(A) (1) For purposes of this section, JUNK MOTOR VEHICLE means any motor vehicle that meets any three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged or in disrepair, such damage or disrepair may include, but not be limited to any of the following: missing wheels, tires, motor, transmission, or similar major part;
(c) Is apparently not operable (OPERABLE means able to be started and driven under its own power to the nearest service station);
(d) Has a fair market value of $1,500 or less;
(e) The vehicle is without a valid current registration and license tags;
(f) The vehicle is without a fully inflated tire(s); or
(g) The vehicle that does not comply with all safety laws and equipment provisions for motor vehicles as found in Chapter 74.
(2) (a) A junk motor vehicle that is left uncovered in the open on private property for more than 72 hours with the permission of the person having the right to possession of the property is declared a nuisance and shall be abated in accordance with the provisions of this section. A junk motor vehicle may only be excepted from this section if the person is operating a junk yard or scrap metal processing facility licensed under the authority of R.C. §§ 4737.05 through 4737.12, or otherwise regulated under authority of a political subdivision; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless the person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation; or if the motor vehicle is a licensed and operable collector’s vehicle.
(b) The municipality shall not prevent a person from storing or keeping, or restrict him or her in the method of storing or keeping any collector’s vehicle on private property with the permission of the person having the right to the possession of the property, except that the municipality shall require a person having such permission to conceal, by means of being enclosed in a building or garage, fence, vegetation, terrain, or other suitable obstruction, any licensed collector’s vehicle.
(4) LEFT IN THE OPEN shall mean not enclosed in a building or garage.
(5) COLLECTOR’S VEHICLE means any motor vehicle that is of special interest, that has a fair market value of $100 or more, whether operable or not, and that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector’s item, leisure pursuit, or investment, but not as the owner’s principal means of transportation, LICENSED COLLECTOR’S VEHICLE means a collector’s vehicle that displays current, valid license tags issued under R.C. § 4503.45, or a similar type of motor vehicle that displays current, valid license tags issued under substantially equivalent provisions in the laws of other states.
(6) Law enforcement, the Council, or the zoning authority may send notice, by certified mail or express/overnight mail with return receipt requested, or by personal deliver, to the person having the right to the possession of the property on which a junk motor vehicle is left, that within ten days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(7) No person shall willfully leave a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk motor vehicle is so left is prima facie evidence of willful failure to comply with the notice, and each subsequent period of 30 days that a junk motor vehicle continues to be so left constitutes a separate offense.
(B) (1) After a motor vehicle has been determined to be a junk motor vehicle, as provided herein, and the same has not been removed after proper notice, law enforcement shall 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 procedure set forth in R.C. § 4513.61.
(C) Except as otherwise provided in this division (C), whoever violates this section is guilty of a minor misdemeanor of a first offense. If the offender previously has been convicted of or pleaded guilty to one violation of this section, whoever violates this section is guilty of a misdemeanor of the fourth degree. If the offender previously has been convicted of or pleaded guilty to two or more violations of this section, whoever violates this section is guilty of a misdemeanor of the third degree.
(D) All costs and expenses incurred by the city in removing any junk motor vehicle, together with the administrative charge of $100 per junk motor vehicle, shall be reported to the Director of Finance, who shall mail an invoice thereof to the owner of the property. If after 30 days, the amount remains unpaid, the Director of Finance shall refer the matter to the City Law Director, including a statement of all costs and expenses incurred by the city along with the administrative charge. Upon receipt of such statement, the City Law Director shall make written return to the County Auditor of the action taken pursuant in this section, with the statement and a proper description of the premises, to be entered upon the tax duplicate for the county for the purpose of making the same a lien upon such lands, to be collected as other taxes and returned to the city with the General Fund in accordance with R.C. § 731.54.
(Prior Code, § 660.07) (Ord. 2017-17, passed 9-12-2017)
Statutory reference:
Willfully leaving junk motor vehicle, see R.C. § 4513.65