(A) Nuisance declared. All junk vehicles, whether on public property or on private property in public view are declared to be a nuisance.
(B) Vehicle maintenance. Tearing down, stripping junking or storage of vehicles outside a building or acceptable shielding within any area of the corporate city limits is prohibited. However, this section shall not be construed to prevent people from repairing their own vehicles on private property, even when exposed to public view, provided said work is completed within 90 days.
(C) Abatement.
(1) Procedure.
(a) In addition to the notice required by § 91.07, if the owner of the vehicle and/or lien holder is not the same person same as the owner of the real property upon which the violation is occurring, the City Mayor or his or her designee shall make a reasonable attempt to locate the owner of vehicle and/or lien holder. The address currently maintained by the State Department of Motor Vehicle Registration, or the equivalent agency in any other state or country, shall be made. Any notice is deemed complete by deposit into the United States Postal Service of a return receipt requested mailing to said address.
(b) 1. If the owner of the junk vehicle consents to abatement, such person shall sign a written consent to abate the vehicle and provide to the city a copy of the motor vehicle registration for said vehicle, if available, or bill of sale. The signing of such consent shall in no way relieve the owner of paying any outstanding lien(s) and the costs associated with the towing, disposal of said vehicle and related administrative costs to be set by resolution.
2. If the junk vehicle is on private property and the owner of the junk vehicle is not the same as the owner of the real property, the city will attempt to acquire written consent of the private property owner as well. If consent of both parties cannot be obtained, the city shall pursue legal remedies through the court having proper jurisdiction and venue to abate nuisances.
(c) Involuntary abatement. If the owner does not consent to said removal, then the city shall pursue legal remedies through the court having proper jurisdiction and venue to abate nuisances.
(2) Public property.
(a) If the junk vehicle is on public property and is not disposed of within ten days of mailing of the violation notice as provided hereinafter from the city, the County Sheriffs’ office is authorized to remove and dispose of said vehicle.
(b) The owner of said vehicle shall be responsible for all costs and expenses for towing, storage and administrative costs.
(c) If an owner of a junk vehicle on public property cannot be determined, the County Sheriffs’ office is immediately authorized to remove and dispose of said vehicle.
(3) Private property. If the junk vehicle is on private property and is not shielded or disposed of within 30 days of receipt of notice as provided for herein, the city shall commence an action to abate said nuisance. The owner of said vehicle shall be responsible for all costs and expenses for towing, storage, administrative and court costs.
(Ord. 456, passed 8-23-2022) Penalty, see § 91.99