(a) No person shall store or park for longer than seven days any unlicensed or inoperable motor vehicle in the City other than in a garage or in a place not open to view from any residential property, public street or alley, or any other public place. A place not open to view includes any area where the unlicensed or inoperable vehicle is concealed from public view by means of buildings, fences, vegetation, terrain or other suitable obstruction. An unlicensed or inoperable motor vehicle covered by a tarpaulin or other similar material is deemed to be open to public view, unless it is in a garage or concealed as described herein.
(b) An unlicensed motor vehicle means any motor vehicle not displaying a current, valid license plate, including any validation sticker, other than a motor vehicle exempt under Ohio R.C. Chapter 4503.
(c) An inoperable motor vehicle shall mean any motor vehicle missing wheels, tires, windshield, motor or transmission, or which has been so damaged as to appear not safely operable. Any vehicle that remains parked or near the same location for more than 30 consecutive days shall be presumed to be inoperable.
(d) (1) Notice to remove an unlicensed or inoperable motor vehicle (hereinafter notice of removal) shall be made by placing an adhesive backed card on the vehicle in a conspicuous location. The notice of removal shall describe, with reasonable specificity, the vehicle to be removed, shall state that it constitutes an unlicensed or inoperable motor vehicle and a public nuisance, shall state that the owner has seven days to either:
A. Remove the vehicle;
B. Bring the vehicle into compliance with city ordinances; or
C. File a written objection to the notice of removal with the Chief of Police, on a form and in a manner prescribed by the Chief of Police.
(2) Upon receipt of the objection to notice of removal, the City may file a criminal complaint against the recipient of the notice of removal in Middletown Municipal Court. Nothing in this division (d) is intended to limit the ability of the City to file a criminal complaint for violation of this section in the absence of an objection to notice of removal.
(e) If the recipient of a notice of removal, issued under this section, fails to abate the nuisance or fails to object in writing to the Chief of Police within seven days after its receipt, it shall be conclusively presumed to establish the unlicensed or inoperable motor vehicle as a public nuisance and such vehicle may be removed immediately by the City.
(f) (1) Whoever violates any provision of this section shall be guilty of a minor misdemeanor on a first offense; if the offender has been previously convicted within the past year of violating this section, the offender shall be guilty of a misdemeanor of the fourth degree. If the offender has been twice previously convicted within the past two years of violating this section, the offender shall be guilty of a misdemeanor of the first degree and shall be fined not less than five hundred dollars ($500.00) and imprisoned not less than thirty days. Such minimum fine and term of imprisonment may be reduced or waived only upon a finding of the court that such reduction or waiver is required by the interest of justice.
(2) Upon a finding of guilt, the issue presented by the Objection to Notice of Removal shall be deemed decided in favor of the City. The owner shall have five days from the finding of guilt to remove the vehicle(s) to a place where they may be lawfully stored or parked. If the owner fails to remove the vehicle(s) within the five day period, the City may remove the vehicle(s) immediately.
(3) If the accused fails to appear at any hearing, as required, before the court, without cause, the court may order any vehicle(s) stored or parked in violation of this section impounded and direct the police to cause them to be towed.
(4) Any and all costs incurred by the City in impounding or towing vehicles in accordance with this division shall be the responsibility of the owner. The Court may, to the extent permitted by law, order these costs paid as restitution, or the City may seek to recover such costs through a civil action.
(Ord. 2001-34, passed 4-3-2001; Am. Ord. O2003-119, passed 10-21-2003)