(a) Definitions. For the purpose of this section, a junk motor vehicle is any motor vehicle which is not currently licensed. Notwithstanding the above definition, a vehicle shall also be deemed a junk motor vehicle if it meets any three of the following requirements:
(1) Is three years old or older;
(2) Is extremely damaged, such damage including but not limited to any of the following: missing wheels, tires, motor or transmission;
(3) Has a fair market value of eight hundred dollars ($800.00) or less; and
(4) Is not running and not operable (“operable” meaning able to be started and driven under its own power).
(Ord. 04-25. Passed 12-13-04.)
(b) Location or Presence of Junk Motor Vehicles within the City Deemed Public Nuisance; Exceptions.
(1) The location or presence of any junk motor vehicle as defined herein, on any lot, tract, parcel of land or portion thereof within the City shall be deemed a public nuisance, and no person or persons shall cause or maintain such public nuisance by abandoning or discarding his or their junk motor vehicle or vehicles on the property of another or suffering, permitting or allowing the same to be placed, located or maintained or to exist upon his or their own real property.
(2) 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 vehicle dealership yard, or any other lawful storage area not within the public view.
(3) Nothing in this section shall prevent a person from storing or keeping, or restrict him in the method of storing or keeping, any collector’s vehicle on private property with the permission of the person having the right to the possession of the property, unless such collector’s vehicle is an unlicensed collector’s vehicle and is not concealed by means of either buildings, fences, vegetation, terrain or other suitable obstruction.
(c) Removal of Vehicles; Service.
(1) Whenever such a public nuisance exists, the Director of Public Safety-Service who shall administer this section, shall give notice to the owner of the real property whereon such public nuisance exists to abate or remove same. Such notice and order shall state:
A. The nature of the public nuisance;
B. A description of the location of the motor vehicle;
C. A statement that the motor vehicle must be removed from the premises within ten days after service of such notice and order;
D. A statement that removal of the vehicle must be to a location permitted by subsection (b)(2) hereof;
E. A statement of the penalties provided for noncompliance.
(2) Such notice and order shall be served upon the record owner of the property in question either personally or by leaving a copy at the usual place of residence or business of such owner, or address of such owner shown in the office of the Hamilton County, Ohio Treasurer, or by copy mailed to such owner at such place or address by U.S. certified mail, return receipt. If service of such written notice and order is unable to be perfected by any of the hereinbefore methods, then the Director of Public Safety-Service shall cause such notice and order to be published in a newspaper of general circulation once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice and order to be left with the person in possession thereof, if any, of such premises, or, if there is no person in possession thereof, he shall cause a copy of the notice and order to be posted on such premises.
(3) Should the record owner of the property, within ten days after receipt of the Director’s notice and order, notify the Director of Public Safety-Service that the junk motor vehicle is either an abandoned 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 removal thereof, the Director of Public Safety-Service shall cause the removal of such vehicle pursuant to Ohio R.C. 4513.60 or 4513.63 respectively.
(d) Whoever violates subsection (b) hereof for more than ten days after receipt of a notice as provided in this section is guilty of a misdemeanor of the third degree. Each subsequent period that a junk motor vehicle continues to be so left constitutes a separate offense. Each junk motor vehicle violating subsection (b) hereof shall constitute a separate offense.
(Ord. 90-25. Passed 4-9-90.)