(A) It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(B) It shall be unlawful to have more than one junked motor vehicle, as defined herein, on the premises of public or private property. Single, permitted junked motor vehicle must strictly comply with the location and concealment requirements by this section.
(C) It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the location requirements of the concealment requirements of this section.
(D) Subject to the revisions of § 93.07, upon investigation, the Housing Inspector, or his or her designated representative, may order the removal of a junked motor vehicle, as defined in this chapter, after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. The finding shall be based on a balancing of the monetary loss by the apparent owner against that corresponding to the public by promoting or enhancing community, neighborhood or area appearance. The following among other relevant factors may be considered:
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness and emotional stability of area residents.
(E) Permitted concealment or enclosure of junked motor vehicle:
(1) One junked motor vehicle, in its entirety, can be located in the rear yard as defined by the town’s zoning regulations (Chapter 153) if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering.
(a) The Housing Inspector, or his or her designated representative, has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision.
(b) The covering must remain in good repair and must not be allowed to deteriorate the covering or enclosure must be compatible with the objectives stated in the preamble of this chapter.
(2)
More than one junked motor vehicle: any other junked motor vehicle(s) must be kept in a garage or building structure that provides a complete enclosure so that the junk motor vehicle(s) cannot be seen from a public street or abutting property. A garage or building structure means either a lawful, nonconforming use of a garage or building structures erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.
(F) All violations of this section shall subject the offending property owner and/or tenant where applicable to a civil penalty to be recovered by the city in a civil action in the nature of debt if the offender does not pay the penalty within 30 days after he has been cited for violation of the ordinance, and may be enforced by an appropriate equitable remedy including but not limited to injunctions and orders of abatement issued from a court of competent jurisdiction as outlined in § 93.99.
(G) Each day's continuing violation shall be a separate and distinct offense, and is subject to penalties as outlined in § 93.99.
(Prior Code, § L-I-5) (Am. Ord. passed 9-10-2019)
Penalty, see § 10.99