(A) Prohibition against junk vehicles on private property. No person in charge or control of any property within the village, whether as owner, tenant, occupant, lessee, or any person otherwise having care or control of any premises within the village, shall allow any partially dismantled, or non-operating, or wrecked, or junked, or discarded vehicle, or vehicle which does not have secured to it the full number of current license plates required by the laws of the state, to remain on such property longer than seven consecutive days per calendar year. No person whether as owner, tenant, occupant, or lessee of such property or as owner, renter or other rightful user or person with a right to possession of any such vehicle shall allow any such vehicle to remain on any property within the village for a longer time than seven consecutive days per calendar year; except that this section shall not apply to such a vehicle that is stored completely within an enclosed building or garage or is otherwise specifically permitted pursuant to Zoning Code as found in the Village of Glendale, Ohio Code of Ordinances, Chapter 154.
(B) Status of junk vehicles as public nuisance. The location or presence of any junk vehicle on any public or private land or property, or public or private street, alley, or way within the Village of Glendale is hereby deemed a public nuisance and is subject to summary abatement as provided in this section, any other ordinance or law of the Village of Glendale or as provided under any relevant portion of the Ohio Revised Code. No person shall permit a junk vehicle to remain in the open on any public or private property within the Village of Glendale after receipt of a notice to remove such vehicle due to its nature as a public nuisance.
(C) Enforcement; authority of Code Official; notices of violation; powers of the Code Official. The Code Official, as designated by this chapter, is hereby authorized and directed to enforce the provisions of this section, through himself/herself or through a designee. The Code Official shall have the authority to render interpretations of this section and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of this section. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this section.
(1) Inspections. The Code Official shall make all of the required inspections, or shall accept reports of inspection by approved designees, agencies or individuals. All reports of such inspections shall be in writing. The Code Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the appointing authority.
(2) Right of entry. The owner, occupant, tenant, or person in charge of any property possesses the right to deny entry to any property by the Code Official or his/her designee for the purpose of compliance with this section. However, nothing in this section shall prohibit the Code Official or his/her designee from asking permission from an owner, occupant, tenant, or person in charge of property for permission to inspect such property for compliance with this section and all other applicable laws, regulations and codes, to seek a search warrant based on probable cause, or to enter such property in case of emergency circumstances requiring expeditious action.
(3) Identification. The Code Official shall carry proper identification when inspecting premises in the performance of duties under this section.
(4) Notice of violation; orders.
(a) Notice to person responsible. Whenever the Code Official determines that there has been a violation of this section, notice shall be given in the manner prescribed in division (C)(4)(b) below as to form and division (C)(4)(c) below as to method of service to the party or parties responsible for the violation as specified in this section.
(b) Form. Such notice prescribed in division (C)(4)(a) of this section shall be in accordance with all of the following. Such notice shall:
1. Be in writing;
2. Include a description of the property/premises sufficient for identification;
3. Include a photograph or photographs of the junk vehicle, taken by the official making such inspection;
4. Include a statement of the violation or violations and why the notice is being issued. Such statement shall include the following details, to the extent such details are available:
a. The make and model of the vehicle;
b. The vehicle identification number; and
c. Description of the damaged or missing parts or equipment;
5. Include a correction order that shall state that the responsible party has seven days from time of delivery/posting of the order to either (1) remove the vehicle(s) that are the subject of the notice; or (2) to give written notice of an appeal of the Village of Glendale pursuant to division (D) below; and
6. Inform the party responsible of the village's right to file to abate the violation and to file a lien in accordance with division (F)(3) below.
(c) Method of service. Such notice shall be deemed to be properly served if a copy thereof:
1. Is delivered personally by the Code Official or his/her designee and handed to an individual at the premises, or if no individual is present, a copy thereof shall be posted in a conspicuous place in or about the premises by such notice; or
2. Is sent by certified or first-class mail addressed to the last known address of the party responsible; or
3. If mailed and returned as undelivered, such letter or a copy thereof is subsequently posted in a conspicuous place in or about the premises by such notice.
(d) Unauthorized tampering. Signs, tags or seals posted or affixed by the Code Official shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Official.
(e) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this section, the Code Official shall have the authority to grant modifications for individual cases upon application of the party responsible provided the Code Official shall first find that special individual reason makes the strict letter of this section impractical, the modification is in compliance with the intent and purpose of this section and that such modification does not lessen health, life and fire safety requirements. The details of action granting modifications shall be recorded and entered in the department files.
(D) Appeal. If any recipient of a notice of violation of this section to remove a junk vehicle would like to appeal the order, a written notice of appeal must be filed with the Board of Zoning Appeals at the Village of Glendale village offices at 30 Village Square prior to the expiration of the seven day time limit from receipt of such notice/delivery and posting of such notice. An appeal may only be filed by:
(1) Appearing in person at the village offices at 30 Village Square and completing a written notice of appeal; or
(2) Sending a written notice of appeal via facsimile or regular U.S. mail, as long as it is received by the village at the village offices at 30 Village Square prior to the expiration of the seven day time limit.
(E) Conclusive presumption of junk vehicle as a public nuisance. If any recipient of a notice to remove a junk vehicle fails to either (1) comply with the notice of violation/order; or (2) appeal the notice in writing pursuant to the notice and to this section, the vehicle or vehicles that are the subject of the order shall be conclusively presumed to be "junk vehicle(s)" and a public nuisance, and such public nuisance may be abated by the Police Department by way of removing the violating vehicles from the premises.
(F) Enforcement and penalties. If the party responsible neither complies with the notice of violation/order nor appeals the notice within the time provided, the Code Official may institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, including the following:
(1) Imposition of the penalties found in § 94.99;
(2) Injunctive relief; and
(3) Removal and disposal of junk vehicles.
(a) The Code Official or his designee may direct the Police Department to order the junk vehicle towed or otherwise removed from the property or place where found in the event that the Code Official or his/her designee has determined, upon lawful inspection, that the junk vehicle possesses any of the following characteristics, which constitute an imminent danger to the public health, safety, or general welfare:
1. The junk vehicle has become a breeding ground or harbor for mosquitoes or other insects, snakes, rats, or other pests;
2. The junk vehicle has become a point of heavy growth of weeds or other noxious vegetation over eight inches in height;
3. The junk vehicle is a point of concentration of gasoline, oil, or other flammable or explosive materials;
4. The junk vehicle is so located that there is a danger of the vehicle falling or turning over; or
5. The junk vehicle is a source of danger for children through entrapment in areas of confinement that cannot be opened from the inside or from exposed surfaces of metal, glass, or other rigid materials.
(b) Thereafter, such junk vehicle shall be deemed forfeited, to be disposed of in accordance with the terms of this section.
(c) Prior to being removed, the junk vehicle shall be:
1. Photographed by the authorized official ordering the removal of such vehicle;
2. The authorized official shall verify in writing that the vehicle is the same as described in the inspection provided under division (C)(4)(b);
3. The authorized official shall include a written and photographic description as to the reasons the junk vehicle is determined to meet one or more of the characteristics of § 94.02(H).
4. Once the authorized official has documented the junk vehicle's status per the above terms, the Police Department shall thereupon tow, remove, or cause to be removed such "junk vehicle" and shall immediately dispose of it to a vehicle salvage dealer, as defined in R.C. § 4738.01, or a scrap metal processing facility, as defined in R.C. § 4737.05.
5. Recovery of costs. Any monies accruing from the disposition of a junk vehicle that are in excess of the expenses incurred by the village for towing, removal or storage of the vehicle shall be credited to a fund of the Village of Glendale.
6. Lien filed. Any action taken by the authority having jurisdiction on such premises where costs of abatement of the violation are incurred by the village over and above what was recoverable pursuant to the above division (F)(3)(c)5., such costs shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(Ord. 2023-20, passed 5-1-23)