(A) Any person who is the owner, lessee, tenant, occupant or one otherwise in charge or in control of premises located on private property shall not permit any wrecked, junked, partly dismantled or otherwise inoperable motor vehicle, or any motor vehicle not licensed pursuant to KRS 186.020, including water craft, to be parked, placed or located on the premises for more than 10 days. Any motor vehicle herein described that is parked, placed or located on aforementioned premises for longer than 10 days shall be declared a public nuisance and subject to abatement.
(B) This subchapter shall not apply to:
(1) Historic motor vehicles which are registered and licensed pursuant to KRS 186.043;
(2) Any vehicle housed in an enclosed building; or
(3) Any vehicle parked, placed or located on the premises which is screened from public view pursuant to KRS 177.915.
(C) The abatement of a public nuisance shall be as follows:
(1) Notice to abate. The City Clerk or a Code Enforcement Officer of Midway shall serve or cause to be served a notice upon the owner(s) or occupants of any premises upon which any motor vehicle, as described in division (A) of this section, is located in violation of the provisions of this section. The notice shall describe the nuisance and shall demand abatement within 10 days of the notice. The notice shall also contain the following statements in effect:
(a) The city may abate the nuisance if it is not corrected within 5 days after the last day for complying with the demand to abate;
(b) An estimate of the cost of removing or correcting the nuisance;
(c) That the cost of abatement shall constitute a lien against the property in favor of the city;
(d) The City Clerk shall send a bill for the cost of abatement, including administrative costs, to the property owner or occupant after the city has abated the nuisance; and
(e) A notice of lien shall be placed against the property removed if the bill for the cost of abatement is not paid within 14 days following its being mailed to the owner, lessee, tenant or occupant.
(2) Service of notice to abate. The notice shall be personally served upon the owner(s) or occupants of the subject property, or shall be mailed to the last known address of the owner(s) as shown on the property tax rolls. If the owner(s) of the property cannot be determined or located:
(a) The City Clerk shall make an affidavit so stating;
(b) The serving of notice upon the owner, tenant or occupant was made by publication in a newspaper for 2 consecutive issues; and
(c) A copy of the notice shall be posted conspicuously on the subject premises.
(3) Calculating time period. The 5 day time period for notice shall begin as follows:
(a) On the day following service when notice is personally served;
(b) On the third day following mailing when notice is mailed; or
(c) On the third day following first publication and posting.
(4) Enforcement. The duties imposed on the City Clerk by this section may be performed by a Code Enforcement Officer or any other law enforcement agency or designee of the city which has agreed with the City Council to provide law or code enforcement services for the city.
(D) In the event a motor vehicle is removed from property by the city pursuant to § 92.45 it shall be deemed abandoned by the owner and may be disposed of by the city without recourse by its owner under the following conditions. The city shall provide notice to the property owner in the manner set forth in division (C)(2) of this section of the following:
(1) That in the event the motor vehicle is removed by the city it will be deemed abandoned by the owner; and
(2) If the motor vehicle is deemed abandoned, then it may be disposed of by the city without recourse by the owner, with the costs of the disposal to be included in the cost of abatement.
(Ord. 1012.0, passed 6-5-1989; Am. Ord. 03-07, passed 6-16-2003; Ord. 2005-03, passed 1-4-2005; Am. Ord. 2019-015, passed 1-6-2020)
Penalty, see § 92.99