[1]
Cross Reference — Nuisances generally, ch. 220.
[CC 1977 §33-470; Ord. No. 867 §1, 5-20-1970; Ord. No. 2392 §1, 7-7-1997; Ord. No. 2906 §1, 3-7-2005; Ord. No. 3078 §1, 3-16-2009]
For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them:
ABANDONED
Left unoccupied and unclaimed or in a damaged or dismantled condition upon the streets, alleys or public parking lots of the City.
COSTS
The expense of removing, storing or selling an impounded vehicle.
ENCLOSED AREA
Any area which is inaccessible to the public view.
INOPERABLE
Any vehicle with the absence of one (1) or more parts of the vehicle necessary for the lawful operation of the vehicle upon the streets and highways.
OWNER
Any individual, firm, corporation or unincorporated association with a claim, either individually or jointly, of ownership or any interest, legal or equitable, in a vehicle.
PROPERTY
Any real property within the City limits which is not a street or highway.
STREET OR HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
VEHICLES
A machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides and transport persons or property or pull machinery and shall include, without limitation, an automobile, truck, trailer, motorcycle, all terrain vehicle, tractor, riding lawn mower, buggy or wagon, or any portion thereof.
[CC 1977 §33-471; Ord. No. 867 §2, 5-20-1970; Ord. No. 2392 §2, 7-7-1997]
Any wrecked, damaged, demolished, disabled or inoperable vehicle or part or portion thereof which is left or permitted to remain upon any property or street, which is accessible to children or where weeds, grass and other vegetation is allowed to grow in or around such vehicle is hereby declared to be a public nuisance in that such vehicle or part or portion thereof may create a fire hazard or afford a nesting place or breeding place for mosquitoes, flies, rodents, rats and other vermin and also may be an attractive nuisance to children constituting a serious danger and threat to such children and may be an additional costly obstruction to the care and maintenance of such property or street when weeds, grass or other vegetation must be removed by private individuals or the City.
[Ord. No. 2906 §2, 3-7-2005]
A. 
Section 220.070 shall not apply to any vehicle which is totally enclosed within a building on private property within any zoning district.
B. 
Section 220.070 shall not apply to any vehicle which is located to the rear of the premises behind any improvements erected and maintained thereon, or inside an enclosure six (6) feet in height which renders the vehicle not visible from anywhere off the premises.
[CC 1977 §33-472; Ord. No. 867 §3, 5-20-1970]
It shall be unlawful for any person to leave or permit to remain anywhere within the City any vehicle which constitutes a public nuisance as declared by the provisions of this Article.
[CC 1977 §33-474; Ord. No. 867 §4, 5-20-1970; Ord. No. 1716 §1, 6-26-1989]
Whenever the City Administrator, his/her duly authorized representative of the City shall deem that any vehicle that is parked on any property within the City limits is a nuisance as defined herein, such official shall thereupon cause written notice to be served, by mail or by personal service, upon the owner of such property upon which such vehicle or junk is located. Such notice shall state that such vehicle is deemed to be a nuisance within the provisions of this Article and shall briefly state the facts which are deemed to make such vehicle a nuisance within the terms of this Article and further state that such nuisance shall be abated within ten (10) days of receipt of such notice.
[CC 1977 §33-475; Ord. No. 867 §5, 5-20-1970]
It shall be the duty of any person receiving the notice herein provided for to comply with the provisions of such notice and to abate such nuisance within ten (10) days after the date of the receipt of such notice. Any person failing to abate such nuisance within ten (10) days shall also, upon conviction in the Municipal Court, be subject to the penalty provided for the violation of this Code. Each day beyond the ten (10) day period herein provided that such nuisance shall remain unabated by such person shall constitute a separate offense.
[CC 1977 §33-476; Ord. No. 867 §5, 5-20-1970; Ord. No. 1717 §1, 6-26-1989]
If the person upon whom notice has been served pursuant to the provisions of this Article shall fail or refuse to abate such nuisance within the period of time allowed under Section 220.100 of this Article, such failure is hereby declared to be unlawful and such vehicle may be removed and disposed of at the direction of the Chief of Police for the City at the expense of the owner or person in custody thereof. The Chief of Police may direct the removal and disposal of the vehicle at any time after the expiration of the time allowed for abatement under Section 220.100 has expired. Any monies received by the City from disposing of such vehicle(s) shall be applied to the expense to be charged to the owner or person in charge thereof.
[CC 1977 §33-477; Ord. No. 867 §§6 — 7, 5-20-1970]
A. 
The tearing down, stripping, junking, storage, repair or servicing of vehicles is shown to be specifically authorized, permitted or licensed under other provisions of this Code or ordinances of the City or unless necessary repairs are being made by an owner to his/her own vehicle and are completed within seven (7) days.
B. 
The provisions of this Section shall not apply to the tearing down, stripping, junking, storage, repair or servicing of vehicles when such is done by the owner of such vehicle entirely within the confines of an enclosed area between the hours of 7:00 A.M. and 10:00 P.M.
[CC 1977 §33-478; Ord. No. 867 §12, 5-20-1970; Ord. No. 1718 §1, 6-26-1989]
A. 
Prior to the sale of any vehicle under the provision of this Article, any party may redeem said vehicle by applying to the Chief of Police by:
1. 
Submitting evidence to the satisfaction of the Chief of Police of the City of his/her ownership or interest in the said vehicle; and
2. 
Paying all costs due and owing at the time of the verification of the application for redemption of such vehicle by the party asserting said ownership or interest in said vehicle.
B. 
Upon compliance with Subsection (A) of this Section, the Police Chief of the City shall execute a receipt for the applicant and cause the vehicle to be returned to him/her.
[CC 1977 §33-479; Ord. No. 867 §18, 5-20-1970; Ord. No. 1719 §1, 6-26-1989]
A. 
Where the Board of Aldermen selects a private garage for the towing and/or storage of vehicles impounded under this Article, the Board shall also establish reasonable fees for such services by resolution with the following conditions:
1. 
The City shall not be liable for services rendered by a private garage from any source other than such amounts as may be collected from the owner on redemption or from a purchaser upon sale, after the City has deducted its expenses, unless the City shall be the purchaser of the vehicle.
2. 
No lien shall be created by this Article in favor of the private garage upon the vehicle for such services.
3. 
The vehicle shall not be released from the private garage except upon a receipt signed by the Chief of Police of the City, proffered by the purchaser or other proper party.
Nothing in this Article requires the party storing the vehicles and the party towing the vehicles to be the same party.
[CC 1977 §33-486; Ord. No. 867 §9, 5-20-1970]
It shall be the duty of the Police Department, whenever a vehicle is found abandoned upon the streets, alleys or public places within the City in the same position for a period of forty-eight (48) hours, to make a routine investigation to discover the owner and request removal of the vehicle.
[CC 1977 §33-487; Ord. No. 867 §9, 5-20-1970; Ord. No. 1720 §1, 6-26-1989]
A. 
If the owner of an abandoned vehicle is not found, it shall be the duty of the Police Department to place a notice upon the windshield or some other part of the vehicle easily seen by the passing public. Such notice shall state that the Police Department will remove and impound the vehicle under the provisions of this division within twenty-four (24) hours of the day of the posting, unless:
1. 
The owner removes the vehicle; or
2. 
Good cause is shown to the satisfaction of the Chief of Police of the City why such vehicle should not be removed by the owner or removed and impounded by the City.
[CC 1977 §33-488; Ord. No. 867 §10, 5-20-1970]
An abandoned vehicle which remains in the same position for a period of twenty-four (24) hours after a notice to remove has been posted upon such vehicle and no person has appeared to show good cause why such vehicle should not be moved shall constitute a nuisance.
[CC 1977 §33-489; Ord. No. 867 §10, 5-20-1970]
It shall be the duty of the Police Department to remove any abandoned vehicle which shall constitute a nuisance under the provisions of this Article and store such vehicle upon City property or store the same in a private garage pending investigation into the ownership of such vehicle.
[CC 1977 §33-490; Ord. No. 867 §10, 5-20-1970]
A. 
The Police Department, after impounding an abandoned vehicle in accordance with the provisions of this Division, shall:
1. 
Make a diligent inquiry as to the name and address of the owner of the vehicle;
2. 
Examine such vehicle for the license number, motor number, serial number, make, style and any other information which will aid in the identification of the ownership of the vehicle; and
3. 
Thereafter, immediately transmit all available information pertaining to such vehicle to the Secretary of State, with an inquiry for the name and address of the owner, whenever such vehicle is required by law to be registered with the office of the Department of Revenue of the State.