(A) No person shall store, place, or allow to remain, motor vehicles in an inoperative condition, unregistered or unfit for further use, outside of a fully enclosed garage or other suitable structure on any property within the village limits.
(1) In the event of a violation of this section, the Village Manager or his/her designee shall give notice to the owner, occupant, or person having charge of the premises upon which the violation occurs. The issuance of such notice shall be as set forth in § 94.14.
(2) If the person served with the notice as provided in division (1) of this section fails to cause the violation to cease within five days of the date upon which the notice was issued for a first offense, or 24-hours for a second offense, or within 12-hours for any subsequent offense, by housing the vehicle in a fully-enclosed garage or other suitable structure or by removing the vehicle from the property, he/she shall be subject to the penalties provided in § 96.99. The fact that the vehicle is so left is prima-facie evidence of willful failure to comply with the notice.
(3) The Code Enforcement Administrator is hereby authorized to pursue removal of the vehicle as follows:
(a) If a motor vehicle in an inoperable condition is located on public property, the Code Enforcement Administrator may immediately remove or cause the removal of the vehicle.
(b) 1. If a motor vehicle in an inoperable condition is located on private property, the Code Enforcement Administrator may remove or cause the removal of the vehicle not sooner than five days after serving notice as set forth herein of its intention to remove or cause the removal of the vehicle.
2. All expenses incurred in removing or causing the removal of a motor vehicle in inoperative condition shall be placed upon the tax duplicate as a lien upon the land to be collected as other taxes and returned to the village.
(c) The Code Enforcement Administrator shall forthwith notify the registered vehicle owner of the fact of the removal and impounding, reasons therefore, and the place of storage. Any person desiring to redeem an impounded vehicle shall appear at the police department to furnish satisfactory evidence of identity and ownership or right to possession. If the right to possession is in question, it shall be determined by a court of competent jurisdiction. Prior to issuance of a release form, the claimant owner, or operator shall either pay the amount due for any fine for violations on account of which the vehicle was impounded or as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release each vehicle upon receipt of the release form and payment of all towage and storage charges.
(d) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of the vehicle, which has been impounded and unlawfully taken from the place of storage by the owner or operator, shall constitute prima-facie evidence that it was so removed by the owner or operator.
(4) No person shall store, place or allow to remain motor vehicles, trailers, boats, recreational vehicles, etc. on any surface other than an approved paved surface.
(Ord. 2019-02, passed 6-18-19) Penalty, see § 96.99