(A) Definition. For purposes of this section, INOPERABLE VEHICLE means any motor vehicle which meets one of the following requirements:
(1) It does not display a valid license plate and is in either a wrecked, partially wrecked, dismantled, partially dismantled, or discarded condition, or is incapable of being driven; or
(2) It is wrecked, partially wrecked, dismantled, partially dismantled, discarded, or is incapable of being driven and has remained in such condition for a continuous period of 14 days.
(B) Location or presence of inoperable vehicles within the city deemed public nuisance; exceptions.
(1) The location or presence of any inoperable vehicle as defined herein, on any lot, tract, parcel of land, or portion thereof within the city shall be deemed a public nuisance and it shall be unlawful for any person or persons to cause or maintain the public nuisance by abandoning or discarding his or her inoperable vehicle or vehicles on the property of another or suffering, permitting, or allowing the same to be placed, located, or maintained or exist upon his or her own real property.
(2) This section shall not apply to vehicles stored inside a garage, in a licensed towing service facility, in a licensed motor vehicle salvage facility, in a licensed scrap processing yard, in a licensed auto repair garage yard, in a licensed paint spray shop yard, in a licensed gasoline station yard, or in a licensed vehicle dealership yard, or any other lawful storage area not within the public view.
(C) Removal of vehicles, service.
(1) Whenever such a public nuisance exists, the zoning inspector who shall administer this section, shall give notice to the owner of the real property whereon the public nuisance exists to abate or remove the public nuisance. The notice and order shall state:
(a) The nature of the public nuisance.
(b) A description and location of the motor vehicle.
(c) A statement that the motor vehicle must be removed from the premises within 14 days after service of the notice and order, or the motor vehicle will be removed by the city.
(d) A statement that removal of the vehicle must be to a location permitted by division (B)(2) above.
(e) A statement of the penalties provided for noncompliance.
(f) A statement that the property owner will be assessed the cost incurred by the city in removing and storing the vehicle.
(g) “This notice and order shall be served upon the record owner of the property in question by first class mail to the address of the property owner shown in the office of the Wood County Treasurer. Failure to receive the notice shall not invalidate the notice. If service is refused, a copy of the notice shall be posted on the premises.”
(2) The notice and order shall be served upon the record owner of the property in question either personally or by leaving a copy at the usual place of residence or business of the owner, or address of the owner shown in the office of the County Treasurer, or by copy mailed to the owner at the place or address by first class mail. If service of the written notice and order is unable to be perfected by any of the hereinbefore methods, then the Zoning Inspector shall cause a copy of the notice and order to be left with the person, if any, in possession of the premises, or, if there is no person in possession thereof, he or she shall cause a copy of the notice and order to be posted on the premises.
(3) Should the record owner of property, within 14 days after receipt of the notice and order, notify the zoning inspector that the inoperable vehicle is either an abandoned vehicle or an abandoned junk motor vehicle which has been left on his or her property without permission of the person having the right to possession of the property and requests removal thereof, the zoning inspector shall cause the removal of the vehicle pursuant to R.C. § 4513.60 or R.C. § 4513.63 respectively.
(4) In the absence of compliance with the notice and order, the zoning inspector shall, at the expiration of the 14-day period provided in the notice and order served upon the record owner of the property, remove the vehicle for the preservation of the life, health, comfort, and safety of the public.
(D) Violation. Whoever violates division (B) above is guilty of a misdemeanor of the third degree.
(Ord. 4522, passed 8-5-1985; Am. Ord. 6479, passed 5-3-1999; Am. Ord. 7754, passed 3-3-2008; Am. Ord. 9139, passed 12-18-2023)
Penalty, see § 70.99