(a) No person shall store or permit to be stored upon any lot or land, for a period of more than 20 days, any motor vehicle that does not have displayed thereon license plates for the current year for that motor vehicle, unless the motor vehicle is stored in a completely enclosed building or garage. The 20-day time period shall mean 20 days and shall not mean 20 consecutive days. This section shall not apply to persons doing business in properly zoned areas for sale, salvage, repair or impounding of motor vehicles.
(b) In addition, the owner of the lot or land upon which an improperly licensed and/or unlicensed motor vehicle is located must produce upon request, verification of proof of insurance as required by state law as to the minimum insurance requirements for each motor vehicle in violation of division (a) hereof.
(c) Any motor vehicle stored for more than 20 days in violation of division (a) hereof may be towed and impounded by the Village of Jefferson Police Department as provided for in § 404.05 and all costs and/or fees for the removal and/or impoundment of the vehicle shall be assessed against and incurred by the owner of such improperly licensed and/or unlicensed motor vehicles and/or the person, corporation or legal entity that owns or is in lawful possession or control of the private property from which such improperly licensed and/or unlicensed motor vehicle(s) was removed.
(d) The Village Administrator or the Village Administrator's designee shall, upon completion of an investigation which shall include the taking of photographs depicting the improperly licensed and/or unlicensed motor vehicle(s), determine whether or not division (a) hereof has been violated. In the event there is probable cause to believe a violation of division (a) hereof has occurred, the Village Administrator or the Village Administrator's designee may issue a summons and citation to the responsible person(s), corporation(s) or legal entity or entities responsible for the purpose of initiating in the court of competent jurisdiction the appropriate misdemeanor judicial procedure regarding the same.
(e) In addition to the procedure provided for in division (d) hereof, the Village Administrator or the Village Administrator's designee may, after determining probable cause exists to believe a violation of division (a) hereof has occurred, initiate the following procedure against the person, corporation or legal entity owning the subject motor vehicle(s) or against the person, corporation or legal entity owning, leasing, residing in or at, or otherwise having possession or control of the real property upon which the same is/are located to insure the improperly licensed and/or unlicensed motor vehicle(s) are properly removed:
(1) A "Notice of Violation" shall be provided to such person, corporation or legal entity advising said person, corporation or legal entity of the violation of the within section. The "Notice of Violation" shall advise such person, corporation or legal entity that he, she or it is in violation of the within section. In addition, the "Notice of Violation" shall contain language instructing the responsible person, corporation or legal entity that the improperly licensed and/or unlicensed motor vehicle(s) must, within 72 hours of the date of the "Notice of Violation" being delivered, be removed from the real property at or upon which it is located to another legal location. The "Notice of Violation" may be delivered to such person, corporation or legal entity by U.S. certified mail, return receipt requested or by residential service or by personal service. In the event the deliver of the "Notice of Violation" sent via U.S. certified mail service is returned and marked either "refusal" or "unclaimed" or is otherwise not received by the person, corporation or legal entity to whom or which it was sent, service of the "Notice of Violation" may be accomplished via First Class ordinary U.S. mail, postage prepaid. In that event a Certificate of Mailing shall be secured by the village for the purpose of showing successful service.
(2) In the event the name and/or mailing address of the person, corporation or legal entity that owns the subject real property is unknown or unavailable, delivery of the within "Notice of Violation" will be satisfied through the publication of same once in a newspaper of general circulation within the county.
(3) In the event the subject improperly licensed and/or unlicensed motor vehicle is not properly removed from the real property within 72 hours of the "Notice of Violation" being delivered, the Village may, through the Village Administrator or the Village Administrator's designee, cause the same to be removed and properly "scrapped" or discarded with all costs relating thereto being assessed against the responsible person, corporation or legal entity.
(f) The Village Administrator or the Village Administrator's designee as well as members of the Village of Jefferson Police Department, including any contracting agent or agency of the Village or an employee of said contracting agency, or any agency, or any other person, corporation, or legal entity retained or designated by the Village Administrator or the Village Administrator's designee, is hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this section. No person shall interfere, hinder or refuse to allow the aforementioned individuals or agencies to enter upon private property for the purposes prescribed in this section. Any person, corporation or legal entity to whom notice was delivered pursuant to division (e) hereof, shall have the right to remove any improperly licensed and/or unlicensed motor vehicle in accordance with such "Notice of Violation", at his/her/its own expense, at any time prior to the arrival of any of the aforementioned individuals and/or agencies.
(g) Any fees or charges assessed or incurred by the enforcement of this section shall be assessed against and incurred by the owner of such improperly licensed and/or unlicensed motor vehicles and/or the person, corporation or legal entity that owns or is in lawful possession or control of the private property upon which such improperly licensed and/or unlicensed motor vehicle(s) are located.
(h) Whoever violates any part of this section is guilty of a minor misdemeanor on a first offense; on a second offense such person is guilty of a misdemeanor of the fourth degree; on each subsequent offense such person is guilty of a misdemeanor of the third degree. Each separate improperly licensed and/or unlicensed motor vehicle found to be located in violation of division (a) hereof shall constitute a separate offense. The penalty for these offenses shall be as provided for in § 698.02.
(Ord. 3243, passed 10-4-21)