[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
For the purposes of this Chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this Section:
Any motor vehicle that requires licensing for highway operation
that is not currently properly registered with the State; or, that
will not pass a State safety inspection without repair; or, that has
been unable to start the engine and propel itself when such condition
has been in effect or more than seventy-two (72) hours.
Any machine propelled by other than human power designed
to travel along the ground by means of wheels, treads, runners or
slides including, but not limited to, automobiles, trucks, trailers,
motorcycles, tractors, wagons, buggies or any part thereof.
Any land owned by the City or located within the City limits,
not including streets and highways.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Any inoperable vehicle or trailer or any part thereof located
on any street or highway that remains unmoved for seventy-two (72)
hour is a public nuisance.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
It shall be unlawful for any person to create or maintain a
nuisance prohibited by this Chapter or to abandon any vehicle on any
street or highway or on any property without consent of the owner.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
The Chief of Police or his duly authorized representative may
enter upon private property for inspection of for the purpose of removing
any vehicle or inoperable vehicle in accordance with this Chapter.
If any person refuses to allow entry onto his private property, the
Chief of Police may obtain a warrant from the proper official and
proceed in accordance with the warrant.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Whenever the Chief of Police or his duly authorized representative
determines that any motor vehicle or inoperable motor vehicle is a
nuisance prohibited by this Chapter, he shall cause written notice
to be served upon the owner of the motor vehicle or inoperable motor
vehicle, if such owner can be located, or the person in custody of
such vehicle or inoperable motor vehicle by registered or certified
mail or by personal service. The notice shall state that the vehicle
or inoperable motor vehicle is deemed to be a nuisance within the
provisions of this Chapter and shall briefly state the facts deemed
to constitute such nuisance shall be abated within seven (7) days
from receipt of such notice.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1251 §II, 8-29-1989; Ord. No. 1445 §4, 3-14-2001]
When the owner or custodian of any nuisance prohibited by this
Chapter cannot be located by reasonable search, the notice shall be
attached to the property, briefly stating the facts deemed to constitute
the property a nuisance and stating that the nuisance shall be abated
within seven (7) days of the date the notice was posted or, if the
vehicle is on public property, within two (2) days of the date notice
was posted.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Any person receiving the notice to abate the nuisance provided
for in this Chapter shall comply with the provisions of the notice
requiring abatement. Failure to comply with such notice is unlawful.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
If the nuisance prohibited by this Chapter is not removed within
the time specified in the notice, the vehicle or inoperable motor
vehicle shall be transported to a storage area by or at the direction
of the Chief of Police or his duly authorized representative at the
expense of the owner or person in custody thereof. The vehicle or
inoperable motor vehicle shall be stored for a period of at least
ninety (90) days, and the person entitled to possession thereof may
redeem the vehicle or junk by payment to the City of the actual cost
of its removal and a reasonable storage fee. If the vehicle or inoperable
motor vehicle is unredeemed after the expiration of the ninety (90)
day period, the Chief of Police shall 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 person in charge thereof.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
A.
Prior
to the sale of any unredeemed vehicle or inoperable motor vehicle
declared a nuisance under this Chapter, the Chief of Police shall
cause to be published in a newspaper of general circulation within
the City a notice of sale stating the following:
B.
This
notice shall be published not less than ten (10) days nor more than
thirty (30) days prior to the date of the sale.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001; Ord. No. 1576 §1, 2-12-2003]
The provisions of this Chapter are not applicable to any vehicle
upon the property of a business licensed as salvage, swap, junk dealer,
towing or storage facility or repair establishment so long as the
business is licensed, if required; is operated in compliance with
its business license; and the property is in compliance with applicable
zoning ordinances.
[1]
Editor's Note — Ord. no. 1445 §§1 —
4 adopted on March 14, 2001, repealed §225.110. Former §225.110
derived from ord. no. 1244 §V, 4-3-89. This section has been
reserved for the city's future use.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1251 §III, 8-29-1989; Ord. No. 1445 §4, 3-14-2001]
No person shall park or store or allow another person to park
or store motor vehicles upon residential property within the City
limits, unless such vehicle is located in a building or garage or
upon a driveway or other hard surface area composed of concrete, asphalt
or crushed rock so that no grass, weeds or vegetation shall grow up,
under or around such vehicle. Any driveway or hard surface area must
conform to setback and other regulations of City zoning and subdivision
ordinances.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001; Ord. No. 1576 §2, 2-12-2003; Ord. No. 2367, 6-13-2019]
A.
No
person shall park or store or allow another person to park or store
inoperable motor vehicles upon property within the City limits unless
such parking and storage conforms to the following conditions:
1.
No more than two (2) inoperable motor vehicles shall be parked or
stored on any single property or on contiguous properties that are
under the same ownership.
2.
Inoperable vehicles shall be parked or stored in a building or garage
or upon a driveway or other hard surface area composed of concrete,
asphalt or crushed rock so that no grass, weeds or vegetation shall
grow up, under or around such vehicle(s).
3.
Inoperable vehicles shall be covered with a non-plastic cloth or
composite material cover that has been specifically designed and sold
as a vehicle cover. Such cover shall be securely fastened around the
vehicle in such a manner that both front and rear bumpers are covered
and no part of the vehicle is visible above the bottom of the door
panels.
4.
Inoperable vehicles shall be parked or stored so as to ensure that
they do not leak fuel, oil, anti-freeze or other vehicle-related fluids.
5.
All parts, supplies and tools used to repair, restore or rehabilitate
an inoperable vehicle shall be stored so that they are not visible
from a street or right-of-way.
6.
Inoperable vehicles shall be locked or otherwise secured so as not
to create a fire, safety or health hazard or to be an attraction to
children.
[Ord. No. 1244 §V, 4-3-1989; Ord. No. 1445 §4, 3-14-2001]
Motor vehicles and inoperable motor vehicles may be temporarily parked or stored on residential property not on a hard surface for the limited purposes of awaiting licensing or awaiting insurance adjustment. Vehicles parked or stored under this provision for more than seventy-two (72) hours must comply with all conditions in Section 225.130 except condition (2). However, in no event shall a vehicle be stored or parked off a hard surface under this exception for a period of more than sixty (60) days.
[1]
Editor's Note — Ord. no. 1445 §§1 —
4 adopted on March 14, 2001, repealed §225.150. Former §225.150
derived from ord. no. 1244 §V, 4-3-89. This section has been
reserved for the city's future use.
[Ord. No. 1445 §5, 3-14-2001]
A.
An
owner who fails to abate a nuisance within the time limits of a abatement
order/notice issued by the City (such time limit shall not be less
than seven (7) days) shall be guilty of an offense and may at the
option of the City be charged in Municipal Court with the "failure
to abate a nuisance".
B.
Any person convicted of this offense shall be punished as provided in Section 100.070 of the City Code.
C.
Each
day on which any owner "fails to abate a nuisance" under this Section
may (at the option of the City) be charged with a separate offense
for which the owner may be arrested, tried, convicted and punished
without necessity of further notices.
