(a) Definitions.
(1) “Junk” means any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered as junk.
Portions of motor vehicles, such as hoods, fenders, radiators, rims, motors, etc., not being utilized for the repair of a motor vehicle, shall be considered as junk.
(2) “Junk motor vehicle” means any motor vehicle which meets any three of the following requirements:
A. Three years old or older;
B. Is extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor or transmission;
C. Apparently inoperable;
D. Has a fair market value of five hundred dollars ($500.00) or less.
(3) Junk and junk motor vehicles left in the open are hereby declared a nuisance and shall be abated in accordance with this section and the laws of the State of Ohio.
(b) Prohibitions.
(1) No person shall willfully permit junk or a junk motor vehicle to remain in the open on private property which said person owns, occupies or controls after receipt of an order to remove the junk or junk motor vehicle served by the Chief of Police, or such other person as the Mayor may designate in any manner provided by Ohio Rules of Civil Procedure.
(2) If any recipient of an order to remove junk or a junk motor vehicle shall fail to appeal the same in writing within ten days after its receipt, to the Mayor of the Village of New Washington or such other agency or board as Council shall provide, it shall be conclusively presumed to establish the junk or junk motor vehicle as a nuisance and the junk or junk motor vehicle shall be immediately removed by the New Washington Police Department or such person as they may designate as their agent for the purpose of removing junk and junk motor vehicles.
The fact that junk or a junk motor vehicle is left on private property without the filing of an appeal by the recipient of an order to remove the junk or junk motor vehicle is prima facie evidence of willful failure to comply with the order.
(3) No person shall leave junk or a junk motor vehicle for any period of time on private property to which such person does not have the right of possession without the authorization of the person having the right of possession of such property.
(c) Appeals of Order to Remove Junk and Junk Motor Vehicles.
(1) The Mayor or such other agency or board as Council shall designate shall hear any appeals within thirty days of the filing of an appeal by the recipient of an order to remove junk or a junk motor vehicle left in the open in violation of the ordinances of the Village of New Washington. The Mayor or such other agency or board as the legislative body shall designate shall rule whether or not the articles or materials in question are junk or the motor vehicle in question is a junk motor vehicle left in the open contrary to the provisions of this section. If the junk or the junk motor vehicle is declared by the Mayor or such other agency or board as Council shall designate to be junk or a junk motor vehicle left in the open, the Mayor or such other agency or board as Council shall designate shall order the removal of the particular junk or vehicle by the New Washington Police Department or their authorized agent.
(2) Any appeal of the decision of the Mayor shall be made pursuant to Ohio R.C. Chapter 2506.
(d) Storage and Disposal of Junk or Junk Motor Vehicles.
(1) After the articles or materials have been determined to be junk or the motor vehicle has been determined to be a junk motor vehicle, as provided herein, the New Washington Police Department or their authorized agent, shall immediately cause the junk or junk motor vehicle to be removed from the property where the junk or junk motor vehicle is located. The place of storage for any junk or junk motor vehicle which has been removed by the Police Department or their authorized agent shall be designated by Council.
(2) Any junk or junk motor vehicles which have been stored by the New Washington Police Department or their authorized agent pursuant to this section, shall be disposed of in accordance with the procedures set forth in Ohio R.C. 4513.63.
(e) Penalty.
(1) Whoever fails to remove junk or junk motor vehicles left in the open, after receipt of a proper order to remove the same, is guilty of a third degree misdemeanor. Violators shall be fined not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. Punishment shall be in accordance with Ohio R.C. 2929.21. Every twenty days this section is violated shall constitute a separate offense.
(Ord. 645. Passed 7-27-87.)
(Ord. 645. Passed 7-27-87.)