(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 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 locational requirements or the concealment requirements of this chapter.
(C) Subject to the provisions of division (D) below, upon investigation, the Administrator 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 of the apparent owner against the corresponding gain 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.
(D) In determining whether a vehicle constitutes a junked motor vehicle the Administrator, in applying the specific criteria in the definition of a junked motor vehicle, shall take into consideration but not be limited to whether the vehicle has a valid inspection decal as evidence of the stationary character of the vehicle; whether the vehicle displays a current state license plate as evidence of being maintained; whether the tires, wheels and other essential parts of the vehicle are present for the operation of the vehicle; flat tires; removed parts, the condition of the exterior or any other specific evidence that would support a finding that the vehicle violates this section. If such a determination is made, the Administrator shall state that basis in writing.
(E) The town may require any person requesting removal of a junked motor vehicle from private property to indemnify and hold harmless the town against any loss, expenses or liability incurred because of the removal, storage or sale thereof.
(Ord. eff. 6-13-2005) Penalty, see § 10.99