(a) It shall be unlawful for the registered owner or person entitled to the possession of a junked or inoperable motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked or inoperable motor vehicle is located, to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.
(b) It shall be unlawful to have more than one (1) junked or inoperable motor vehicle, as defined herein, on the premises of public or private property except as provided in subsection (e) of this section. A single, permitted junked motor vehicle must strictly comply with the location, screening and concealment requirements of this section.
(c) It shall be unlawful for any owner or person entitled to the possession of a junked or inoperable motor vehicle, or for the owner, lessee, or occupant of the real property upon which a junked or inoperable motor vehicle is located, to fail to comply with the location requirements of this section.
(d) Subject to the provisions of subsection (e) of this section, upon investigation, the city manager (or his designee) may order the removal of a junked or inoperable motor vehicle after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:
(1) Protection of property values;
(2) Promotion of tourism and other economic development opportunities;
(3) Indirect protection of public health and safety;
(4) Preservation of the character and integrity of the community; and
(5) Promotion of the comfort, happiness and emotional stability of residents.
(e) Permitted concealment or enclosure of a junked or inoperable motor vehicle:
(1) One (1) junked motor vehicle, in its entirety, may be located in the rear yard, as defined in the city zoning ordinance, provided the junked motor vehicle is entirely concealed from public view from a public street and/or abutting premises by an acceptable covering. Junked motor vehicles kept on the premises shall be kept inside a completely enclosed building. The city manager (or designee) has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering must remain in good repair and must not be allowed to deteriorate.
(2) Any more than one (1) junked or inoperable motor vehicle must be kept in a garage or building structure that provides a complete enclosure so that the junked or inoperable motor vehicle(s) cannot be seen from a public street or abutting property. A garage or building structure means either a lawful, nonconforming use or a garage or building structure erected pursuant to the lawful issuance of the building permit and which has been constructed in accordance with all zoning ordinances and building code regulations.
(f) To the extent that the provisions in this chapter 9, article III are inconsistent with chapter 21, article VII, sections 21-7.5 and 21-7.8 or article VIII, subsection 21-8.5(c), the most restrictive provisions shall apply.
(Ord. of 6-8-93, 5; Ord. No. O-03-10-21-02, 2, 10-21-03; Ord. No. O-08-01-15-3, 1(6), 1-15-08)