(a) Definition. For purposes of this section, “inoperable motor vehicle” means any motor vehicle that for a period of seventy-two (72) hours or more, remains in either of the following conditions:
(1) It does not display a valid registration sticker or license plate; or
(2) It is wrecked, partially wrecked, dismantled, partially dismantled, discarded or is incapable of operation.
A. Dismantled or partially dismantled means any motor vehicle from which some part or parts have been removed or are missing.
B. Incapable of operation means any motor vehicle which is unable or apparently unable to move under its own power.
(b) No person shall store, place or park, or permit to be stored, placed or parked or allow to remain, any inoperable motor vehicle upon property public or private in the Village of Lowellville, unless such person is lawfully operating a junk yard or scrap metal processing facility or unless the inoperable motor vehicle is completely enclosed inside of a garage or other suitable structure and is shielded from public view.
(c) The maintenance of an inoperable motor vehicle in a manner prohibited by subsection (b) hereof constitutes a nuisance subject to immediate abatement and undermines the health, safety and welfare of the community.
(d) The provisions of this section are specifically intended to impose strict liability.
(e) A vehicle that is an “inoperable motor vehicle” due solely to the fact that it does not display a valid registration sticker or license plate is not subject to removal under this section.
(f) Removal Notices. The Mahoning County Sheriff, the Lowellville Police Chief or a designee of either may provide notice by personal service or regular mail to the owner or party having the right to possession of the property on which an inoperable motor vehicle is present and, if the vehicle owner is different than the property owner and the identity of the vehicle owner is readily ascertainable, to the titled owner of the inoperable motor vehicle that, within ten days of the service of the notice, the inoperable motor vehicle shall be completely enclosed inside of a garage or other suitable structure and be shielded from public view or shall be removed from the property; and that, if neither has occurred at the conclusion of the designated time frame, the Mahoning County Sheriff, Lowellville Chief of Police or the designee of either shall cause the removal of said vehicle and the property owner and vehicle owner shall both be responsible for the cost of removal and storage. A notice shall also be placed in a conspicuous place on the inoperable motor vehicle. The notice shall set forth the procedure to appeal the determination that the vehicle should be removed. The notice will also state that, should it be reported by a person with the right to possession of the land on which the inoperable motor vehicle is located that said vehicle is present on the premises without his permission, the inoperable motor vehicle will be removed immediately even if prior to any time period specified elsewhere in the notice. Service by regular mail shall be considered complete and sufficient upon the mailing of notice to the owner of the land on which the inoperable motor vehicle is located as reflected in the records of the Mahoning County Recorder’s office and to the titled owner of the inoperable motor vehicle regardless of whether actual notice is ever received.
(g) Removal of Inoperable Motor Vehicles.
(1) If the landowner or person having a right of possession to the premises or the Village Police Chief in the case of public property on which the inoperable motor vehicle is located notifies the Mahoning County Sheriff, Lowellville Police Chief or the designee of either within the time period provided for in subsection (f) hereof that the inoperable motor vehicle has been left on their property without permission and requests the removal thereof, the Mahoning County Sheriff, Lowellville Police Chief or the designee of either shall immediately cause the vehicle to be removed and placed into storage, and may employ the necessary labor, materials and equipment to perform the task. A landowner who, in response to receiving a notice of the type described in subsection (f) hereof, truthfully informs the appropriate authorities that the inoperable motor vehicle was left on his property without permission and requests removal will not be charged for removal and storage costs.
(2) If the ten day notice period provided in subsection (f) hereof has expired and the landowner or person having a right to possession of the property on which the inoperable motor vehicle is located has not complied or requested removal in accord with subsection (g)(1) hereof, the Mahoning County Sheriff, Lowellville Police Chief or the designee of either shall immediately cause the removal of the inoperable motor vehicle from the property and its placement into storage, and may employ the necessary labor, materials and equipment to perform the task.
(3) If the owner of the motor vehicle or the landowner wishes to appeal the determination to remove the motor vehicle pursuant to this section, they may appeal to the Village Council prior to the expiration of the ten day notice period provided in subsection (f) hereof. The notice of appeal shall be in writing, shall contain the address and telephone number of the appellant, and shall be delivered to the Clerk of Lowellville City Council. The filing of a notice of appeal shall not stay or prevent the removal of the vehicle, but the vehicle will not be disposed of prior to the hearing before the housing code appeals board if the notice of appeal was timely filed.
(h) The inoperable motor vehicle shall be disposed of in accord with the provisions of Ohio R.C. 4513.61, 4513.63 and/or 4505.101.
(i) Whoever violates this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on the following offense and a misdemeanor of the third degree on all following offenses. Each day that the inoperable motor vehicle remains on the property after the expiration of the notice shall constitute a separate offense. Upon conviction, the Court shall assess against the defendant all costs, debts or fees incurred by the Village of Lowellville, including, but not limited to towing and storage costs.
(Ord. 3367. Passed 5-21-08.)
(Ord. 3367. Passed 5-21-08.)