Commercial vehicles, boats, and trailers of all types, including travel, camping, hauling, boat, and mobile homes, shall not be parked or stored on any parcel occupied by a residential dwelling, on any parcel in any residential district, except in accordance with the following provisions.
(a) No more than one (1) of each and two (2) cumulative of the following: commercial vehicle, trailer, boat, recreational vehicle, camper or other items meeting the descriptions provided in subsections (c), (f), (g), and (h) shall be parked or located on any parcel. If one residence spans two (2) parcels, the property shall be treated as if it were on one (1) parcel for purposes of this subsection.
(b) Commercial vehicles, boats, campers, and trailers of all types, including, travel, camping, hauling, and boat, shall not be parked within ten (10) feet of the sidewalk, street or public right-of-way for a period of longer than twenty-four (24) hours. (Ord. No. 16-23, § 1(A), 5-4-16)
(c) Commercial vehicles, boats, campers, and trailers of all types, including, travel, camping, hauling, and boat shall be parked on a hard surface of a uniform nature that encompasses the entire length and width of the vehicle/boat/camper/trailer at issue and shall not be parked on grass or surface composed of other plant material.
(d) Commercial vehicles, boats, campers, and trailers of all types, including, travel, camping, hauling, and boat shall be permitted in a driveway in front of the front building line on lots of an owner of a parcel which exceeds two (2) acres in size and possesses a driveway exceeding one hundred (100) feet in length.
(e) Commercial vehicles, boats, campers, and trailers of all types, including travel, camping, hauling, and boat shall be validly licensed or registered (if applicable).
(f) Commercial Vehicles
Not more than one (1) commercial vehicle (excluding standard-sized, passenger vehicles including, but not limited to, automobiles, passenger size livery vehicles, vans, sports utility vehicles, and pick-up trucks - such excluded vehicles may include the logo of a commercial business painted on or applied to the vehicle), which does not exceed a license plate weight rating of 26,000 pounds, per residence on the premises, shall be permitted; but in no case shall a commercial vehicle used for hauling explosives, gasoline, chemicals, or liquefied petroleum products be permitted in a residential area except for deliveries. (Ord. No. 16-23, § 1(B), 5-4-16)
(g) Mobile Homes
A mobile home shall be parked or stored only in a mobile home park, sales lot, or trailer storage area which is in conformity with the ordinances of the City of Greenwood.
(h) Campers, Travel Trailers, and RVs
Not more than one (1) camper, travel trailer, or recreational vehicle, per parcel as described in subsection (b) shall be permitted, provided that said camper, travel trailer, or recreational vehicle does not exceed thirty-two (32) feet in length or eight (8) feet in width; no camper, travel trailer, or recreational vehicle shall be parked or stored for more than twenty-four (24) hours on any residential lot or property, unless it is located behind the front yard building line.
A camper, travel trailer, or recreational vehicle may be occupied by guests either temporarily or for sleeping purposes only, while it is parked or stored on any residential lot for a period not to exceed fifteen (15) days, so long as the other requirements of this subsection are met. (Ord. No. 16-23, § 1(C), 5-4-16)
(i) Boats, Boat Trailers and Pop-Up Campers
Not more than one (1) boat, boat trailer, or pop-up camper per parcel as described in subsection (b) shall be permitted, provided that said boat, boat trailer, or pop-up camper does not exceed thirty-two (32) feet in length or eight (8) feet in width. No boat, boat trailer, or pop up camper shall be parked or stored for more than twenty-four (24) hours on any residential parcel or property unless located behind the front yard building line.
Provided, however, that any boat, boat trailer, or pop up camper meeting the following restrictions shall be exempt from the requirements of this subsection: said boat trailer or pop-up camper shall not exceed eighteen (18) feet in length, eight (8) feet in width, or six (6) feet in height. Such boats, boat trailers, and pop up trailers shall remain subject to all other applicable subsections of this Section.
(j) Utility and Hauling Trailers
Not more than one (1) utility or hauling trailer per parcel as described in subsection (b) shall be permitted, provided said trailer shall not exceed eighteen (18) feet in length or eight (8) feet in width or nine (9) feet in height.
(k) Enforcement and Penalties
(1) Citations. Any person who parks or stores a vehicle in violation of this Section may be issued a citation and order for abatement by the designated enforcement entity. This section is listed as one under the jurisdiction of the Ordinance Violations Bureau.
A warning citation may be issued for a violation of this section. The warning citation shall be worded so as to sufficiently identify the premises and the nature of the violation. If the premises owner or person being cited fails to correct the violation in the time allotted by a Code Enforcement Official then a citation and order of abatement shall be issued. The issuance of a warning citation is not required and shall not be a prerequisite to the issuance of a citation and order for abatement. There shall be no right of appeal from the issuance of a warning citation.
Whenever a Code Enforcement Official determines there has been a violation of this section, a citation and order of abatement shall be given to the owner or the person or persons responsible. The citation and order of abatement must be in writing, include the parcel address where the violation occurred, include a statement of the violation or violations and sections violated and why the citation is being issued and actions necessary to correct the violation, and include a notice stating that the violator must pay the fine to the Ordinance Violations Clerk within seventy-two (72) hours.
If the violation is deemed to be a threat to public health or safety by the Code Enforcement Officer, the Code Enforcement Officer or his designee may order the parking or storage activity to cease and desist immediately, regardless of whether a warning ticket or citation has been issued.
The citation and order of abatement shall be in a form approved by the Board of Public Works and Safety and shall be deemed properly served if a copy is sent by certified return receipt mail, hand delivered by an employee of the City, placed in a conspicuous place on the property where the violation occurred, or by any other method of service acceptable pursuant to Ind. Code § 1-1-7-1.
The citation shall contain language advising that a person who receives one may elect to stand trial rather than pay the fine. In order to do so, a person receiving the citation, must return a copy of the citation within seventy-two (72) hours to the Ordinance Violations Bureau Clerk advising of his/her intent to stand trial. The Ordinance Violations Bureau Clerk shall inform Corporation Council of all such intents received. Upon receipt, monetary fines shall be stayed pending trial in the City of Greenwood City Court.
(2) Remedies. If a person fails to pay the fine within seventy-two (72) hours and fails to give notice within seventy-two (72) hours of his/her intent to stand trial, the Office of Corporation Counsel may commence enforcement activities, up to and including the filing of a civil lawsuit and/or pursue any other legal remedies at the City's disposal.
(3) Fines and Penalties. Each day a violation remains uncorrected is a distinct and separate violation subject to an additional citation and fine in the amount prescribed below.
The monetary fine for each violation shall be Fifty Dollars ($50.00), except that for repeated violations, the following fines shall apply:
Second Citation: | $ 75.00 |
Each Citation in Excess of Two: | $100.00 |
A person adjudged to have committed a violation of this Section is liable for the court costs and fees. No costs shall be assessed against the enforcement agency in any such action.
(l) Waivers
(1) Property owners may appeal to the Board of Public Works and Safety for a waiver from the requirements of this Section. The Board of Public Works and Safety shall adopt a written resolution outlining the procedure and process it will use in evaluating and granting such waivers. Any waiver application must state with particularity the subsections for which the applicant is requesting a waiver. Any waiver granted by the Board of Public Works and Safety must be in writing and a copy kept on file with the City Clerk. Such a waiver shall terminate upon transfer of ownership of the property and/or a material change in the condition of the property.
(2) In determining whether to grant a waiver, the Board of Public Works and Safety may consider the following factors: 1) unique physical characteristics of the property; 2) the lot size and spacing between homes in the neighborhood; 3) the impact upon surrounding property values; 4) the duration of the arrangement; 5) whether the arrangement existed prior to the passage of the ordinance; 6) public safety and visibility concerns; 7) the condition/appearance of the boat, trailer, RV, or commercial vehicle; and 8) the surface upon which the parking is occurring. These factors should be cumulatively considered and weighed and should not be viewed as an exhaustive list.
(Ord. 13-28, § 1, 8-19-13; Ord. 17-29, § 1, 7-5-17)