(a) Purpose. In enacting this section, Council finds and declares that the accumulation and storage of unlicensed, abandoned, wrecked, junked, partially dismantled or inoperative motor vehicles, on private property, which motor vehicles are in the nature of rubbish or unsightly debris, violations regulations of the Village and constitutes a nuisance detrimental to the health, safety and welfare of the community in that such conditions tend to interfere with the enjoyment of and reduce the value of private property, invite plundering, create fire hazards and other safety and health hazards to minors as well as adults, interfere with the comfort and well being of the public and create, extend and aggravate urban blight, and that the public health, safety and general welfare require that such conditions be regulated, abated and prohibited.
(b) Storage on Private Property.
(1) No person shall park, store or leave, or permit the parking or storing of any unlicensed motor vehicle or any vehicle in or wrecked, junk, partially dismantled, or abandoned condition, whether attended or not, for a period in excess of five calendar days upon any private property within the Village, unless the same is completely enclosed within a building, or less it is in connection with a business enterprise operated in a lawful place and manner and licensed as such, when necessary to the operation of such business enterprise, or it is a collector’s vehicle, pursuant to Ohio R.C. 4501.01(f).
(2) For the purposes of this section, a motor vehicle shall be deemed to be in wrecked or junk condition if any of the following apply:
A. The vehicle is extremely damaged including but not limited to any of the following: missing wheels, tires, motors or transmissions, or
B. The vehicle is apparently inoperable.
C. The vehicle is unlicensed.
D. The vehicle is deemed to be detrimental to the aesthetics of the neighborhood.
(3) Whoever violates this section is guilty of a misdemeanor of the third degree.
(c) Removal Required. The accumulation and storage of one or more such motor vehicles in violation of the provisions of this section shall constitute rubbish and unsightly debris, and shall constitute a nuisance, detrimental to the health, safety and general welfare of the inhabitants of the Village. It shall be the duty of the owner of such motor vehicle, and it shall be the duty of the person in charge or control of the private property upon which such motor vehicle is located, whether as owner, tenant, occupant, lessee or otherwise, to remove the same to a place of lawful storage, or to have the motor vehicle housed within a building where it will not be visible from the street.
(d) Notice to Remove. Whenever there are reasonable grounds to believe that a violation of the provisions of this section exists, the Zoning Inspector and/or the Chief of Police, or Village Administrator, shall give or cause to be given, written notice to the registered owner of any motor vehicle which is in violation of this section, or to the owner or person in lawful possession or control of the private property upon which such motor vehicle is located, or to both the registered owner and the owner or person in lawful possession or control of such private property, by certified mail with return receipt or by personal service, that such motor vehicle violates the provisions of this section and that within five days the motor vehicle is to be removed to a place of lawful storage or to be housed in a building where it will not be visible from the street.
(e) Removal by Village. In addition to and not in lieu of any other procedure or penalty prescribed in this chapter or in the Traffic Code for removal of abandoned motor vehicles from private property, if the registered owner of any motor vehicle which is in violation of this section, or the owner or person in lawful possession or control of the private property upon which the same is located, fails, neglects or refuses to removed or house such abandoned, wrecked, junked, partially dismantled or inoperative motor vehicle in accordance with the notice given pursuant to the provisions of this section, the Zoning Inspector, and or the Chief of Police or Village Administrator may remove and dispose of such motor vehicle.
(f) Right of Entry. The Zoning Inspector and/or the Chief of Police or Village Administrator, any contracting agent of the Village, and employee of such contracting agent, and authorized officer, employee and agent of the Village and each of tem, are hereby expressly authorized to enter upon private property for such purpose and to remove any motor vehicle in accordance with the provisions of this chapter. Any person to whom notice was given pursuant to this 521.12 shall have the right to remove or house such motor vehicle in accordance with such notice at his own expense at any time prior to the arrival of the Zoning Inspector, and/or Chief of Police, and/or Village Administrator for the purpose of removal.
(Ord. 32-89. Passed 11-28-89.)
(g) Penalty. Whoever violates this section is guilty of a minor misdemeanor. Each day on which a violation occurs or continues shall be deemed a separate offense.