(a) Definitions. The following terms have the following meanings:
“Junk vehicle” or “junk motor vehicle” means any vehicle or motor vehicle including, but not by way of limitation, automobile, car, truck, construction equipment, recreational vehicle, trailers and/or any part(s) thereof, which is or are:
(1) Extensively damaged, such damage includes, but is not limited to, missing wheels, tires, engine, engine components, transmission, structural damage, extensive or significant nonstructural exterior/interior damage; and/or
(2) Inoperable or operable in an unsafe condition as evidenced by, but not by way of limitation, no valid vehicle or motor vehicle license plate or similar identifying device issued by the County of Ashtabula or State of Ohio; flat tires; missing engine or engine components; any other condition which would result in the vehicle or motor vehicle being in violation or Ohio R.C. 4513.02 regarding safe vehicles.
(b) Prohibitions.
(1) No person, corporation or legal entity owning, leasing, residing in, or at, or otherwise having possession or control of real property within the corporate limits of Ashtabula, or owner of any junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle or component thereof, shall allow a junk vehicle or motor vehicle, or any part thereof, to remain in the open and public view on such real property.
(2) No person, corporation, or legal entity owning, leasing, residing in or at, or otherwise having possession or control of real property that is a bona fide component of a bona fide commercial operation within the corporate limits of Ashtabula, shall allow a junk vehicle or motor vehicle, or any part thereof, that is a bona fide component or part of said bona fide commercial enterprise, to remain in the open and public view on such real property for more than thirty consecutive days.
(c) Investigation by the City. The City Manager or the City Manager’s designee shall, upon completion of an investigation, which shall include the taking of photographs depicting the junk or improperly/unlicensed vehicle or motor vehicle, determine whether or not subsection (b) hereof has been violated. In the event there is probable cause to believe a violation of subsection (b) hereof has occurred, the City Manager or his designee may issue a summons and citation to the responsible person(s), corporation(s) or legal entity or entities responsible for the purpose of initiating, in the Municipal Court, the appropriate misdemeanor judicial procedure regarding the same.
(d) Removal by the City. In addition to the procedure provided for in subsection (c) hereof, the City Manager or the City Manager’s designee may, after determining probable cause exists to believe a violation of subsection (b) hereof has occurred, initiate the following procedure against the person, corporation or legal entity owning the subject vehicle, motor vehicle or component(s) thereof or against the person, corporation or legal entity owning, leasing, residing in or at, or otherwise having possession or control of the real property upon which the same is/are located to insure the junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle, or any components thereof are properly removed:
(1) A “Notice of Violation” shall be provided to such person, corporation or legal entity advising said person, corporation or legal entity of the violation of the within section. The “Notice of Violation” shall advise such person, corporation or legal entity that he, she or it is in violation of the within section. In addition, the “Notice of Violation” shall contain language instructing the responsible person, corporation or legal entity that the junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle or any component thereof must, within seventy-two hours of the “Notice of Violation” being delivered, be removed from the real property at or upon which it is located to another legal location. The “Notice of Violation” may be delivered to such person, corporation or legal entity by U.S. certified mail, return receipt requested or by residential service or by personal service. In the event the delivery of the “Notice of Violation” sent via U.S. certified mail service is returned and marked either “refusal” or “unclaimed” or is otherwise not received by the person, corporation or legal entity to whom or which it was sent, service of the “Notice of Violation” may be accomplished via First Class ordinary U.S. mail, postage prepaid. In that event a Certificate of Mailing shall be secured by the City for the purpose of showing successful service.
(2) In the event the name and/or mailing address of the person, corporation or legal entity of the subject real property is unknown or unavailable, delivery of the within “Notice of Violation” will be satisfied through the publication of the same once in a newspaper of general circulation within the County.
(3) In the event the subject junk vehicle, motor vehicle, improperly licensed vehicle/motor vehicle or any component thereof is not properly removed from the real property within seventy-two hours of the “Notice of Violation” being delivered, the City may, through the City Manager or the City Manager’s designee, cause the same to be removed and properly “scrapped” or discarded with all costs relating thereto being assessed against the responsible person, corporation or legal entity.
(e) Right of Entry. The City Manager or the City Manager’s designee, including any contracting agent or agency of the City or an employee of said contracting agency, or any agency, or any other person, corporation, or legal entity retained or designated by the City Manager or the City Manager’s designee, is hereby expressly authorized to enter upon private property for the purpose of reinforcing the provisions of this section. No person shall interfere, hinder or refuse to allow the aforementioned individuals or agencies to enter upon private property for the purposes prescribed in this section. Any person, corporation or legal entity to whom notice was delivered pursuant to subsection (d) hereof, shall have the right to remove any vehicle, motor vehicle or component thereof in accordance with such “Notice of Removal”, at his or her own expense, at any time prior to the arrival of any of the aforementioned individuals or agencies.
(f) Fee/Charge from any Individual or Corporate Towing Company and Storage/Impound Facility. Any fees or charges assessed or incurred by the enforcement of this section shall be assessed against and incurred by the owner of such vehicles, motor vehicles and/or parts/components thereof; or person, corporation or legal entity in lawful possession or control of the private property upon which such vehicles, motor vehicles and/or components thereof are located.
(g) Penalty. Whoever violates subsection (b) hereof is guilty of a misdemeanor and shall be fined five hundred dollars ($500.00). Each day subsection (b) hereof is violated shall be considered a separate offense. Each separate vehicle, motor vehicle and/or part/component thereof found to be located in violation of subsection (b) hereof shall constitute a separate offense.
(Ord. 2006-82. Passed 6-19-06.)