(a) As used in this section, “junk vehicle” means any vehicle or trailer that is left on private property for forty-eight hours or longer without the permission of the person having the right to the possession of the property, on a public street or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway for forty-eight hours or longer, and two or more of the following apply: 1) is three years old or older; 2) is extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, not property licensed, motor or transmission; 3) is apparently inoperable; 4) has a fair market value of one thousand five hundred dollars ($1,500.00) or less, 5) having an expired or missing license plate. This provision does not apply if the motor vehicle is a collector’s vehicle, as defined in R.C. §4501.01(F), parked on private property.
(b) As used in this section, “nuisance vehicle” means any vehicle or trailer that is parked in the open, and which appears to be in a condition of neglect or disrepair. Evidence of a vehicle or trailer being in a condition of neglect or disrepair includes, but is not limited to:
(1) Being a breeding ground or harbor for mosquitoes, other insects, rodents, feral cats or other pests;
(2) Being a point of growth of weeds or other vegetation;
(3) Being a point of accumulation, or garbage, food waste, animal waste, or other rotten or putrescent matter of any kind, construction debris, or general household refuse;
(4) Being so situated or located that there is danger of it falling or turning over, or posing a danger to the public;
(5) Having, flat or missing tires;
(6) Having an expired or missing license plate;
(7) Having visible conditions or defects that would make it impossible, unsafe, or illegal to be operated on a public roadway;
(8) Having been otherwise, declared a health and safety hazard or public nuisance.
(c) No person shall be prevented from storing or keeping, or restricted in the method of storing or keeping, any collector’s vehicle on private property with the permission of the person having the right to the possession of the property, except that a person having such permission may be required to conceal by means of buildings, fences, vegetation, terrain or other suitable obstruction, any unlicensed collector’s vehicle stored in the open.
(d) The City shall cause notice by personal service, by leaving a copy at the usual place of residence of the owner of the property, or by mailing a copy to such owner at their usual place of residence by certified mail with return receipt requested, that within ten days of receipt of the notice the junk or nuisance vehicle or trailer shall be covered by being housed in a garage or other suitable structure, shall be repaired or improved so that it is no longer a junk or nuisance vehicle or trailer, or shall be removed from the property or public street. If service of the written notice is not perfected by any of the described methods, the City shall cause such notice to be published in a newspaper of general circulation in the City once each week for two consecutive weeks, and shall further cause a copy of the notice to to be left with the property owner, if any, in possession of the said premises on which it is alleged such junk or nuisance vehicle or trailer is located, or if there is no person in possession thereof, the City shall cause a copy of the notice to be posted on the premises. The City shall cause a return of service in the form of an affidavit to be made by the person who served it, which affidavit shall set forth the name and address of the person served, the manner of service, and the date thereof.
(e) No person shall willfully leave a junk or nuisance vehicle, or trailer uncovered in the open for more than ten days after receipt of a notice as provided in this section. The fact that a junk, or nuisance vehicle or trailer is so left is prima-facie evidence of failure to comply with the notice, and each subsequent period of ten days that a junk or nuisance vehicle or trailer continues to be so left, constitutes a separate offense.
(f) If a vehicle or trailer appear to be in violation of this section as viewed from adjacent or public property; a Code Enforcement Officer or Police Officer, may enter areas of a premises that are in plain view and not enclosed within any building to further investigate the condition of the vehicle or trailer, unless otherwise prohibited. Any such officer may, upon investigation, determine and declare that a vehicle or trailer is a junk or nuisance vehicle or trailer, and take appropriate action.
(g) Whoever violates 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.
(h) If the property owner or person having charge of such property fails to mitigate the violation, after being notified per subsection (d), there may be legislation presented to Council as an act of abatement requesting the removal of such vehicle or trailer to a storage or salvage lot. All such charges for the removal of such vehicle or trailer shall be assessed against the property taxes.
(Ord. 2021-50. Passed 5-11-21.)