(a) Purpose. The purpose of this section is to regulate and control the storage and maintenance of junk motor vehicles and other motor vehicles not movable under their own power on private premises in the City, in order to promote the public health, safety, comfort, convenience and general welfare of the residents of the City. For the purposes of this section, the fact that a person who allows the storage or maintenance of such a vehicle on his or her premises or land does not own a proprietary interest in such vehicle, shall be immaterial.
(b) Scope. This section shall not apply to any premises or land located outside the City, nor to any duly licensed secondhand or junk dealer. When this section imposes a greater restriction upon the use of private premises or land than is imposed or required by other provisions of law, including other provisions of these Codified Ordinances, or by deed, covenant or other private agreement, the provisions of this section shall control.
(c) Definitions. As used in this section:
(1) "Enclosed building" means any roofed, enclosed structure, house or other dwelling, garage or shed.
(2) "Junk motor vehicle" means any motor vehicle not movable under its own power which is in a visible state of disrepair or disintegration and/or which is not currently licensed.
(3) "Junk dealer" means any person whose principal business is that of purchasing, selling, exchanging, storing or receiving secondhand articles of any kind, including motor vehicles.
(4) "Person" means any individual, firm, association, syndicate, copartnership, corporation, trust or any other legal entity, or combination of any of them, who or which has a proprietary interest in, or is an occupant of, the premises or land which is used to store or maintain the class of motor vehicles prohibited by this section.
(d) Storage in Enclosed Building Required. No person shall allow a motor vehicle which is not movable under its own power or which is not currently licensed to remain upon his, her or its premises in the City, or the premises occupied by such person, unless such motor vehicle is stored or maintained wholly within an enclosed building upon the premises.
(e) Compliance. Whoever stores or maintains a motor vehicle in violation of subsection (d) hereof shall, within one week after having been duly notified in writing of such violation by the City Manager, or within one week after constructive notice of such violation, cause such motor vehicle to be removed from his or her premises. As used in this subsection, "constructive notice" means that notice of such violation has been sent by certified mail to the premises in question. Proof of such sending is sufficient. Proof of receipt thereof or of actual notice is unnecessary.
(f) Violations. Whoever, having been duly notified in writing by the City Manager of a violation of this section, fails to take such action as is necessary to comply with the provisions of this section, shall, for each and every offense, be punished as prescribed in Section 202.99. A separate offense shall be deemed committed each twenty-four hour period which elapses between notice of violation as herein provided and termination of each violation. Such person shall, in addition, be liable to the City for the costs incurred by the City for the removal, storage and disposal of the junk motor vehicle or vehicles in question.
(Ord. 2003-15. Passed 3-24-03.)