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(A) Except as provided in division (D) below, the Administrator will provide notice to owners of lots found in violation of § 91.21 that they must correct the prohibited conditions within ten days of the notice.
(B) The Administrator will give the notice:
(1) Personally to the owner in writing;
(2) By certified mail letter addressed to the owner at the owner's post office address; or
(3) If personal service cannot be obtained and the owner's post office address is unknown, by:
(a) Publication at least once in a newspaper of general circulation in the city;
(b) Posting the notice on or near the front door of the main building on the lot to which the violation relates; or
(c) Posting the notice on a placard attached to a stake driven into the ground on the lot to which the violation relates, if the lot contains no buildings.
(C) A notice sent to an owner under division (B) (2) of this section may contain a statement that if the owner commits another violation of § 91.21 that poses a danger to the public health or safety on or before the first anniversary date of the notice, the city may correct the violation and assess the expenses against the lot without further notice to the owner.
(D) If tree limbs, trees, or brush on a lot interfere with visibility of on-coming traffic and are an immediate threat to the health, life or safety of any person, the city may correct the condition of the lot under § 91.23 without advance notice to the owner. The Administrator will give the owner notice of the correction within ten days, together with notice of the owner's right to an administrative hearing under § 91.24 if requested in writing within 30 days of the correction.
(Ord. passed
9-10-2019
)
(A) If the owner of a lot does not comply with a notice under § 91.22. the city may:
(1) Cause work to be performed to correct the condition; and
(2) Charge the expenses to the owner of the lot.
(B) The Administrator will execute a statement of the costs of abatement, including an administrative fee of $75, and file the statement as a lien with the County Clerk of the county in which the lot is located. The statement must include the name of the owner, if known, and the legal description of the lot.
(Ord. passed
9-10-2019
)
(A) If a lot owner requests a hearing under § 91.22(D), the Municipal Court Judge will conduct a hearing within 20 days of the request.
(B) If the judge finds from a preponderance of the evidence that trees or brush on the lot encroached on the street or easement within six feet of the edge of the road or were lower than 14 feet above the road surface the city may charge the expenses to the owner and file a lien under § 91.22.
(C) If the judge does not make this finding, the city will bear the expenses.
(Ord. passed
9-10-2019
)
JUNKED AND NUISANCE VEHICLES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTIQUE AUTO. A passenger car or truck that is at least 25 years old.
COLLECTOR. The owner of one or more antique or special interest vehicles who collects, purchases, acquires, trades of disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve and maintain an antique or special interest vehicle for historic interest.
JUNKED VEHICLE. A vehicle that is self-propelled, or that is a trailer or semi-trailer, or that is a recreational vehicle, and:
(1) Either the license plate or inspection sticker is expired, or not attached to the vehicle; and
(2) Is:
(a) Wrecked, dismantled or partially dismantled, or discarded; or
(b) Inoperable and has remained inoperable for more than 72 consecutive hours, if the vehicle is on public property, or 30 consecutive days, if the vehicle is on private property.
NUISANCE VEHICLE. A junked vehicle, including parts thereof, that is located in a place where it is visible form a public place or public right-of-way.
SPECIAL INTEREST VEHICLE. A motor vehicle of any age that has not been altered or modified from original manufacturer's specifications and, because of its historic significance, is being preserved by a hobbyist.
STORAGE FACILITY. A garage, parking lot or any type of facility or establishment for the servicing, repairing, storing or parking of motor vehicles.
(Ord. 2011-01-01, passed 2-1-2011)
(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)
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