(a) No person shall willfully leave a junk motor vehicle, as defined in Section 303.11, uncovered in the open on private property for more than seventy-two consecutive hours with the permission of the person who owns, occupies, controls or otherwise has the right to the possession of the property, except if the person is operating a junk yard or scrap metal processing facility licensed under the authority of Ohio R.C. 4737.05 to 4737.12, or regulated under the authority of this Municipality; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority unless the persons having the right to the possession of the property can establish that the motor vehicle is part of a bonafide commercial operation, or if the motor vehicle is a collector's vehicle.
(b) No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided for in this section. The fact that a junk motor vehicle is so left is prima-facie evidence of willful failure to comply with the notice. A junk motor vehicle left uncovered in the open for more than ten days after receipt of a notice as provided for in this section is declared a nuisance and shall be abated in accordance with the provisions of this section.
(c) This section shall not apply to vehicles stored inside a garage, in a licensed towing service facility, in a licensed motor vehicle salvage facility, in a licensed scrap processing yard, in a licensed auto repair garage yard, in a licensed paint spray shop yard, in a licensed gasoline station yard, in a licensed vehicle dealership yard, or in any other lawful storage area not within the public view.
(d) In the event of a violation of this section, the Law Director, Safety Director, Service Director, Mayor, Public Health Department, Chief of Police or his designate, or Municipal zoning authority shall cause notice to be given to the titled owned of the motor vehicle, or to the owner, lessee, agent or tenant having the right to possession of such real property, if the titled owner of the motor vehicle is unknown, to cease such violation within ten days of receipt of the notice. For purposes of this section, notice may be served in any manner permitted under the Ohio Rules of Civil Procedure. If the address of the titled owner of the motor vehicle or the owner, lessee, agent or tenant having the right to possession of such property is unknown, it shall be sufficient to publish the notice of the finding once in the Circleville Herald or other newspaper of general circulation in this Municipality.
(e) The notice required to be given as set forth in subsection (d) hereof shall state the following information:
(1) The nature of the public nuisance;
(2) The description of and location of the motor vehicle;
(3) A statement that the motor vehicle must be removed from the premises within ten days after service of such notice and order of the same or be removed;
(4) A statement that removal of the vehicle must be to a location permitted by subsection (c) hereof;
(5) A statement of the penalties provided for noncompliance; and
(6) A statement that the property owner shall be assessed the costs incurred by the City in removing and storing the vehicle.
(f) Should the person upon whom notice is served or the owner of the motor vehicle, within ten days after receipt of the notice set forth in this section, notify the Director of Public Safety, the Police Chief or his designate that the motor vehicle in issue is either an abandoned motor vehicle or an abandoned junk motor vehicle which has been left on his property without permission of the person having the right to possession of the property and requests the removal thereof, the Director of Public Safety, Police Chief or his designate shall cause the removal of such vehicle pursuant to Sections 303.08, 303.081 or 303.09 respectively.
(g) If the owner of the motor vehicle or the person upon whom notice is given fails to comply with this section within ten days of receipt of the notice then, it shall be conclusively presumed that the motor vehicle in question is a public nuisance and, in addition to any other penalty as set forth in this chapter, the Director of Public Safety, the Police Chief or his designate, the Mayor, or the Service Director may cause such motor vehicle to be removed for the preservation of the life, health, comfort and safety of the public by the direct employment of labor or by authorizing another person to remove the motor vehicle on behalf of the City and assess the cost of removal against either the owner of the motor vehicle or the person upon whom notice was served. The fact that a junk motor vehicle is left on private property for more than ten days after receipt of the notice as set forth in this section is prima-facie evidence of willful failure to comply with the notice.
(h) In the event that the titled owner of the motor vehicle, or if the titled owner of the motor vehicle is unknown, then the owner, lessee, agent or tenant having the right to the possession of the real property upon which the motor vehicle is situated, violates this section more than two times within any one year period, then the notice of violation and ten day compliance period shall not apply and such person shall be deemed guilty of a violation of this section and shall be subject to the penalty established under this chapter.
(i) Any person may store or keep by unrestricted method any collectors vehicle as defined in Ohio R.C. 4501.01(F) on private property with the permission of the person having the right to the possession of the property, except that such vehicle shall be concealed, by means of buildings, fences, vegetation, terrain or other suitable obstruction, any unlicensed collectors vehicle stored in the open.
(Ord. 6-47-92. Passed 6-16-92.)
(j) Whoever violates this section is guilty of a minor misdemeanor on the first offense; on a second offense within one year after the first offense, such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense within one year after the first offense such person is guilty of a misdemeanor of the third degree. Anyone who violates this section shall also be assessed any costs incurred by the Municipality in disposing of such junk or abandoned motor vehicle, less any money accruing to the Municipality from such disposal.
(ORC 4513.99(D); Ord. 6-49-92. Passed 6-16-92.)