(a) Junk motor vehicles means any motor vehicle or trailer that is unlicensed, improperly licensed or uninsured, unless it is in a completely closed building or meeting any three of the requirements of the Ohio R.C. 4513.63(B) to (D) that is left in the open on private property for more than seventy-two consecutive hours with the permission of the person having the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under authority of Ohio R.C. 4737.05 to 4737.12; or regulated under authority of the Municipality; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to possession of the property can establish that the motor vehicle is part of a bona fide commercial operation.
(b) Any person to whom a notice is given pursuant to 303.10(d) may file a written request for a hearing before the Mayor or his designee within the seventy-two hour period of compliance for the purpose of defending against the charges by the City. A hearing requested pursuant to this section shall be held as soon as practicable after the filing of the request. Persons requesting a hearing shall be advised of the time and place of the hearing. The scope of the hearing shall be limited to the following issues:
(1) Whether the person requesting the hearing and given the notice is in charge or control of the property as charged;
(2) Whether the vehicle is a junk motor vehicle, inoperative, unlicensed, improperly licensed, uninsured or meets three of the requirements of Ohio R.C. 4513.63B-D.
The Mayor or his designee shall then either affirm, reverse or modify the order.
(Ord. 31-2006. Passed 5-15-06.)
(c) Persons may store or keep any collector’s vehicle as defined in Ohio R.C. 4501.01(F) on private property with the permission of the person having the right to the possession of the property; except that such person having such permission shall conceal, by being housed in a garage or other suitable structure any collector’s vehicle whether operable, inoperable, licensed or unlicensed.
(d) Council, the Chief of Police or the Municipal or Zoning Authority, may send notice by certified mail with return receipt requested to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure or shall be removed from the property.
(e) No person shall willfully leave a junk motor vehicle in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice. Each subsequent period of thirty days that a junk motor vehicle continues to be left constitutes a separate offense.
(f) Whoever violates this section is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by the Municipality in disposing of such junk motor vehicle, less any money accruing to the Municipality from such disposal.
(Ord. 47-2003. Passed 7-21-03.)