(a) Except as otherwise provided herein, the deposit, storage, maintenance, collection, or accumulation of "junk motor vehicles", unlicensed vehicles and/or unused motor vehicles outside of an enclosed building is declared to be a public nuisance and offensive to the public health, welfare, and safety of the residents of the City.
(b) No person shall park or store, or permit to be parked or stored on any property for more than ten days, a junk motor vehicle, whether licensed or unlicensed, except in an enclosed building or garage or as otherwise permitted by law. For purposes of this section, “junk motor vehicle” means any motor vehicle meeting any two of the four of the following requirements:
(1) Three years old, or older;
(2) Extensively damaged, such damage including, but not limited to any of the following: missing wheels, tires, motor or transmission;
(3) Apparently inoperable; or
(4) Having a fair market value of one thousand five hundred dollars ($1,500.00) or less.
(c) No person shall park or store, or permit to be parked or stored, on any property for more than ten days, any unlicensed motor vehicle or any vehicle not in operating condition, except in an enclosed building or garage or as otherwise permitted by law.
(d) No person shall park, place or store, or permit to be parked, placed or stored, for more than ten days, or abandon a licensed but unused motor vehicle on any property within the City, except:
(1) As otherwise provided by law;
(2) When the motor vehicle is within the confines of any building, garage or carport;
(3) When such motor vehicle is in operating condition and the vehicle is registered with the State as a historical vehicle; or
(4) When lawfully used under a zoning permit or conditional zoning permit.
(e) No person shall continue such parking, placing or storing of a motor vehicle or, being the owner or lessee of the property involved, permit a motor vehicle to be parked, placed or stored, within such area, beyond the period of ten days set forth in this section. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(f) When the Director of Public Safety or his or her designee receives a report of a junk motor vehicle, an unlicensed motor vehicle or vehicle not in operating condition, or a licensed but unused vehicle having been stored on private property for more than ten days, he or she shall cause a written notice to be served, either hand delivered or by regular mail, upon the owner, lessee, agent or tenant having charge of such land, notifying him or her that such motor vehicle has been placed on such property, describing the motor vehicle and ordering it to be removed within ten days after service of such notice. If the owner or other person having charge of such property is a nonresident whose address is known, such notice shall be sent to his or her address by certified mail. If the address of such owner is unknown, it shall be sufficient to post the notice on the property. The notice shall specify that a hearing on an appeal of the order to remove the vehicle may be had by making a written request for a hearing, delivered to the Director of Public Safety or his or her designee within five days of the service or posting of the notice. If the owner, lessee, agent or tenant having charge of such property responds or presents himself or herself before the Director of Public Safety for a hearing, the Director of Public Safety or his or her designee shall consider any appropriate objections and rule thereon. The Director of Public Safety or his or her designee may permit such person additional time to remove the vehicle(s), order the removal of the vehicle(s) by the City or reverse or modify the earlier finding, as may be appropriate. The order of the Director of Public Safety or his or her designee shall be final. The Chief of Police shall cause the vehicle to be removed from the property after the later of the ten-day time period stated herein or the time necessary to hold a hearing, if a hearing is properly requested.
(g) After a vehicle has been impounded, the Chief of Police shall cause a search of the records of the Bureau of Motor Vehicles of the State to be made to determine the owner or lienholder of such vehicle and shall send a notice to the owner or lienholder at his or her last known address by registered mail, with return receipt requested. The notice shall state the motor vehicle will be declared a nuisance and disposed of if it is not claimed within ten days from the date of delivery receipt of the notice. The owner or lienholder of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage and upon presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle.
(h) If the owner or lienholder makes no claim to the motor vehicle within ten days of the date of delivery receipt of the notice, and if the vehicle is to be disposed of at public auction as provided in Ohio R.C. 4513.62, the Chief of Police shall file with the Clerk of Courts of the county in which the place of storage is located an affidavit showing compliance with the requirements of this section. Upon presentation of the affidavit, the Clerk of Courts shall, without charge, issue a certificate of title, free and clear of all liens and encumbrances to the Chief of Police. If the vehicle is to be disposed of to a motor vehicle salvage dealer or other facility, as provided in Ohio R.C. 4513.62, the Chief of Police shall execute, in triplicate, 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. The Chief of Police shall retain the original of the affidavit for his or her records and shall furnish two copies to the motor vehicle salvage dealer or other facility. Upon presentation of a copy of the affidavit by the motor vehicle salvage dealer or other facility, the Clerk of Courts shall issue to such dealer or facility a certificate of title, free and clear of all liens and encumbrances.
(i) Whenever the motor vehicle salvage dealer or other facility receives an affidavit for the disposal of a motor vehicle as provided in this section, such dealer or facility shall not be required to obtain an Ohio Certificate of Title to the motor vehicle in his or her own name if, within ten days of receipt of the affidavit, the vehicle is dismantled or destroyed and both copies of the affidavit are delivered to the Clerk of Courts.
(j) In the case of vehicles not to be disposed of as provided in Ohio R.C. 4513.63, if an owner and/or lienholder fails to claim a motor vehicle from an impounding area of the City within 90 days after notice, then such motor vehicle may be advertised for sale as unclaimed property by the City and sold to the highest bidder at public auction, as provided in Ohio R.C. 737.32. Any amount received in excess of compensation paid to the City for the expense of removal, storage, impounding and advertising for the sale, shall be paid to the owner of any such vehicle, upon his or her demand, after showing proper identification and proof of ownership. Otherwise, such excess amount shall be paid into the General Fund of the City, subject to further order of Council.
(k) The remedy provided in divisions (f) through (j) of this section is in addition to the penalty provided in division (l) of this section.
(l) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense. For a subsequent offense within one year of the first offense, such person is guilty of a misdemeanor of the fourth degree.
(Ord. 60-2009. Passed 7-13-09; Ord. 75-2019. Passed 7-1-19.)