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(a) Declaration of Nuisance. No person shall store, maintain, keep, or authorize or permit the storage, maintenance, or keeping of any abandoned or junk motor vehicle on any private property under his ownership, tenancy or control. Any motor vehicle which, for a period of ten consecutive days or more does not have an engine in running condition, four inflated tires, a battery, and current license plates and is otherwise legally roadworthy (i.e. operational lights and turn signals, windshield, etc.), or which is in fact abandoned by its owner, or which for any reason is not operable and is not repairable, shall be deemed to be abandoned or a junk motor vehicle under this section.
This section shall not be deemed to prohibit the storage of such motor vehicles within a fully enclosed building or by a licensed junk dealer. Nor shall it be a violation for a new or used automobile dealer or licensed commercial garage or repair shop to store disabled vehicles upon premises which conform to all applicable zoning ordinances.
(b) Enforcement. This section shall be enforced under the direction of the Public Safety Director. The Public Safety Department shall have the same authority to impound abandoned or junk motor vehicles prohibited herein as provided for vehicles abandoned on the public streets under applicable law. Notwithstanding any provision to the contrary herein, the Director of Public Safety, upon written application, may exempt from the provisions of this section for any reasonable period of time, any historic or classic vehicle, any vehicle in the process of restoration or repair, or any vehicle which by reason of special circumstances is deemed by the Director not to be a junk or abandoned motor vehicle.
(c) Abandoned Vehicle Procedures.
(1) As used in this section, “abandoned vehicle” means a vehicle which has remained on public property or private property for a period of 48 hours after the Public Safety Department has affixed written notice to the vehicle.
(2) If a vehicle has remained on public or private property for a period of time so that it appears to the Public Safety Department to be abandoned, the Department shall do all of the following:
A. Determine if the vehicle has been reported stolen.
B. Affix a written notice to the vehicle. The written notice shall contain the following information:
1. The date and time the notice was affixed.
2. The name and badge number of the Public Safety Department officer affixing the notice.
3. The date and time the vehicle may be taken into custody and stored at the owner’s expense until disposition through procedures set forth in M.C.L.A. 257.252.
4. The year, make, and vehicle identification number of the vehicle, if available.
(3) If the vehicle is not removed within 48 hours after the date the notice was affixed, the vehicle is deemed abandoned and the Public Safety Department may have the vehicle taken into custody.
(4) Once a vehicle has been taken into custody, the owner may reclaim the vehicle by obtaining a release from the Public Safety Department after showing that the vehicle has proper registration and insurance. Upon doing so, the owner can reclaim the vehicle from the custodian after paying all accrued charges from the custodian.
(5) Once a vehicle has been taken into custody, the vehicle will be immediately entered into LEIN (Law Enforcement Information Network) as abandoned and procedures set forth in M.C.L.A. 257.252 will be followed as it pertains to abandoned vehicles.
(Ord. 444. Passed 1-2-07; Ord. 503. Passed 6-4-13.)