521.15 STORING INOPERABLE MOTOR VEHICLES ON PRIVATE PROPERTY.

   (a)    Definitions. For purposes of this section, a motor vehicle shall be deemed inoperable when either of the following apply:

      (1)    The vehicle does not display a valid license plate and is either in a wrecked, partially wrecked, dismantled, partially dismantled, or discarded condition, or is incapable of being driven; or

      (2)   The vehicle is wrecked, partially wrecked, dismantled, partially dismantled, discarded, or is incapable of being driven and has remained in such condition for a continuous period of fourteen days.

   (b)   Location or Presence of Inoperable Motor Vehicles Within the City Deemed Public Nuisance; Service; Exceptions.

      (1)   No person in charge or control of any private property within the City, whether as an owner, tenant, occupant, lessee, or otherwise, or the registered owner of the motor vehicle, shall allow an inoperable motor vehicle to remain on such property longer than ten days (Saturdays, Sundays and municipal holidays excluded), after notice is served, in any manner provided by the Ohio Rules of Civil Procedure for service of summons in civil actions, to remove the motor vehicle from such property. A copy of said notice shall also be left at the premises where the vehicle is located, if the surrounding facts and circumstances make it practicable to do so. The accumulation of one or more such inoperable motor vehicles in violation of the provisions of this section shall constitute a public nuisance detrimental to the health, safety and general welfare of the residents of the City, which may be abated as such in accordance with the provisions of this chapter.

      (2)   If no person in charge or control of such property can be found, notice to such persons may be published once in a daily newspaper for general circulation within the City. Such motor vehicle shall be removed within ten days after publication.

      (3)   The person in charge or control of the private property upon which the motor vehicle is located or the registered owner of the vehicle shall have the duty to abate the nuisance by removing the vehicle from the premises.

      (4)   The notice required by this section shall contain the following information:

         A.   The motor vehicle is considered to be inoperable;

         B.   The motor vehicle will be removed ten days thereafter, impounded, and subsequently disposed of;

         C.   The person in charge or control of the private property upon which the motor vehicle is located or the registered owner of the motor vehicle will be held responsible for all costs incidental to the removal, storage and disposal;

         D.   The person in charge or control of the private property upon which the motor vehicle is located or the registered owner of the motor vehicle may avoid fines and costs by removing the motor vehicle from the City or storing such vehicle in accordance with subsection (b)(5) hereof;

         E.   The date, and the address and the telephone number of the Bureau of Buildings, Inspections, Licenses and Permits official to contact for information;

         F.   Any person to whom the notice is directed may file within the ten- day period of compliance a written request for a hearing.

      (5)   This section shall not apply to any vehicle which is enclosed within a building or completely covered by a tarp made of opaque material sufficient to completely cover and protect the vehicle from the weather and view from passersby and stored in the rear yard or in the driveway while it is being repaired or restored, or which is stored on property in connection with a business enterprise operated in a lawful place for the storage, repair or rehabilitation of vehicles as expressly permitted under the provisions of the City Zoning Ordinance. A vehicle to be repaired or restored in a residential area, shall not be stored on a vacant lot, unless the vacant lot is adjacent to a lot where the person repairing or restoring it resides. No resident shall repair or restore more than one vehicle outside an enclosed structure at any given time.

      (6)   Should the person in charge or control of the private property, within ten days after receipt of notice advise the Bureau of Buildings, Inspections, Licenses and Permits official that the inoperable vehicle is either an abandoned motor vehicle or an abandoned junk motor vehicle which has been left on the property without permission of the person having the right of possession of property and requests removal thereof, said official shall cause the removal of the vehicle pursuant to Ohio R.C. 4513.60 or 4513.63 respectively.

   (c)   Request for Hearing. Any persons to whom notices are directed pursuant to this section, or their duly authorized agents, may file a written request for a hearing before the Law Director or his designee, within the ten-day period of compliance (excluding Saturdays, Sundays and municipal holidays) for the purpose of defending against the charges by the City.

   (d)   Procedure for Hearing. A hearing requested pursuant to subsection (c) hereof shall be held as soon as practicable after the filing of the request. Persons requesting a hearing shall be advised of the time and place of said hearing. The scope of said hearing shall be limited to the following issues:

      (1)   Whether the person requesting the hearing is in charge or control of the private property as charged; and

      (2)   Whether the motor vehicle is inoperable as charged.

      (3)   At any such hearing, the City and the persons to whom notices have been directed may introduce such witnesses and evidence as each party deems necessary. The Law Director, or his designee, shall then either affirm or reverse the order, or modify it.

   (e)   Purpose and Effect of Impoundment Procedures. The impoundment of vehicles under authority of the provisions of this chapter shall be construed as an enforcement procedure for the protection of the public peace, safety, and welfare, and for the safeguarding of property.

   (f)   Removal by City. In addition to and not in lieu of any other procedure or penalty prescribed in this section or in the Traffic Code for removal of inoperable motor vehicles from private property, if the registered owner of any motor vehicle which is in violation of this section, or the owner or person in lawful possession or control of the private property upon which the same is located, fails, neglects or refuses to remove or house such inoperable motor vehicle in accordance with the notice given pursuant to the provisions herein, the Police Department may remove and dispose of such motor vehicle in accordance with the provisions of Chapter 307 (Impoundment of Vehicles).

   (g)   Right of Entry. The employees of the Bureau of Buildings, Inspections, Licenses and Permits, and/or the Police Department and any contracting agent of the City or employee thereof is hereby authorized to enter upon private property for the purpose of enforcing the provisions of this section. No person shall interfere with, hinder or refuse to allow such persons to enter upon private property for such purpose and to remove any motor vehicle in accordance with the provisions of this section.

   (h)   Misdemeanor Classification. Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree for the first offense and a misdemeanor of the second degree for each subsequent offense. Prosecution shall always be as and for a first offense unless the affidavit upon which the prosecution is instituted contains the specific allegation that the offense is a second or repeated offense. Each day on which a violation occurs or continues shall be a separate offense, provided that a separate notice under subsection (b) hereof has been issued for each such offense.

(Ord. 97-033. Passed 2-4-97.)