(A) No person shall purposely leave an abandoned motor vehicle on private property for more than seven days, 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) (1) An
ABANDONED MOTOR VEHICLE is defined as any motor vehicle meeting all of the following requirements:
(a) Left on private property for more than seven days 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;
(b) Three years old or older;
(c) Extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motors, or transmission; or apparently inoperable, including but not limited to vehicles which are on jack stands or ramps, vehicles which will not start, vehicles missing essential body parts, or not having valid license plates.
(d) Having a fair market value of $1,500 or less.
(2) 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 or her authorized representative finds, upon investigation, that a motor vehicle has been abandoned, he or she shall cause written notice by certified mail or personal service to be served upon the owner, or the lessee, agent or tenant, having the right of possession of such real property on which the abandoned vehicle is located that 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 or her 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) of this section 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 motor vehicle to be photographed by a law enforcement officer in the place where abandoned. The officer shall record the make of motor vehicle, the serial number when available, and shall also detail the damage or missing equipment to substantiate the value of $1,500 or less. The Chief of Police shall thereupon immediately dispose of the abandoned junk motor vehicle to a junk yard or scrap metal processing facility as defined in R.C. § 4737.05 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 after the disposition of such vehicle for a period of at least two years. Such officer shall execute, in quadruplicates, 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 shall sign and file the same with the Clerk of Courts of Auglaize County. Any moneys arising from the disposal of an abandoned junk motor vehicle shall be deposited in the General Fund.
(F) Whoever violates division (A) of this section is guilty of abandoning motor vehicle, a minor misdemeanor, and in addition to any other penalty, shall be assessed any costs incurred by the municipality in disposing of such abandoned motor vehicle, less any money accruing to the municipality from the disposal.
(Ord. 2003-4-14, passed 5-27-03)