(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JUNK/DERELICT VEHICLE. Any vehicle, as defined herein, which is any of the following: wrecked, dismantled, partially dismantled, inoperative, deteriorated, decayed, lacks necessary repairs or maintenance, abandoned, bearing no state license plate or bearing a state license plate that is more than three months out of date, discarded or stored or parked outside of an enclosed building on the premises of a motor vehicle repair facility for a period of more than 30 days.
OWNER. Any person, firm or corporation having a legal or equitable interest in the property, including an officer, guardian, executor, administrator, mortgagee in possession, managing or leasing agent of such person, firm or corporation.
PRIVATE PROPERTY. Any real property which is not public.
PUBLIC PROPERTY. Property which is dedicated to the public use and over which the federal, state or municipal government or any political subdivision thereof exercises control and dominion.
VEHICLE. A device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices designed to be moved by human power or used exclusively upon
stationary rails or tracks, including, but not limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, boats, trailers and recreational vehicles and campers.
(B) Prohibited; nuisance declared.
(1) It shall be unlawful and an offense for any person to park, store, leave or permit the parking, storing or leaving of any junk/derelict vehicle of any kind, whether attended or not, upon any public or private property within the city for a period of time in excess of 72 hours. The presence of junk vehicles, 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 section.
(2) The provisions of division (B)(1) above shall not apply to any vehicle enclosed within a building on private property, or to any vehicle held in connection with a lawful business enterprise and property operated in the appropriate zone pursuant to the zoning ordinance, or to any vehicle in operable condition specifically adopted or designed for operation on drag strips or raceways, or any vehicle retained by the owner for antique collection purposes in a storage place in an enclosed building on private property maintained in a lawful place and manner. However, this section does not exempt vehicles parked or stored outside an enclosed building for a period in excess of 30 days on the premises of a motor vehicle repair facility.
(C) Order of abatement. In all cases where it shall have been determined that any nuisance shall be abated, and the nuisance is not abated within the time specified in the notice, an order of abatement shall be entered by the City Manager or designee who shall assign a value to the vehicle and cause the vehicle or its parts to be removed and stored in a proper place for not more than 30 days.
(D) Responsibility for removal.
(1) Upon proper notice and opportunity to be heard, the owner of the private property on which the junk/derelict vehicle is located shall be responsible for its removal. In the event of removal and disposition by the city or its designee, the owner of the private property where the vehicle is located shall be liable for the expenses incurred.
(2) The owner of any vehicle so removed may regain possession thereof by making application to the Community Development Department within 30 days after its removal. The owner shall pay the designated wrecker service all reasonable costs of towing and storage liens which shall have accrued to such vehicle. If the vehicle is not reclaimed within 30 days, it may be sold without further notice from the city.
(E) Notice to remove.
(1) The City Manager, or designee, shall give notice of removal to the owner of the private property where a nuisance, as defined by this section, is located. At least ten days notice shall be given to the owner of the property by mail at the address shown by the current year's tax rolls in the County Treasurer's Office before the city takes action. It shall constitute sufficient notice when at the time of mailing of the notice to the property owner the Director shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee; and if such person or entity cannot be found, then a copy of the notice may be served by posting a copy in some conspicuous place on the premises upon which the vehicle is located, at least ten days prior to any abatement action by the enforcement official.
(2) The notice shall order the property owner to abate the nuisance, and shall further state that unless such abatement is performed within ten days of the date of the notice the nuisance may be abated by the city.
(F) Hearing.
(1) The owner may give written consent authorizing the city to abate the nuisance under this section. Such consent shall waive the right to a hearing under division (F)(2) below.
(2) At any time within ten days from the date of the notice and order provided for in this section, the owner may request, in writing to the City Manager, a hearing to be conducted for the purpose of contesting the determination that a nuisance exists upon his or her property. The City Manager shall conduct such hearing as soon as may be practicable but not earlier than five days after receipt of the owner's request for such hearing, and not later than 15 days after such receipt.
(3) At such hearing the owner shall have the right to be represented by counsel, to present testimony, evidence and arguments, and to cross-examine witnesses. All testimony shall be taken under oath. If the City Manager, after such hearing, shall determine that the junk/derelict vehicle constitutes a growing blight or a substantial detriment to the health and safety of the residents of the community, he or she shall file, in writing, findings of fact, and order that such nuisance be abated within ten days, and shall cause such findings and order to be served upon the owner at the conclusion of the hearing.
(G) Removal of motor vehicle from property. If the violation described in the notice served pursuant to this division has not been remedied within the ten-day period of compliance, or in the event that a notice requesting a hearing has not been timely filed and the existence of the violation is affirmed by the City Manager, then the City Manager or designee may continue to recommend prosecution of criminal charges on a daily basis for failure to abate the nuisance and/or shall have the right to take possession of the inoperative or junk/derelict vehicle and remove it from the premises. It shall be unlawful for any person to interfere, hinder or to refuse to allow the person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this section.
(Prior Code, § 9-501) (Am. Ord. 1683, passed 10-1-02; Am. Ord. 1856, passed 10-18-11) Penalty, see § 10.99