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(A) The City Council finds that a junked vehicle, including parts thereof, that is located in a place where it is visible from a public place or public right-of-way is a public nuisance because it:
(1) Is detrimental to the safety and welfare of the general public;
(2) Tends to reduce the value of private property;
(3) Invites vandalism;
(4) Creates fire hazards;
(5) Is an attractive nuisance creating a hazard to the health and safety of minors; and
(6) Produces urban blight adverse to the maintenance and continuing development of the city.
(B) It is unlawful for a person to maintain a public nuisance as defined in this subchapter. A person maintains a public nuisance if the person:
(1) Causes or permits a junked vehicle or part of junked vehicle to be placed or to remain on any public property or public right-of-way;
(2) Owns or controls any real property, and causes or permits a nuisance vehicle to be placed or to remain on the property; or
(3) Causes or permits a nuisance vehicle to be placed or to remain on real property without the permission of the owner of the property.
(Ord. 2011-01-01, passed 2-1-2011)
(A) The prohibition in § 93.33(B) above shall not apply to vehicle or vehicle part:
(1) That is completely enclosed in a building in a lawful manner and is not visible from a street or other public or private property.
(2) That is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are:
(a) Maintained in an orderly manner;
(b) Not a health hazard; and
(c) Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery, or covered with a heavy duty contour-fitting cover; or
(3) That is an appropriate storage facility maintained by the city or approved by the city.
(B) This section does not allow a person to leave a junked vehicle on private property without the permission of the owner of the property.
(Ord. 2011-01-01, passed 2-1-2011)
(A) Persons authorized to administer this subchapter may enter public or private property to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle owner, and remove or cause the removal of a nuisance vehicle or vehicle part.
(B) Notification of owner and lien holders.
(1) For nuisance vehicles on private property, the city will give written notice by certified mail, five-day return requested, to the last known registered owner of the vehicle, any lien holder of record, and the owner or occupant of the property on which the vehicle is located. If the mailing address of the owner is unknown, the notice may be placed on the vehicle or hand delivered to the owner.
(2) The notice must state that the nuisance must be abated and removed not later than the fifteenth day after the date on which the notice was personally delivered or mailed, and that any request for a hearing must be made before that ten-day period expires, or the right to a hearing is waived and the vehicle will be deemed to be a nuisance vehicle.
(3) If a notice is returned undelivered, official action to abate the nuisance vehicle shall be contained to a date not less than 15 days after the date of return.
(4) For nuisance vehicles on the public right-of-way which are not dealt with as abandoned motor vehicles, written notice will be given as described in divisions (B)(1) and (B)(2) of this section, except that notice will be mailed to the owner or occupant of the premises adjacent to the public right-of-way rater than to the owner or occupant of the right-of-way.
(Ord. 2011-01-01, passed 2-1-2011)
(A) Upon the timely request for a hearing by any person to whom a notice was given regarding a nuisance vehicle, a public hearing will be held before the Municipal Court judge. Notice of the time, date and location of the hearing will be provided to each person who submitted a timely request for a hearing.
(B) The issue at the hearing is whether the vehicle is a nuisance vehicle. The judge will determine the issued based upon a preponderance of the evidence.
(C) At the hearing, unless proved otherwise, the vehicle is presumed to be inoperable.
(D) If the judge finds the vehicle to be a nuisance vehicle, the judge will order the vehicle to be removed.
(E) Any order requiring the removal of a nuisance vehicle or vehicle part must include a description of the vehicle and the vehicle identification number and license plate number, if the information is available at the site.
(Ord. 2011-01-01, passed 2-1-2011)
(A) The city may remove a nuisance vehicle at any time following a public hearing and order of the judge or following the waiver of a hearing.
(B) A nuisance vehicle or vehicle part will be disposed of by the city by removal to a scrap yard, demolisher or any suitable site operable by the city for processing as scrap or salvage.
(C) If the City Council determines that commercial channels of disposition are not available or are inadequate, the city may operate its own disposal site and make final disposition of nuisance vehicles or vehicle parts at the disposal site, or the city may transfer the vehicles or vehicle parts to another disposal site if the disposal is only as scrap or salvage.
(Ord. 2011-01-01, passed 2-1-2011)
The city may direct the City Attorney to bring a civil action in a court of competent jurisdiction to enforce the provisions of this subchapter. Additionally, the city shall be entitled to recover its reasonable attorney's fees and expenses if the city is the prevailing party in a civil action involving any violation of this subchapter.
(Ord. 2011-01-01, passed 2-1-2011)
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