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For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(a) Inoperative motor vehicle. Any motor vehicle not moved for thirty (30) consecutive days shall be presumed inoperative.
(b) Junk motor vehicle. Any motor vehicle meeting any three (3) of the following criteria:
(1) Three (3) years old or older;
(2) Disabling damage, such damage including, but not limited to, any of the following:
A. Missing wheel;
B. Missing or deflated tire;
C. Missing motor;
D. Missing transmission;
(3) Fair market value less than one thousand five hundred dollars ($1,500.00);
(4) Inoperative;
(5) Unlicensed, or improperly licensed.
(c) Motor vehicle. Any device, including major parts thereof, in, on, or by which any person or property is or may be transported, including devices used exclusively on stationary rails or tracks, and devices designed to be pulled, drawn, or towed by a motor vehicle, but not including devices moved by human or animal power.
(d) “Vehicle”, and “motor vehicle”. These terms are used synonymously. However, their respective meaning within this chapter is the same as in Ohio Revised Code 4511.01(A), (B), and (C). (Revised Code§§ 4513.63; 4513.65)
(e) Person. Any individual, firm, partnership, company, unincorporated association, or corporation.
(f) Private property. Any real property within the City which is privately owned or operated.
(g) Public property. Public streets, highways, alleys, sidewalks, boulevards, bikeways, and the right-of-way thereof. Any property open to the public for the purpose of vehicular travel or parking and any right-of-way thereof. Any other property which is owned or operated by the City, and any right-of-way thereof.
(h) City. City of Celina, Mercer County, Ohio.
(Ord. 29-12. Passed 8-13-12.)
(a) No person shall store, park, or have any motor vehicle which is in a junked, inoperative, dismantled, or partially dismantled condition, whether attended or not, within the City upon any public or private property.
(b) The visible presence of a junked, inoperative, dismantled, or partially dismantled motor vehicle, on private or public property, is a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(c) This section shall not apply to any such vehicle which is concealed from the general public by means of buildings, screening, fence, shrubs, terrain, or other suitable obstruction as determined by the Safety-Service Director of the City.
(d) This section shall not apply to properly-licensed tow-yard and/or properly-licensed salvage yard, or to any “place of impoundment” designated as such under Section 523.09 of these Codified Ordinances.
(e) This section shall not apply to any motor vehicle on private property which is stored in conformity with applicable City zoning laws of the City of Celina, Mercer County, Ohio, as amended from time to time.
(Ord. 29-12. Passed 8-13-12.)
(a) No person in charge or control of any public orprivate property within the City, whether as owner, tenant, occupant, lessee, or otherwise, shall allow any junked, inoperative, dismantled, or partially dismantled motor vehicle to remain on such property longer than ten (10) calendar days after notice is served, in any manner provided by the Ohio Rules of Civil Procedure for service of summons in civil actions, to remove the motor vehicle from such property. A copy of said notice shall also be conspicuously affixed to the motor vehicle if the surrounding facts and circumstances make it practicable to do so.
(b) Any notice under this Chapter of these Codified Ordinances may be served by an Officer of the City’s Police Department.
(c) If no person in charge or control of any such property can be found within seven (7) calendar days from the commencement of searching, notice to such persons may be published once in a daily newspaper for general circulation within the City. Such motor vehicle shall be removed within ten (10) calendar days after publication.
(d) This section shall not apply with regard to any motor vehicle described in Section 523.02(c) of these Celina Codified Ordinances.
(e) The person in charge or control of the private property upon which the motor vehicle is located and the registered owner of the vehicle shall have the duty to abate the nuisance by removing the vehicle from the premises.
(f) The notice required by this section shall contain the following information:
(1) The motor vehicle is considered junked;
(2) The motor vehicle will be removed ten (10) calendar days thereafter, impounded, and subsequently disposed of;
(3) The person in charge or control of the private property upon which the motor vehicle is located and the registered owner of the motor vehicle will be held jointly and severally responsible for all costs incidental to the removal, storage, and disposal;
(4) The person in charge or control of the private property upon which the motor vehicle is located and the registered owner of the motor vehicle may avoid fines and costs by removing the motor vehicle from the City or enclosing such vehicle in an appropriate structure;
(5) The date and the address and telephone number of the City department to contact for information;
(6) A notification that any person to whom the notice is directed may file within the ten (10) calendar day period of compliance a written request for a hearing, as set forth in Section 523.04 of these Celina Codified Ordinances.
(7) A notification that any party can appeal an entry of a final order rendered pursuant to Section 523.05 of these Celina Codified Ordinances within thirty (30) days, or as otherwise provided by Ohio Revised Code 2505.01, et seq.; 2505.07.
(g) The movement of a vehicle from private property to any public right-of-way, or to another location under circumstances constituting a violation of this chapter, shall not constitute compliance with a notice prescribed by this section.
(Ord. 29-12. Passed 8-13-12.)
Any persons to whom notices are directed pursuant to Section 523.03 of these Celina Codified Ordinances, or their duly authorized agents, may file a written request for a hearing before the City’s Safety-Service Director within the ten (10) calendar day period of compliance for the purpose of defending against the charges by the City brought pursuant to this Chapter of these Celina Codified Ordinances.
(Ord. 29-12. Passed 8-13-12.)
(a) A hearing requested pursuant to Section 523.04 of these Celina Codified Ordinances shall be held as soon as practicable after the filing of the request. Persons requesting a hearing shall be advised of the time and place of said hearing. The scope of said hearing shall be limited to the following issues:
(1) Whether the person requesting the hearing is in charge or control of the private property as charged; and
(2) Whether the motor vehicle is junked or inoperative as charged.
(b) At any such hearing the City and the persons to whom notices have been directed may introduce such witnesses and evidence as each party deems necessary. The Safety-Service Director shall then affirm, reverse, or modify the order by use of a “final order”.
(Ord. 29-12. Passed 8-13-12.)
(a) The impoundment of vehicles under authority of the provisions of this Chapter of these Celina Codified Ordinances shall be construed as an enforcement procedure for the protection of the public peace, safety, and welfare, and for the safeguarding of property.
(b) Impoundment under this Chapter of these Celina Codified Ordinances shall be used generally for:
(1) Prevention and removal of traffic and fire hazards;
(2) Prevention and abatement of public nuisances;
(3) Protection of public rights in the use of City streets, highways, and roadways from obstructions placed and left in derogation of those rights;
(4) Amelioration of urban blight.
(Ord. 29-12. Passed 8-13-12.)
Officers of the Police Department of the City are authorized, within the limits set forth in this Chapter of these Celina Codified Ordinances, to impound vehicles under the circumstances enumerated in Section 523.08 of these Celina Codified Ordinances. The Officers of the Police Department of the City shall follow all applicable laws associated therewith, including but not limited to Ohio Revised Code 4513.63, as amended from time to time. Nothing contained within this Chapter of these Codified Ordinances shall be construed in any manner as limiting the authority of the Officers of the Police Department of the City to impound vehicles as otherwise provided by law.
(Ord. 29-12. Passed 8-13-12.)
(Ord. 29-12. Passed 8-13-12.)
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