. No. 3521 §3, 12-14-2006]
Upon failure of the owner or occupant of the property on which
vehicles or junk has been removed by the City to pay the unrecovered
expenses incurred by the City in such removal, a lien shall be placed
upon the owner or occupant's property for the amount of such expenses.
