A. Abandonment Prohibited; Nuisance:
1. Except as otherwise provided, no person shall abandon any partially dismantled, nonoperating, wrecked or junked vehicle, nor leave such vehicle for such time and under such conditions as to cause it to reasonably appear to have been abandoned, upon any private property, dedicated street right of way or public easement.
2. Vehicles so abandoned or left shall constitute a public nuisance.
B. Exceptions: Persons excepted from subsection A of this section are those who maintain such vehicles:
1. In enclosed buildings;
2. On the premises of a business enterprise operated in a lawful place and manner, when such vehicles are necessary to the operation of said business; or
3. In an appropriate storage facility or depository which is maintained by or for the city.
C. Rebuttable Presumption: A rebuttable presumption exists that vehicles have been abandoned when any one of the following conditions exists:
1. Weeds and/or grass undergrowth indicates to a reasonable person that the vehicle has not been moved, thereby permitting such growth to occur; or
2. One or more wheels are flat or missing; or
3. Portions of the vehicle which are needed for its operation or control are missing; or
4. Neighboring residents provide written statements as to the length of time such vehicle has been standing in one place without removal, or statements that parts are taken from, or added to, such vehicle, which would indicate a salvage, garage or used parts operation; or
5. Evidence exists that provisions of the city code pertaining to zoning or to junk or salvage yards, are being violated; or
6. No current license tag is present or visible on the vehicle.
D. Authority Of City Officials: Appropriate city officials may remove and impound, or cause to be removed and impounded, those vehicles which appear to be in violation of this section.
E. Impoundment Notice To Owner: Prior to the removal and impoundment of any vehicle under the provisions of this chapter, the appropriate city officials shall attempt to notify, by certified mail, the registered owner of such vehicle, stating that the vehicle appears to be in violation of this chapter, and that the owner has forty eight (48) hours from the receipt of such notice to remove the vehicle. Should the city officials be unable to serve notice upon the owner, a notice containing similar provisions shall be affixed to the abandoned vehicle instead. (1985 Code § 18-36)