(a) No person shall purposely leave an abandoned junk motor vehicle on private property for more than 72 hours, or on a public street or other property open to the public for purposes of vehicular travel or parking or upon or within the right-of-way of any road or highway, for 48 hours or longer.
(b) Any motor vehicle abandoned in the manner provided herein is hereby declared to be a public nuisance by reason of its abandonment causing a deteriorating and blighting influence on nearby properties and by reason of its depreciating the enjoyment and use of the properties in the immediate vicinity to such an extent that it is harmful to the public health, welfare and safety of the community in which such abandoned motor vehicle is located, and such nuisance shall be abated.
(c) An abandoned motor vehicle is defined as any motor vehicle meeting all of the following requirements:
(1) Left on private property for more than 72 hours other than in an enclosed garage, on a public street or other property open to the public for the purpose of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for 48 hours or longer;
(2) Three years old or older;
(3) Extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield, missing wheels, tires, motors or transmission;
(4) Apparently inoperable;
(5) Having a fair market value of five hundred dollars ($500.00) or less.
A wrecked vehicle being held for repair at an automobile service garage or body shop shall be exempt from the provisions of this section.
(d) Whenever the Chief of Police or his authorized representative finds, upon investigation, that a motor vehicle has been abandoned, he shall cause written notice by certified mail or by personal service to be served upon the owner, or the lessee, agent or tenant, having the right to possession of such real property on which the abandoned motor vehicle must be removed within 72 hours after the service of such notice. If such owner or other person having the right to possession of such real property is a nonresident whose address is known, such service shall be sent to his address by certified mail.
(e) Upon failure of any owner, lessee, agent or tenant having charge of the lots and lands referred to in division (d) hereof to comply with the notice of removal within the period of time stipulated, the Chief of Police shall cause such abandoned vehicle to be removed by the direct employment of labor or authorize some person to remove the abandoned vehicle on behalf of the municipality. The Chief of Police shall order any abandoned junk motor vehicle to be photographed by a law enforcement officer in the place where abandoned. The officer shall record the make of the motor vehicle, the serial number when available, and shall also detail the damage or missing equipment to substantiate the value of five hundred dollars ($500.00) or less. The Chief of Police shall thereupon immediately dispose of the abandoned junk motor vehicle to a junkyard or scrap metal processing facility as defined in Ohio R.C. 4747.05 or to any other facility owned by or under contract with the Municipality for the disposal of such motor vehicles. The records and photographs relating to the abandoned junk motor vehicle shall be retained by the Chief of Police for a period of at least two years. Such officer shall execute, in duplicate, an affidavit as prescribed by the Registrar of Motor Vehicles, describing the motor vehicle and the manner in which it was disposed of, and that all requirements of this section have been complied with and he shall sign and file the same with the Clerk of the Courts for the County. Any moneys arising for the disposal of an abandoned junk motor vehicle shall be deposited in the General Fund.
(f) Whoever violates this section is guilty of a minor misdemeanor, and shall also be assessed any costs incurred by the Municipality in disposing of such junk vehicle, less any money accruing to the Municipality from such disposal.
(g) Whoever violates division (a) of this section two or more times within a one year period is guilty of a misdemeanor of the fourth degree.
(Ord. 1519. Passed 9-20-04.)