(a) Definition. For purposes of this section, “junk motor vehicle” means any motor vehicle meeting the requirements of Section 355.01
(f)(2), (3), (4) and (5) and that is left uncovered in the open on private property more than seventy-two hours with the permission of the person having the right to the possession of the property, excepting, however, any vehicle being held in a junkyard or scrap metal processing facility licensed under authority of the City, or any vehicle being held for bona fide repairs on a repair order at an automobile service station or garage or body shop, or any vehicle stored on property owned by or under contract with the City permitting the storage of vehicles on such property.
(b) Prohibitions. No person shall permit the storage of a junk motor vehicle, junk motor vehicle parts or an unlicensed collector’s vehicle, as defined in Ohio R.C. 4501.01, in an uncovered condition on private property for more than seventy-two hours with the permission of the person having the right to possession of the property. No person having the right to the possession of property where a junk motor vehicle, junk motor vehicle parts or an unlicensed collector’s vehicle is stored, shall willfully leave such vehicle or parts uncovered, in the open, for more than ten days after receipt of notice as provided in subsection (c) hereof. The fact that the vehicle or parts are so left is prima facie evidence of willful failure to comply with the notice, and each subsequent period of thirty days that the vehicle or parts continue to be left constitutes a separate offense.
(c) Notice to Remove. Upon notice to either the Police Department or the Health Department that any person is storing a junk motor vehicle, junk motor vehicle parts or an unlicensed collector’s vehicle in violation of subsection (b) hereof, the Chief of Police or his designee, may send notice, by certified mail, return receipt requested, or may make service of such notice by personal delivery, to the person having the right to the possession of the property upon which the vehicle or parts are left, that within ten days of receipt of the notice, the vehicle or parts either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property. If the vehicle is registered to someone other than the owner of the property, such notice shall be also sent by certified mail to the registered owner’s last known address as reflected on the vehicle title. In the event that the person having the right to the possession of the property or the registered owner of the vehicle cannot be found after reasonable effort and diligence, a notice shall be posted in a conspicuous place on a building and on the vehicle or parts for a period of at least ten days.
(d) Right of Appeal. Any recipient of a notice to remove a junk motor vehicle may appeal the same in writing to the Director of Public Safety within ten days after its receipt. If the recipient of a notice fails to file an appeal, it shall be conclusively presumed that the vehicle is, in fact, a junk motor vehicle and a nuisance subject to removal.
(e) Hearing on Appeal. Within 10 days after the filing of an appeal, it shall be heard by the Safety Director who shall rule whether the motor vehicle is a junk motor vehicle pursuant to subsection (b). If the Safety Director determines the vehicle is junk pursuant to subsection (b), he may order the vehicle removed by the Police Department in accordance with subsection (f).
(f) Removal of Nuisance. A junk motor vehicle found to be a nuisance may be removed immediately by any police officer at his discretion. If the officer removes the vehicle, it shall be towed to the City of Canton’s Impound Lot. Such vehicle shall be stored until lawfully claimed by the payment of towing and storage charges or disposed of in accordance with the provisions of Ohio R.C. 4513.62, 4513.63, 4513.64 and 4513.65.
(g) Penalty. Whoever violates subsection (b) is guilty of a minor misdemeanor and shall be assessed any costs incurred by the City in disposing of such abandoned junk motor vehicle. On a second offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense, such person is guilty of a misdemeanor of the third degree. Each 30-day period that a junk motor vehicle continues to be left after receipt of a notice to remove as provided in this section constitutes a separate offense.
(Ord. 20-97. Passed 2-3-97.)