Cross Reference — Nuisances, generally, ch. 225.
[CC 1991 §23-347; Ord. No. 512 §1, 10-15-1974; Ord. No. 835 §1, 11-20-1989]
This Chapter shall be known and may be cited as the "Impounded, Seized, Unattended, Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicle Ordinance".
[CC 1991 §23-348; Ord. No. 512 §2, 10-15-1974]
For the purposes of this Chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- JUNKED MOTOR VEHICLE
- Any motor vehicle which does not have lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle safety inspection certificate, or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded.
- MOTOR VEHICLE
- Any vehicle which is self-propelled and designed to travel along the ground and shall include, but not be limited to automobiles, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, go-carts, golf carts, campers and trailers.
- PRIVATE PROPERTY
- Any real property within the City which is privately owned and which is not public property.
- PUBLIC PROPERTY
- Any street or highway which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular travel, and shall also mean any other publicly owned property or facility.
[CC 1991 §23-349; Ord. No. 512 §3, 10-15-1974]
No person shall park, store, leave or permit the parking, storing or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled condition whether attended or not, upon any public or private property within the City for a period of time in excess of seventy-two (72) hours. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle or parts thereof, on private or public property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this Chapter. This Section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the City and properly operated in the appropriate business zone, pursuant to the zoning laws of the City.
[CC 1991 §23-349.1; Ord. No. 689 §1, 9-11-1984]
In addition to the provisions set forth in this Chapter, the Police Chief, or his/her designee, may issue a warning to the owner of an abandoned, wrecked, dismantled, inoperative or partially dismantled vehicle, which is parked on public or private property, or to the owner of public or private property, or to the owner of private property on which such vehicle is located, to remove the vehicle from the property within forty-eight (48) hours. Any person failing to comply within forty-eight (48) hours of receipt of such notice shall be guilty of a misdemeanor. The form and method of serving such notice shall comply with those provisions set forth in this Chapter, except that the notice shall state that failure to comply with the notice to remove also constitutes a misdemeanor.
[CC 1991 §23-350; Ord. No. 512 §4, 10-15-1974]
Whenever it comes to the attention of the Police Chief or his/her designee, that any nuisance as defined in Section 395.030 exists in the City, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his/her agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this Chapter.
[CC 1991 §23-351; Ord. No. 512 §5, 10-15-1974]
Upon proper notice and opportunity to be heard, the owner of any abandoned, wrecked, dismantled or inoperative vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the City, the owner or occupant of the private property where the same is located, shall be liable for the expenses incurred.
[CC 1991 §23-352; Ord. No. 512 §6, 10-15-1974]
Notice of removal under Section 395.050 shall be given to the owner or occupant of the private property where the vehicle is located, at least five (5) days before the time of compliance. It shall constitute sufficient notice, when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by registered mail to the owner or occupant of the private property at his/her last known address.
[CC 1991 §23-353; Ord. No. 512 §7, 10-15-1974]
The notice to remove a vehicle under this Chapter shall contain the request for removal within the time specified in this Chapter, and the notice shall advise that upon failure to comply with the notice to remove, the City or its designee shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property.
[CC 1991 §23-354; Ord. No. 512 §8, 10-15-1974]
The persons to whom the notices are directed under Section 395.050, or their duly authorized agents may file a written request for hearing before the Board of Aldermen or its designee within the five (5) day period of compliance prescribed in Section 395.070 for the purpose of defending the charges by the City.
[CC 1991 §23-355; Ord. No. 512 §9, 10-15-1974]
The hearing requested under Section 395.090 shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of such hearing at least five (5) days in advance thereof. At any such hearing the City and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
[CC 1991 §23-356; Ord. No. 512 §10, 10-15-1974]
If the violation described in the notice under Section 395.070 has not been remedied within the five (5) day period of compliance, or if a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the Board of Aldermen or its designee, the Chief of Police or his/her designee shall have the right to take possession of the junked motor vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person to enter upon private property for the purpose of removing a vehicle under the provisions of this Chapter.
[CC 1991 §23-357; Ord. No. 512 §11, 10-15-1974]
Within forty-eight (48) hours of the removal of a vehicle under Section 395.110, the Chief of Police shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that such vehicle, has been impounded and stored for violation of this Chapter. The notice shall give the location of where the vehicle is stored, and the costs incurred by the City for removal.
[CC 1991 §23-358; Ord. No. 512 §12, 10-15-1974]
Upon removing a vehicle under the provisions of Section 395.110, the City shall after ten (10) days cause it to be appraised. If the vehicle is appraised at seventy-five dollars ($75.00) or less, the Chief of Police shall execute an affidavit so attesting and describing the vehicle, including the license plates, if any and stating the location and appraised value of the vehicle, The Chief of Police, after complying with the above, may summarily dispose of the vehicle and execute a certificate of sale. If the vehicle is appraised at over seventy-five dollars ($75.00), the Chief of Police shall give notice of public sale not less than ten (10) days before the date of the proposed sale.
[CC 1991 §23-359; Ord. No. 512 §13, 10-15-1974]
The notice of sale under Section 395.130 shall state:
[CC 1991 §23-360; Ord. No. 512 §14, 10-15-1974]
The vehicle identified in the notice of Section 395.140 shall be sold to the highest and best bidder. At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale in duplicate, the original of which to be given to the purchaser, and the copy thereof to be filed with the Clerk of the City. Should the sale for any reason be invalid, the City's liability shall be limited to the return of the purchase price.
[CC 1991 §23-361; Ord. No. 512 §15, 10-15-1974; Ord. No. 835 §2, 11-20-1989]
The owner of any vehicle taken into custody, impounded or otherwise seized pursuant to law by the City may redeem such vehicle at any time prior to the sale or destruction thereof and after release by appropriate public authority in the case of those vehicles held in connection with criminal causes, on proof of ownership and payment to the City Clerk of the actual and reasonable expenses of removal to storage by the City, any preliminary sale or advertising expenses plus eight dollars ($8.00) per day or portion of a day that such vehicle being so redeemed has been in storage with the City.
[CC 1991 §23-362; Ord. No. 512 §16, 10-15-1974]
Upon the failure of the owner or occupant of property on which abandoned vehicles have been removed by the City to pay the unrecovered expenses incurred by the City in such removal, a lien shall be placed upon the property for the amount of such expenses.