(A) It is hereby expressly found and determined that the practice of permitting unlicensed motor vehicles, motor vehicle bodies and motor vehicle chassis or parts therefrom to be stored or accumulated on private premises is unsightly and unhealthy and constitutes a nuisance to the citizens and residents of the municipality; provided, the storage or accumulation of such motor vehicles, motor vehicle bodies and motor vehicle chassis or parts therefrom in completely enclosed buildings shall not be considered a nuisance.
(B) No person in charge or control of any property within the municipality or within one mile thereof, other than municipal property, whether as owner, tenant, occupant, lessee or otherwise, shall store, retain or keep on, or permit to be stored, retained or kept on any private premises any motor vehicle that has been unlicensed for a period in excess of four months under the laws of the state or allow any partially dismantled, inoperable, wrecked, junked or discarded vehicle to remain on such property; provided, this section shall not apply to such motor vehicle, motor vehicle body or motor vehicle chassis or parts therefrom that is kept in a completely enclosed building, or any complete motor vehicle that is covered completely with a fitted cover. Such fitted cover shall be constructed of a non-opaque and non-transparent material and shall completely cover such motor vehicle. A fitted covering shall be defined as a covering made specifically to cover a motor vehicle and not made for any other purposes. Said covering shall be attached in such a manner to prevent it from being removed by adverse weather conditions. If such covering is removed for any reason or by adverse weather, it shall be restored immediately.
(C) Any vehicle or parts thereof allowed to remain on such property in violation of this section shall constitute a nuisance and shall be abated. The Municipal Clerk or his or her duly designated officer of the municipality shall give written notice to the owner or occupant of the real property upon which such nuisance exists to abate the nuisance within ten days. The notice to abate shall be served either in person, by mailing notice by certified mail or registered mail or by publication, or by affixing notice on such vehicle. Any publication notice shall be in a newspaper of general circulation of the municipality which is published at least weekly; such notice shall be published once; and the time period shall run from the date of publication. Upon failure to abate the nuisance within the time provided, the municipality may remove such vehicle or parts of any vehicle and sell the same at public sale. Notice of the sale shall be given in the same manner as notice to abate. Any proceeds from such sale shall be first applied to any expenses incurred by the municipality in removing, storing and selling the vehicle or vehicle parts and the balance shall be held without interest for the benefit of the owner of such vehicle or vehicle parts for a period of two years. If not claimed within such period of time, the proceeds shall then be paid to the general fund of the municipality.
(D) This section shall not apply to the premises for which permit has been granted to a junk dealer; nor shall it apply to the premises where a licensed motor vehicle dealer, farm implement dealer or an automotive repair or restoration business conducts a business, if such business is the primary business conducted on such premises.
(1995 Code, § 6-326) Penalty, see § 10.99