1931.22 JUNK MOTOR VEHICLES ON PRIVATE PROPERTY WITH PERMISSION OF OWNER; NOTICE OF REMOVAL AND IMPOUNDING.
(a) It shall be a violation of this chapter to accumulate and store junk vehicles, non-operating vehicles or vehicle parts, on private property, which vehicles are in the nature of refuse and unsightly debris.
(b) Accumulation and storage of the items in this section constitutes a nuisance detrimental to the health, safety and welfare of the community in that such conditions tend to interfere with the enjoyment of and reduce the value of private property, invite plundering, create fire hazards and other safety and health hazards to minors as well as adults. Further, these conditions interfere with the comfort and well-being of the public and create, extend, and aggravate urban blight. Accordingly, the public health, safety, and general welfare require that such conditions be regulated, abated and prohibited.
(c) Definitions. For the purposes of this section:
(1) "Vehicle" means every device, including but not limited to automobiles, trucks, semi tractors, buses, watercraft, trailers, mobile homes, recreational vehicles, farm machinery, construction equipment, and other motorized vehicles, in, upon or by which any person or property may be transported or drawn upon a street or highway, except that "vehicle" does not include any motorized wheelchair, any electric personal assistive mobility device, or any device, that is moved by human power.
(2) “Recreational Vehicle" means any vehicle or structure including but not limited to camper trailers, fifth wheel campers, truck campers and self-propelled motor homes constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation or use as a selling or advertising device, or use for storage or conveyance for tools, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
(3) "Junk Vehicle" means any vehicle which:
A. Extensively damaged, with such damage including, but not limited to, any of the following: missing wheels, tires, motor, or transmission;
B. Apparently inoperable;
C. That:
(i) Is left outside of a building, and thus is in the open on private property for more than seventy-two (72) hours; or
(ii) Has been left on private property for more than seventy-two (72) hours without the permission of the person having the right to the possession of the property.
(4) "Left outside of a building" means that the vehicle has not been placed in an enclosed structure or building with at least three (3) sides. Neither a carport, nor a car cover, nor a fence, qualifies an enclosed structure or building with at least three (3) sides.
(5) "Non-operating vehicle" means:
A. Any vehicle not bearing current, valid, state license plates; or
B. Any vehicle partly disassembled, incapable of satisfying state standards of safe current, valid, state license plates or not. Any vehicle not moved within thirty days shall be presumed to be incapable of moving under its own power.
(6) "Property" means any real property within the City, which is not a street or highway.
(7) "Vehicle Part" means any portion or part of a vehicle.
(d) Storage on Private Property.
(1) No person shall park, store, leave, or permit the parking or storing of any junk vehicle, non-operating vehicle, or vehicle parts, whether attended or not, for a period in excess of seventy-two (72) hours upon any private property within the City, unless the same is completely enclosed within a building, having three (3) or more sides, or unless it is 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.
(2) Therefore, Parking, storing, leaving, or permitting the parking or storing of any junk vehicle, non-operating vehicle, or vehicle parts, whether attended or not attended, in a carport, under a car cover, or behind a fence, for a period in excess of seventy-two (72) hours upon any private property within the City is a violation of this section and this chapter.
(e) Removal Required.
(1) The accumulation and storage of one (1) or more such junk vehicles, non-operating vehicles, or vehicle parts in violation of the provisions of this section shall constitute refuse and unsightly debris and shall constitute a nuisance, detrimental to the health, safety and general welfare of the inhabitants of the City.
(2) The owner, operator, or occupant of the property upon which such nuisance is located otherwise shall remove the nuisance to a place of lawful storage, or shall have the junk vehicle, non-operating vehicle, or vehicle part housed within a building where it will not be visible from the street or alley.
(3) Notwithstanding any provisions to the contrary contained in Chapter 1920, regulation, enforcement, notice, and abatement shall be pursuant to this section.
(f) Notice to Remove.
(1) Whenever there are reasonable grounds to believe that a violation of the provisions of this section exists, the Executive Director of External Services shall give, or cause to be given, notice to the registered owner of any junk vehicle, non-operating vehicle, or vehicle part, which is in violation of this section.
(2) The Executive Director of External Services shall give, or cause to be given, written notice to the registered owner of any junk vehicle, non-operating vehicle, or vehicle part which is in violation of this section; or the Executive Director of External Services shall give, or cause to be given written notice to the owner, operator, or occupant of the property upon which such junk vehicle, non-operating vehicle, or vehicle part is located; or the Executive Director of External Services shall give, or cause to be given, written notice to both the registered owner of the junk vehicle, non-operating vehicle, or vehicle part and the owner, operator, or the occupant of such property.
(3) Written notice shall be by United States certified mail with return receipt, commercial carrier service, or by personal service, and shall state that such junk vehicle, non-operating vehicle, or vehicle part violates the provisions of this section and that within seventy-two (72) hours, the junk vehicle, non-operating vehicle, or vehicle part is to be removed to a place of lawful storage or to be housed in a building where it will not be visible from the street or alley.
(g) Removal by the City.
(1) In addition to, and not in lieu of any other procedure or penalty prescribed in this section or in the Traffic Code for removal of abandoned vehicles from private property, if the registered owner of any junk vehicle, non-operating vehicle, or vehicle part which is in violation of this section, or the owner, operator, or occupant of the private property upon which the same is located, fails, neglects, or refuses to remove or house such junk vehicle, non-operating vehicle, or vehicle part in accordance with the notice given pursuant to the provisions of subsection (f) hereof, the Executive Director of External Services may remove and dispose of such junk vehicle, non-operating vehicle, 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 junk vehicle, non-operating vehicle, or vehicle part in accordance with the provisions of this section.
(2) Any person to whom notice was given pursuant to subsection (f) hereof shall have the right to remove or house such vehicle in accordance with such notice at his expense at any time prior to the arrival of the Executive Director of External Services or his or her authorized representatives as listed above in subsection (h)(1), for the purpose of removal.
(Ord. 2022-4-26. Passed 4-13-22.)