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(1) “Junk motor vehicle.” Any motor vehicle which meets any three (3) of the following requirements:
A. Is three (3) years old or older;
B. Is extensively damaged or in disrepair, such damage or disrepair may include but is not limited to any of the following: missing wheels, tires, motors or transmission, cracked windshield, inoperable head lights, missing fender or bumper;
C. Does not comply with all safety laws and equipment provisions for motor vehicles as found in Chapter 438;
D. Has a fair market value of One Thousand Five Hundred dollars ($1,500.00) or less;
E. Is not running and not operable (“operable” meaning able to be started and driven under its own power).
(2) A junk motor vehicle left in the open is declared a nuisance and shall be abated in accordance with the provisions of this section.
(3) “Motor vehicle” shall be defined as in Chapter 402.
(4) “Left in the open” shall mean a vehicle not in an enclosed building or garage.
(1) No person shall willfully permit a junk motor vehicle to remain in the open on private property which the person owns, occupies, or controls after receipt of an order to remove a junk motor vehicle. The order shall state that a hearing appealing the order to remove a junk motor vehicle may be had, shall describe the vehicle to be removed, and shall be served by the Zoning Inspector or his designee in any manner provided by the Ohio Rules of Civil Procedure.
(2) If any recipient of an order to remove a junk motor vehicle shall fail to appeal the same in writing within ten (10) days after its receipt, to the Board of Motor Vehicle Evaluation, it shall be conclusively presumed to establish the junk motor vehicle as a nuisance and the junk motor vehicle shall be removed by the Police Division immediately. The fact that a junk motor vehicle is left on private property without the filing of an appeal by the recipient of an order to remove a junk motor vehicle is prima facie evidence of willful failure to comply with the order.
(3) No person shall leave a junk motor vehicle for any period of time on private property to which such person does not have the right of possession without the authorization of the person having the right of possession of such property.
(c) Board of Motor Vehicle Evaluation.
(1) There is established a Board of Motor Vehicle Evaluation which shall consist of three (3) members of the community at large, chosen by the Mayor subject to the approval of the Council, each of which shall serve for three (3) years and until a successor is appointed and qualified. Such members shall constitute an impartial board; shall meet as necessary upon notice from the Zoning Inspector; and shall serve without compensation unless otherwise provided by ordinance.
(2) The Board of Motor Vehicle Evaluation shall hear any appeals within thirty (30) days of the filing of an appeal by the recipient of an order to remove a junk motor vehicle left in the open received pursuant to subsection (b)(1) of this section. The Board shall rule whether or not the motor vehicle is a junk motor vehicle left in the open pursuant to subsections (a) and (b) of this section. If the vehicle is declared to be a junk motor vehicle left in the open by the Board, the Board shall order the immediate removal of the particular vehicle by the Police Division.
(3) An appeal from a decision of the Board of Motor Vehicle Evaluation shall be made pursuant to R.C. Chapter 2506.
(Editor's note: The Real Property Maintenance Board shall function in place of and have all authority and responsibility conferred upon the Board of Motor Vehicle Evaluation as authorized by Ordinance 2005-037 adopted May 2, 2005. Reference Chapter 281 Real Property Maintenance Board.)
(d) Storage and Disposal of Junk Motor Vehicles.
(1) After a motor vehicle has been determined to be a junk motor vehicle, as provided herein, the Police Division shall immediately cause the junk motor vehicle to be removed from the property where the junk motor vehicle is located by a salvage service and stored in a designated facility.
(2) Any junk motor vehicle which has been removed and stored pursuant to this section shall be disposed of in accordance with the procedures set forth in Ohio R.C. 4513.63.
(e) Whoever fails to remove a junk motor vehicle left in the open, after receipt of a proper order to remove the same, is guilty of a minor misdemeanor. Each junk motor vehicle left in the open in violation of subsection (b) of this section shall constitute a separate offense. Every thirty (30) days that subsection (b)(1) of this section is violated shall constitute a separate offense. Whoever violates subsection (b)(3) of this section is guilty of a misdemeanor of the fourth degree.
(f) Expenses as a Lien. All costs and expenses incurred by the City in removing any junk motor vehicle, together with an administrative charge of Fifty dollars ($50.00), shall be reported to the Director of Finance, who shall mail a statement thereof to the owner of the property, if his address is known. If after thirty (30) days the amount remains unpaid, the Director of Finance shall certify the total amount due, the name of the owner of the land, and a sufficient description of the premises to the Auditor of Summit County to be entered upon the tax duplicate, to be a lien on the land from the date of entry, to be collected as other taxes and assessments and returned to the City, pursuant to Ohio R.C. 731.54. The remedy provided for herein shall be in addition to the penalties provided in subsection (e) of this section.
(Ord. 2005-029A. Passed 4-18-05.)