(a) Definitions. As used in this section:
(1) "Motor vehicle" for purposes of this section, and this section only, means any self propelled device used for transportation of people or goods over land surfaces and licensed as a motor vehicle. The term includes without limitation, automobile, truck, bus, recreational camper or camper trailer, trailers of any style, boat or boat trailer, construction equipment including backhoes and bobcats, mowers or mower trailers and motorcycle.
(2) "Unlicensed motor vehicle" means any motor vehicle not displaying a current valid license plate, including any validation sticker, other than a motor vehicle exempt under Ohio R.C. Chapter 4503.
(3) "Major work" means any repair, which requires the engine drive train, transmission assembly, exhaust system, or similar parts to be removed from the vehicle, and/or requires the removal of any internal parts, which cannot be completed in 24 hours.
(4) "Body work" means any activity involving the use of a power-operated tool or machine, application of paint and epoxy or other similar application, which requires the use of an air compressor, to effect modification to the exterior or interior of a vehicle.
(5) "Junk motor vehicle" means any motor vehicle not capable of legal operation at the time of the notice or citation on public streets or waterways in accordance with applicable ordinances and laws. The fact that a motor vehicle is not equipped with license plates as required by State law shall mean that it is not capable of such legal operation on public streets or waterways. Further, a junk motor vehicle is also defined as one that is partially dismantled, wrecked or deteriorating to such an extent that its continued presence would create a negative impact on property values and/or create a blighting influence on the neighborhood.
(6) "Inoperable motor vehicle" means any motor vehicle missing wheels, tires, windshield, motor or transmission or which has been so damaged as to appear not safely operable. Any motor vehicle that remains parked or near the same location for more than thirty (30) consecutive days shall be presumed to be inoperable.
(b) No person, firm or corporation shall store, maintain or park outdoors or permit the storage, maintenance or collection of any inoperable, unlicensed or junk motor vehicles on his, her or its premises or property, or any premises or property under his, her or its control, or in any other place within the Village, unless the motor vehicle is within a building so as not to be visible from the street or neighboring properties and, when applicable, the motor vehicle is titled to the owner or resident of the premises or property. A junk motor vehicle being held at a properly zoned business may be exempt for the provisions of this section. Putting a fence around junk motor vehicles does meet the requirement for compliance with this section. Also, tarping or covering a junk motor vehicle does not meet the requirement for compliance with this section.
(c) No person, firm or corporation shall park, store or keep or have outdoors on any premises or property any motor vehicles in a state of major disrepair, or in the process of being stripped or dismantled, unless the vehicle is within a building so as not to be visible from the street or neighboring properties and the vehicle is titled to the owner or resident of the premises or property. A junk motor vehicle being held at a properly zoned business may be exempt for the provisions of this section
(d) No person, firm or corporation shall perform major repair or body work on any motor vehicle unless the motor vehicle is within a building so as not to be visible from the street or neighboring properties and the motor vehicle is titled to the owner or resident of the premises or property. A junk motor vehicle being held at a properly zoned business may be exempt for the provisions of this section.
(e) Any person, firm or corporation violating any provision of this section shall, within five (5) working days after receiving notification of such violation by a representative of the Village of Cardington, remove or cause to be removed any junk, unlicensed or inoperable motor vehicle or have the same placed in a building so as not to be visible from the street or neighboring properties. Extensions may be granted by the Zoning Inspector for good cause shown.
(f) A notice to remove shall be sent by letter to the person, firm or corporation who owns and the person who resides at the real property, if different, upon which the violation occurs at the property address or to the then current tax mailing address. The person, firm or corporation who owns or resides at the real property has five working days from when they receive the letter to correct or eliminate the violation.
(g) Upon failure of any person, firm or corporation (or resident) having charge of the real property referred to in subsection (f) hereof to comply with the notice of removal within the period of time stipulated, the Chief of Police shall cause such unlicensed, inoperable or junk motor vehicle and/or parts thereof to be removed immediately on behalf of the Municipality. The law enforcement officer shall record the make of motor vehicle, the serial number when available, and shall also detail the violation. The Chief of Police shall notify such owner, lessee, agent or resident or tenant via citation that the Village has removed the vehicle and that the owner of the vehicle may claim the vehicle within 30 days if payment of the tow and impound fees are received. Such law enforcement officer shall execute an affidavit that describes the motor vehicle and that the Village's representative has complied with all the requirements of this section. The law enforcement officer shall sign and file the said affidavit with the Clerk of Courts of the Village of Cardington Mayor's Court.
(h) Whoever violates any provision of this section shall be guilty of a misdemeanor of a fourth degree for first offense. If the offender has been previously convicted of violating this section, then a subsequent violation of any subsections hereof is a misdemeanor of the first degree.
(i) Upon a finding of guilty, the court may order the owner of any motor vehicles that have been impounded or that are stored or parked in violation of this section to remove all such vehicles to a place where they may be lawfully stored or parked, or the court may order all such vehicles to be disposed of. Any and all costs incurred by the Village in impounding or towing vehicles in accordance with this subsection shall be the joint responsibility of the real property owner, and, if a different person, the vehicle owner. The Court shall, to the extent permitted by law, order these costs paid as restitution. Further the Village may seek to recover such costs through a civil action. (Ord. 2010-35. Passed 10-18-10.)