(a) Definitions: As used in this section,
(1) "Motor Vehicle" means any motor vehicle as defined in Section 301.20 of these Codified Ordinances.
(2) "Inoperable Motor Vehicle" means a motor vehicle that is incapable of being driven, is extensively damaged, is dismantled or partially dismantled, or has any of the following conditions: missing wheel(s), missing tire(s), flat tire(s), missing window(s) or windshield.
(3) "Unlicensed Motor Vehicle" means a motor vehicle that does not display a current and valid license plate.
(4) "Unlicensed Other Vehicle" means a vehicle without motor power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and which fails to display a current and valid license plate.
(5) "Motor Vehicle Parts" means any portion or parts of any motor vehicle that are detached from said vehicle, including without limitation, tires, wheels, motors, transmissions, radiators, bumpers, fenders, seats, windows, windshields, axles, and chassis.
(6) "In the open" means visible on any property from the adjacent street or alley or visible from the property line of any abutting lot or parcel.
(7) "Unlicensed Watercraft" means a contrivance, boat or vessel used or designed for navigation on water as described in O.R.C. Section 4503.173 (A)(2), and fails to display a current and valid license.
(b) Nuisance. The presence of an inoperable or unlicensed motor vehicle, an unlicensed other vehicle, unlicensed watercraft, or motor vehicle parts on private party in violation of the provisions of this section is declared to be a nuisance.
(c) Prohibition. No person in charge or control of any private property within the City, whether as an owner, occupant, tenant, or otherwise, shall store, place, keep or to permit to remain in the open on such private property an inoperable motor vehicle, an unlicensed motor vehicle, an unlicensed other vehicle, unlicensed watercraft, or motor vehicle parts for more than twenty-one (21) calendar days after notice is served upon such person.
(d) Notice.
(1) The Notice required by this Section shall be in writing and shall contain the following information:
A. Describe the condition for which the Notice is served, such as the presence of an inoperable motor vehicle, an unlicensed motor vehicle, an unlicensed other vehicle, unlicensed watercraft, motor vehicle parts, or a combination of said conditions in the open on private property;
B. An order that the said motor vehicle(s), other vehicle(s), watercraft and/or motor vehicle parts be removed from said property within twenty-one (21) calendar days thereafter;
C. That the person in charge or control of the private property upon which said conditions exist may avoid fine and costs by removing said motor vehicle(s), other vehicle(s), watercraft and/or motor vehicle parts from said property or storing them so as not to be in the open;
D. The address and telephone number of the city employee to contact for information; and
E. That each day such condition(s) exist beyond said twenty-one (21) calendar day period shall constitute a separate offense, even though no additional Notice of Violation is served.
(2) The Notice of Violation shall be served upon the person in charge or control of such private property by an inspector of the Health Department or by the Mayor or his designee in any manner provided by the Ohio Rules of Civil Procedure, including without limitation, by personally delivering said Notice to such person, or by certified mail, return receipt requested, addressed to such person's last known place of residence. If no person in charge or control of such property can be found, Notice to such person(s) may be published once in a daily newspaper of general circulation within the City, and the conditions described therein shall be corrected within twenty-one (21) calendar days after such publication. In addition, a copy of said Notice shall also be left at the premises where such condition is located, if the surrounding facts and circumstances make it practicable to do so.
(e) Exception. This Section shall not apply to private property occupied by a business enterprise lawfully operating as a place for the storage, repair or restoration of motor vehicles, other vehicles or watercraft as expressly permitted under the provisions of the City Zoning Ordinance.
(f) Abandoned Motor Vehicle. Should the person in charge or control of private property, within twenty-one (21) calendar days after receipt of a Notice of Violation advise the person who issued said Notice that the inoperable motor vehicle is either an abandoned motor vehicle or an abandoned junk motor vehicle which has been left on such private property without permission of the person having the right of possession of property and request removal thereof, said person shall cause removal of the vehicle pursuant to Ohio R. C. 4513.60 or 4513.63, respectively.
(g) Penalty. Whoever fails to correct a condition described in this Section within twenty-one (21) calendar days after receipt of Notice relating thereto is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day such violation continues beyond such twenty-one (21) calendar day period even though no additional Notice of Violation is served. Each inoperable or unlicensed motor vehicle, unlicensed other vehicle and unlicensed watercraft left in the open in violation of this Section shall also constitute a separate offense.
(Ord. 2001-56. Passed 7-24-01.)