(a) Notice to Abate; Compliance.
(1) No person shall suffer, permit or allow to exist within the City any act, thing or condition of a kind which has been or may hereafter be defined by ordinance as a nuisance motor vehicle.
(2) A nuisance motor vehicle is defined as a motor vehicle unlicensed or three years old or older, extensively damaged, such damage including but not limited to, missing wheels, tires, motor or transmission, apparently inoperable and having a fair market value of one thousand five hundred dollars ($1,500.00) or less upon public or private property for more than five days without being stored within an enclosed garage or obscured from public view. The notice required by division (a) of this section shall also be posted in a conspicuous place upon the motor vehicle. The appropriate City department or division directed by the Safety-Service Director to serve such notice shall be deemed to have permission to enter upon such premises to post the notice upon the motor vehicle. Posting of such notice upon the motor vehicle shall be deemed service upon the owner and the person having possession of the motor vehicle. Three days after service of notice as provided in division (a) of this section, such motor vehicle shall be deemed to be stored without permission of the person having the right to possession of the property and "a nuisance motor vehicle" under this section, subject to being impounded as provided in Section 303.08.
(3) Whenever a nuisance motor vehicle exists, the Safety-Service Director shall direct the appropriate City department or division to cause the owner, tenant or person in charge of such property upon which such public nuisance exists to be served with a notice to abate the public nuisance. Compliance shall be required within not less than three days after receipt of such notice. If notice and service of same is impossible as outlined in division (a) and (b) of this section, such notice shall be personally served
upon the owner, tenant or person in charge of the premises. If such notice is not able to be served personally on the owner, tenant or person in charge, such notice shall be posted in a conspicuous place in or about the premises affected by the notice and such notice shall be mailed to the person who did not receive personal service by certified U.S. Mail, return receipt requested, and regular U.S. Mail, evidenced by certificate of mailing, to his or her last known address. Such service shall be deemed received three days after posting or three days after mailing, whichever is later. Service of such notice in the foregoing manner upon the owner's agent or upon the person in charge of the premises shall constitute service of notice upon the owner.
(4) Whoever fails to comply with such notice shall be deemed guilty of a minor misdemeanor and each day of such noncompliance shall constitute a separate offense. A second offense for violation of this section within six months is a misdemeanor of the fourth degree and each day of such noncompliance shall constitute a separate offense.
(Ord. 123-18. Passed 9-17-18.)