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It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.
(Code of Iowa, Sec. 364.12[3a])
The provisions of this chapter do not apply to any junk or a junk vehicle stored within a:
1. Structure. A garage or other enclosed structure;
2. Salvage Yard. An auto salvage yard or junk yard lawfully operated within the City; or
3. Lawful Business. Any lawful business within a properly zoned area, wherein the junk or junk vehicle(s) are necessary to carry out the primary function of the business. This would not include junk or junk vehicles that have not been used for excessive periods of time.
1. Race Cars. Vehicles used for racing, if they are under a fitted car cover and parked on a concrete, asphalt, or rock/gravel parking area. Parking on grass or other areas of the property would be acceptable if the area is enclosed by a privacy fence of at least six feet.
2. Vehicles Being Restored and Parts Cars. Such vehicles are acceptable if they are under a fitted car cover and parked on a concrete, asphalt, or rock/gravel parking area. Parking on grass or other areas of the property would be acceptable if the area is enclosed by a privacy fence of at least six feet. Vehicles being restored must be completed within one year to qualify for this exception unless an extension is granted by the Police Chief following a showing of proof that significant progress has been made toward the restoration. Parts cars will only qualify for this exception during the actual restoration of the primary vehicle or during any granted extensions.
3. The Police Chief may grant other exceptions in his or her discretion as long as these exceptions meet the primary intent of this chapter. Any such exceptions will be in writing and for a specific period of time.
Upon discovery of any junk or junk vehicle located upon private property in violation of Section 51.03, the City shall within five (5) days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances.
(Code of Iowa, Sec. 364.12[3a])