(A) If the junk vehicle is not removed within the time provided in § 71.10, the owner of the junk vehicle and the occupant and owner of the real estate upon which it is located shall each, on conviction, be subject to a penalty of $50. Each day during which the junk vehicle is permitted to remain and does remain on the real estate after the time fixed in the order shall constitute a separate offense.
(B) In addition, if the junk vehicle is not removed within the time provided in § 71.10, the Police Department may cause the motor vehicle to be removed at the expense of the owner of the real estate, which expense shall constitute a lien on the real estate by proceeding as follows:
(1) By issuing a removal order which shall be served as provided under § 71.11.
(2) Before entering the premises upon which the junk vehicle is located, obtaining through the DeKalb or Steuben Circuit Court or the Dekalb or Steuben Superior Court, an administrative search warrant for the purpose of entering the premises and for the purpose of removing the junk vehicle. The Police Department must have reasonable cause to believe that a violation of this section has occurred before obtaining the administrative search warrant.
(3) Upon obtaining the administrative search warrant, the Police Department shall serve the search warrant as provided in § 71.11 before the removal of the junk vehicle.
(4) The search warrant shall also give the town and the Police Department the authority to remove the junk vehicle and charge the costs of the removal to the owner, which costs shall also be a lien on the real estate.
(5) This procedure is adopted pursuant to I.C. 36-1-6-9 as from time to time amended or replaced and is meant to include the procedures therein.
(C) The Police Department may also cause the vehicle to be removed and to be disposed of in the same manner as now provided by state law for the removal and disposal of abandoned vehicles.
(Ord. 2000-07, passed 8-7-00; Am. Ord. 2003-19, passed 12-1-03; Am. Ord. 2013-1, passed 3-4-13)
Cross-reference:
Abatement of nuisances, see § 93.02