(a) Definitions. As used in this section:
(1) “Body work”. 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 modifications to the exterior or interior of a vehicle.
(2) “Inoperable motor vehicle”. Any motor vehicle missing wheels, tires, windshield, motor or transmission, or which has been so damaged as to appear not safely operable. Any vehicle that remains parked or near the same location for more than 30 consecutive days shall be presumed to be inoperable.
(3) “Junk vehicle”. Any 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 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 and waterways. Further, a junk 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.
(4) “Major repair”. 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. Completion of the work shall not exceed a time period of thirty (30) days from the date of the first repair work performed on the vehicle while on the property or six (6) months from the date the vehicle was first on the premises for purposes of repair, whichever is earlier.
(5) “Motor vehicle”. 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 vehicle and motorcycle.
(6) “Unlicensed motor vehicle”. Any motor vehicle not displaying a current valid license plate, including validation sticker, other than a motor vehicle exempt under R.C. Ch. 4503.
(Ord. 2008-01. Passed 4-28-08.)
(b) No person, firm or corporation shall store, maintain or park outdoors or permit the storage, maintenance or collection of any inoperable, unregistered or junk motor vehicles on his or her premises or property, or any premises or property under his or her control, or in any other place within the Village, unless the vehicle is properly covered by being housed in a garage or other suitable structure or within a building so as to not create a negative impact on property values and/or create a blighting influence on the neighborhood and the vehicle is titled to the owner or resident of the premises or property. A junk vehicle being held at a properly zoned business for storing the same may be exempt from the provisions of this statute.
(c) No person, firm or corporation shall park, store, keep or have outdoors on any premises or property any motor vehicle(s) in a state of major disrepair or in the process of being stripped or dismantled, unless the vehicle is properly covered by being housed in a garage or other suitable structure or within a building so as to not create a negative impact on property values and/or create a blighting influence on the neighborhood and the vehicle is titled to the owner or resident of the premises or property. A junk vehicle being held at a properly zoned business for storing the same may be exempt from the provisions of this section.
(d) No person, firm or corporation shall perform major repair or body work on any motor vehicle unless the vehicle is properly covered by being housed in a garage or other structure or within a building so as to not create a negative impact on property values and/or create a blighting influence on the neighborhood and the vehicle is titled to the owner or resident of the premises or property. A junk vehicle being held at a properly zoned business for storing the same may be exempt from the provisions of this section.
(e) Any person violating any provision of this section shall, within ten days after receiving notification of such violation by a person acting on behalf of the Police Department, remove or cause to be removed any junk vehicle, or have the same properly covered by being housed in a garage or other suitable structure or placed in a building so as to not create a negative impact on the property values and/or create a blighting influence on the neighborhood. Extensions may be granted by the Chief of Police for good cause shown.
(Ord. 2020-11. Passed 11-23-20.)
(f) Notification shall be by certified or registered letter or by personal service to the owner of the real property upon which the violation occurs at the then current mailing address of the owner. Personal service shall be considered valid and received by the owner if served upon any adult human being at said real property. If such service is refused or undeliverable, notification may be made by posting in a prominent place on said property.
(g) Upon failure of any owner, lessee, agent or tenant having charge of the lots and lands referred to in division (f) of this section to comply with the notice of removal within the period of time stipulated, the Chief of Police shall cause such nuisance vehicle and/or parts thereof to be removed immediately on behalf of the municipality. The Chief of Police shall order the same vehicle to be photographed by a law enforcement officer in the place where the violation(s) occurred. The law enforcement officer shall record the make of the motor vehicle, the serial number when available, and shall also detail the violation. The Chief of Police shall notify immediately as per division (f) of this section that the Village has removed the vehicle and the owner of the vehicle may claim the vehicle within thirty days if payment of the tow and impound fees are received. Furthermore, the Village is not responsible for the nuisance vehicle. Such law enforcement officer shall execute an affidavit that describes the motor vehicle and that he or she and/or the Village’s representative has complied with all requirements of this section. The law enforcement officer shall sign and file said affidavit with the Clerk of Courts of Xenia Municipal Court. (Ord. 2008-01. Passed 4-28-08.)
(h) Whoever violates any provision of this section shall be guilty of a minor misdemeanor on a first offense. The fact that a junk vehicle is left uncovered in the open for more than ten days after receipt of a notice as provided in this section is prima-facie evidence of a willful failure to comply with the notice. Each subsequent period of thirty days that a junk vehicle continues to be so left on the premises in violation of this section constitutes a separate offense. (Ord. 2020-11. Passed 11-23-20.)
(i) Upon a finding of guilty, the court may order the owner of any 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 division shall be the responsibility of the 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 or any other method permitted to it by law.
(Ord. 2008-01. Passed 4-28-08.)