(a) (a) Definition. For purposes of this section, "inoperable vehicle" means any motor vehicle that meets one of the following requirements:
(1) It does not display a valid and current license plate; or
(2) It is wrecked, partially wrecked, dismantled, partially dismantled, or discarded condition, or is incapable of being driven and has remained in such condition for a continuous period of ten (10) days.
(b) For purposes of this section, "unlicensed trailer" means any type of trailer without a valid and current license plate.
(c) Declaration of Nuisance. The location or presence of any inoperable vehicle or unlicensed trailer as defined herein, on any lot, tract, parcel of land or portion thereof within the Village shall be deemed prima facie to be a "nuisance."
(d) Prohibited Use or Conduct. No inoperable vehicle or unlicensed trailer shall be parked or stored on any residential property other than in a completely enclosed building.
(e) Exceptions. This section does not apply if the inoperable vehicle or unlicensed trailer are maintained in connection with a business enterprise operated in a lawful place and manner and licensed as such, when necessary to the operation of such business enterprise, or it is a collector's vehicle pursuant to Ohio R.C. 4501.01(F).
(1) A maximum of two licensed trailers or one recreational vehicle and one licensed trailer, may be stored in the driveway or rear yard of any residentially zoned property so long as such is not wrecked, partially wrecked, dismantled, partially dismantled or incapable of operation. Such vehicles and trailers may not be stored or parked in a front yard of a residentially zoned property or public space for more than 72 consecutive hours.
(f) Notice of Removal. Whenever there are reasonable grounds to believe that a violation of the provisions of this section exists, the Mayor or his designee, the Village Clerk, the Village Manager, or the Chief of Police shall give, or cause to be given, written notice to the registered owner of any vehicle or trailer which is in violation of this section, or to the owner or persons in lawful possession or control of the private property upon which such vehicle or trailer is located, or to both the registered owner and the owner or person in lawful possession of such private property, notifying them that such vehicle or trailer is to be removed within five (5) days, or be housed in a building where it will not be visible by the public within five (5) days after service of such notice. Notices served pursuant to this section shall be sent by certified U.S. mail to the last known address of such persons or shall be delivered personally to such person if he resides within the corporate limits of the Village or by leaving such notice at his usual place of residence. If the certified mail envelope containing the notice is returned with an endorsement showing it was unclaimed or refused, the Mayor or his designee, the Village Clerk, the Village Manager, or Chief of Police shall send a copy of the aforementioned notice to last known address of said person by ordinary mail. The Mayor or his designee, the Village Clerk, the Village Manager, or the Chief of Police shall keep a record of the fact that notice was sent by ordinary mail and the service of notice shall be deemed complete when the fact of the mailing is entered in such record provided the ordinary mail envelope is not returned by the postal authorities with an endorsement showing failure of delivery. If the address of such persons referred to above is unknown or if service by ordinary mail cannot be completed, the Mayor or his designee, the Village Clerk, the Village Manager, or the Chief of Police shall cause notice to be published once in a newspaper of general circulation of either the Village or of the County in which the Village is situated.
(g) Removal by Village. If the registered owner of any vehicle or trailer which is in violation of this section, or the owner or person in lawful possession or control of the private property upon which the same is located, fails, neglects, or refuses to remove or house such vehicle or trailer in accordance with the notice given pursuant to the provisions of subsection (e) hereof, the Mayor or his designee, the Village Clerk, the Village Manager, or the Chief of Police may:
(1) Cause such nuisance to be abated by use of Village employees and equipment or by hiring private individuals and equipment to perform the task.
(2) Cause to be filed in the Municipal Court of Knox County, Ohio a civil complaint or injunctive relief seeking abatement of the public nuisance.
(3) Cause to be filed in the Municipal Court of Knox County, Ohio a misdemeanor criminal complaint.
(h) Right of Entry. The Chief of Police, any contracting agent of the Village, and employee of such contracting agent, and authorized officer, employee and agent of the Village, and each of them, are hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this Section. No person shall interfere, hinder, or refuse to allow them to enter upon private property for such purpose and to remove any vehicle or trailer in accordance with the provisions of this Section. Any person to whom notice was given pursuant to subsection (e) hereof shall have the right to remove or house such vehicle or trailer in accordance with such notice at his own expense at any time prior to the arrival of the Chief of Police, any contracting agent of the Village, and employee of such contracting agent, and authorized officer, employee and agent of the Village for the purpose of removal.
(i) Penalty. Whoever violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation of this section occurs or continues. Strict liability is intended to be imposed for violation of this section.
(j) Procedure for Collection of Abatement Expenses. The Mayor or his designee, the Village Clerk, or the Village Manager shall notify by ordinary mail the registered owner of and vehicle or trailer which is in violation of this section, or to the owner or persons in lawful possession or control of the private property upon which such vehicle or trailer is located, or to both the registered owner and the owner or person in lawful possession of such private property the expenses incurred by the Village in the abatement of the nuisance. In the event that the owner or other person or person in lawful possession or control of the private property upon which such vehicle or trailer is located fail to pay such expenses within five (5) days after being notified in writing of the amount thereof, the Mayor or his designee, the Village Clerk, or the Village Manager shall certify the expenses incurred to the Village Council. Upon certification by the Village Council, the Mayor or his designee, the Village Clerk, or the Village Manager shall forward the certification to the County Auditor who shall place the certification upon the tax duplicate for collection as a special assessment.
(k) Expenses. Expenses shall include the cost of preparing and serving notices and of the ownership investigation required as well as any legal expenses incurred by the Village. If the Village uses its own employees to abate the nuisance, the cost of labor shall be billed at one hundred fifty dollars ($150.00) per hour for each person so employed.
(Ord. 2019-18. Passed 6-3-19.)