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Any time not earlier than the eleventh day after notice has been served, if a hearing has not been requested, or if a hearing is requested, any time not earlier than the eleventh day after an order requiring the removal of such junked vehicle has been issued, then the City Prosecutor may, if such nuisance has not been abated, file a complaint concerning the public nuisance in the Municipal Court to have it abated. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. After consideration of the facts, the court may order the junked vehicle or part of portions thereof, which was the subject of the notice to a storage area designated by the city. If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicles description, vehicle identification number and license plate number. The vehicle or part thereof shall be stored in such area for a period of not less than ten days, during which period any party owning or claiming any right, title or interest therein, shall be entitled to claim possession of same by payment to the city of the actual cost of the city in abating such nuisance.
(Ord. 2006-02, passed 7-18-2006)
(A) (1) When a junked vehicle has been removed to a scrap yard, demolisher or any suitable site operated by the city for processing as scrap or salvage under § 92.03 of this chapter, the Code Enforcement Officer shall cause the junked vehicle or part thereof to be disposed of by removal to a scrap yard or by sale to a demolisher for the highest bid or offer. The fee shall be used to reimburse the city for the cost of removal and storage and demolition of this section shall follow the notification procedures provided by §§ 92.02 and 92.03 of this chapter; except that, custody of the vehicle shall remain with the garage keeper until after compliance with the notification requirements.
(2) A fee of $5 shall accompany the report of the garage keeper to the Police Department. The $5 fee shall be retained by the Police Department receiving the report and used to defray the cost of notification or other cost incurred in the disposition of an abandoned motor vehicle.
(B) An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by §§ 92.02 and 92.03 of this chapter shall be taken into custody by the Police Department and used for Police Department purposes as provided by § 92.04 of this chapter or sold in the manner provided by § 92.07(A) of this chapter. The proceeds of a sale under this division (B) shall first be applied to the garage keeper’s charges for servicing, storage and repair, but as compensation for the expense incurred by the Police Department in placing the vehicle in custody and the expense of auction, the Police Department shall retain 2% of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10. If the gross proceeds are less than $10, the Department shall retain the $10 to defray expenses of custody and auction.
(C) Except for the termination or limitation of claim for storage for failure to report an abandoned motor vehicle, nothing in this chapter may be construed to impair any lien of a garage keeper under the laws of the state.
(Ord. 2006-02, passed 7-18-2006)
(A) A junked vehicle that is located in a place where it is visible from a public place or public right-of-way is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards, constitutes a public nuisance creating a hazard to the health and safely of minors and is detrimental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing developments of the city, and is a public nuisance.
(B) A person commits an offense if that person maintains a public nuisance as determined under this chapter.
(Ord. 2006-02, passed 7-18-2006) Penalty, see § 92.99
(A) The procedures for abatement and removal of a junked vehicle or apart of a junked vehicle or apart of a junked vehicle as a public nuisance, from private property, public property or public rights-of- way are as follows.
(1) For a nuisance on private property, the Code Enforcement Officer for the city shall send a notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten days and that a request for a hearing must be made before the expiration of the ten-day period. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record and the owner or occupant of the private premises on which the public nuisance exists. If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date nor earlier than the eleventh day after the date of the return.
(2) For a nuisance on public property, the Code Enforcement Officer for the city shall send a notice stating the nature of the public nuisance so public property and vehicles may enter private property for the purposes specified in the procedures to examine a vehicle or vehicle part, obtain information as to the identity of the vehicle and remove or cause the removal of a vehicle or vehicle part that constitutes a nuisance.
(B) The Municipal Court may issue orders necessary to enforce the procedures set out in this section.
(Ord. 2006-02, passed 7-18-2006)
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