(a) Definitions.
(1) "Junk motor vehicle" means any motor vehicle left on private property for more than 72 hours other than in a closed garage, on a public street or other property open to the public for the purpose of vehicular travel or parked upon or in the right-of-way of any road or highway, for 48 hours or longer, meeting any of the following requirements:
A. Twenty years or older, and apparently inoperable;
B. Extensively damaged; such damage shall include, but not limited to any of the following: missing wheel or wheels, tire or tires, motor or transmission;
C. Apparently inoperable;
D. Having a fair market value of two hundred dollars ($200.00) or less.
(b) Public Nuisance. Except as otherwise provided herein, the deposit, storage, maintenance, or collection of junk or junk cars outside of a building or buildings is declared to be a public nuisance and offensive to the public health, welfare, and safety of the residents of the Village.
(c) Abandoned Vehicles. No person shall park, store or leave, or permit the parking or storing of any unlicensed motor vehicle or any vehicle in a rusted, wrecked, junk, partially dismantled, inoperative or abandoned condition, whether attended or not, for a period in excess of 72 hours, upon any private property within the Village, unless the same is completely enclosed within a building or unless it is in connection with a business enterprise operated in a lawful place and manner and licensed as such, when necessary to the operation of such business enterprise.
(d) Investigation. The Mayor or his designee shall investigate all reports of junk or junk cars and shall turn over to the Chief of Police and/or the Property Inspector all information and reports made relative thereof, after having notified the owner of such junk car or junk as required by this chapter or any provision of the Ohio Revised Code.
(e) Notice to Remove.
(1) No person in charge or control of any premises within the Village whether as owner, tenant, lessee, occupant or otherwise, shall allow any junk or junk car to remain upon such premises longer than seven days after receipt of written notice to be issued and delivered by the Police Chief, and/or the Mayor's designees. Such written notice above referred to shall be served upon the person either personally or at his usual place of residence or by registered or certified mail addressed to such person's last known place of residence. If the certified mail is return marked "refused" or "unclaimed", notice shall be sent by regular mail with the seven-day period for compliance commencing on the date of mailing.
(2) The provisions of this section, however, shall not apply to the deposit, storage, maintenance, collection, parking or otherwise keeping of junk or junk cars in an enclosed building or in a regularly established junk yard.
(f) Junk Car Removal. The Mayor and/or his or her designee are authorized to remove or cause to be removed any junk car remaining at any place within the Village in violation of the provisions of this section. Such junk car shall be impounded until lawfully claimed or disposed of in accordance with the provisions of R.C. §§ 737.32 or 4513.60.
(g) Bids for Storage. The Mayor and/or his or her designee is authorized to advertise for bids for a junkyard or scrap metal disposal for purposes of disposing of junk, junk cars, abandoned motor vehicles and unclaimed motor vehicles and also to advertise for bids for a place of storage for such junk, junk cars and abandoned and unclaimed vehicles.
(h) Right of Entry. The Mayor and/or his or her designee, and contracting agent of the Village, and employee of such contracting agent, and authorized officer, employee and agent of the Village, and each of them, are hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this chapter. Any person to whom notice was given pursuant to this section shall have the right to remove or house such motor vehicle in accordance with such notice at his or her own expense at any time prior to the arrival of the Mayor and/or his or her designee for the purpose of removal.
(i) Penalty.
(1) Whoever violates any provision of this chapter, for which another penalty is not already provided, shall be fined no more than one hundred dollars ($100.00).
(2) A. Whoever violates any provision contained under this section, or any rule or regulation promulgated thereunder, or fails to comply therewith or with any written notice, or order issued thereunder, or whoever interferes with, obstructs or hinders the Property Inspector or his or her duly designated representatives while attempting to remove such junk or junk cars or inspection thereof, is guilty of a minor misdemeanor on the first offense, a fourth degree misdemeanor upon the second offense and a third degree misdemeanor upon the third offense, a second degree misdemeanor upon the fourth offense, all as defined by the Ohio Revised Code. Each day such violation occurs and continues shall constitute a separate offense.
B. In addition to any other penalty allowed by law, the person shall also be assessed any costs incurred by the Village in disposing of such junk or junk car less any money accruing to the Village from such disposal.
(Ord. 89-5. Passed 8-1-89; Ord. 2014-11. Passed 11-10-14.)