CHAPTER 696
Junk Motor Vehicles
696.01   Purposes.
696.02   Declaration of nuisance.
696.03   Definitions.
696.04   Applicability.
696.05   Vehicles not considered junk motor vehicles.
696.06   Prohibited parking.
696.07   Junk motor vehicles, storage regulations.
696.08   Removal of junk vehicles from private premises, public premises and street rights-of- way.
696.09   Authorized City official.
696.99   Penalty.
   CROSS REFERENCES
   Health and sanitation generally - see Mich. Const., Art. 4, Sec. 51; M.C.L.A. Secs. 325.1 et seq., 327.1 et seq.
   Authority of Council re public health and safety - see CHTR. Sec. 5.1
   Health Officer - see CHTR. Sec. 4.6; ADM. Ch. 252
   Nuisance abatement - see GEN. OFF. 678.05
   Littering - see GEN. OFF. Ch. 694
   Refuse and trash - see S.U.P. Ch. 1082
696.01   PURPOSES.
   (a)   Vehicles which are or hereafter dismantled, partially dismantled, wrecked or inoperative, in places other than junkyards or other appropriate areas tend to interfere with the enjoyment of property, reduce the value of property, create fire hazards, extend and aggravate urban blight and result in hazard to the public health, safety, comfort, convenience, welfare and happiness of residents of the City. It is the purpose of this chapter to alleviate and correct such conditions and thereby enhance the public health, safety, comfort, convenience, and welfare of the residents of the City.
   (b)   Furthermore, the purpose of this subsection is to restrict the outdoor storage, parking or unreasonable accumulation of junk, unused, dismantled (partial/complete) of nonoperating motor vehicles upon premises primarily used or zoned for any type of purpose within the City; to thereby avoid injury and hazards to children and others; the devaluation of property values; and the nesting of rodents and bees.
(Ord. 315. Passed 6-21-11.)
696.02   DECLARATION OF NUISANCE.
   The presence of junk vehicles as prohibited herein is declared to be a hazard to public health, sanitation, safety and welfare, and a public nuisance.
(Ord. 315. Passed 6-21-11.)
696.03   DEFINITIONS.
   As used to this chapter, the following terms shall have the meanings prescribed in this section:
   (a)   “Authorized City official” means the Chief of Police or person designated by the City Council.
   (b)   “Front yard” means a space including all the area bounded by the side lot lines, whether they are parallel or not, the front lot line drawn parallel to the front lot line through that point on the principal building nearest the front lot line. (See Exhibits “A” and “B” to Ord. 315, passed 6-21-11.)
   (c)   “Interested person” means a person who has tangible interest in the property due to an ownership interest in the vehicle or property. “Interested person” also include tenants who are renting property.
   (d)   “Junk motor vehicle” means:
      (1)   Any motor vehicle assembled or not, which is incapable of being self-propelled or which does not meet the requirements for operation upon the public streets. This includes, but is not limited to motor vehicles, which are wrecked, inoperable, junked, partially or completely dismantled and any parts thereof which make the vehicle incapable of moving backward and forward which includes, but is not limited to:
         A.   Vehicle has one (1) missing tire; or
         B.   Vehicle has two (2) flat tires if an automobile and one (1) if it is a motorcycle or anything similar to it; or
         C.   Vehicle has a missing door; or
         D.   Vehicle has missing windows; or
         E.   Is used for storage of materials; or
         F.   Creates a fire hazard; or
         G.   Constitutes an attractive nuisance as being a hazard to the health and safety of children; or
         H.   Tends to be a refuge or collector of water for disease spreading insects or vermin.
      (2)   The absence of a current license plate or registration shall be prima facie evidence that a vehicle is inoperable.
   (e)   “Motor vehicle” means any vehicle, which is self- propelled and designed to travel along the ground and shall include, but not be limited to, automobiles, buses, motorbikes, motorcycles, motor scooters, trucks, tractors, go-carts, golf carts, snowmobiles and race cars.
   (f)   “Occupant” means any person, living, sleeping, cooking or eating in, or having actual possession of a dwelling unit or rooming unit.
   (g)   “Owner” means the person listed on either the City Assessor’s card as the property owner or the person who is the registered owner of the vehicle.
   (h)   “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
   (i)   “Private premises” means any premises owned by a private person or private entity and any portion of a street right-of-way immediately adjoining such premises which separates such premises from a roadway.
   (j)   “Public premises” means any premises, including but not limited to, streets and alleys, owned by, in possession of, or under the control of, the United States of America, the State of Michigan, County of Shiawassee, or City of Perry, or any agency or political subdivision of any said governments.
   (k)   “Race car” means any motor vehicle designed for or modified for use on racetracks.
   (l)   “Rear yard” means a space including all the area bounded by the side lot lines, whether they are parallel or not, the rear lot line and a line drawn parallel to the rear lot line, through that point on the principal building nearest the rear lot line, but excluding any portion of the lot that would be included in the street side yard. (Exhibits “A” and “B” to Ord. 315, passed 6-21-11.)
   (m)   “Seasonal vehicle” means any operative vehicle normally licensed for only one part of the year.
   (n)   “Street side yard” means a space including all the area bounded by the front yard, the rear lot line, the street side lot line, and a line drawn parallel to the street through that point on the principal building nearest the street lot line. (Exhibits “A” and “B” to Ord. 315, passed 6-21-11.)
(Ord. 315. Passed 6-21-11.)
696.04   APPLICABILITY.
   The provisions of this chapter shall apply to the owner of the motor vehicle or the person having chain of custody, or control of the motor vehicle and also the owner of the private premises on which the motor vehicle or a part thereof is located, and both persons shall be responsible for the removal thereof.
(Ord. 315. Passed 6-21-11.)
696.05   VEHICLES NOT CONSIDERED JUNK MOTOR VEHICLES.
   (a)   This section is inapplicable to a motor vehicle or part thereof in an enclosed building: a vehicle on the premises of a business enterprise operated in a lawful place and manner, when necessary to the operation of a business enterprise; or a vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the City. Excepted vehicles also include those kept as the stock in trade of a regularly licensed and established new or used automobile dealer or other motorized vehicle and vehicles located upon the premises of a licensed and established motor vehicle repair garage.
   (b)   The other exempt vehicles include:
      (1)   An operative seasonal vehicle;
      (2)   An operative unlicensed vehicle, temporarily stored while the owner is temporarily absent from the premises because of school attendance, in the military or confined to a hospital or other similar institution, such as a nursing home;
      (3)   An operative race car.
(Ord. 315. Passed 6-21-11.)
696.06   PROHIBITED PARKING.
   No person shall park, store, leave, or permit the parking, storing or leaving, of any junk motor vehicle, whether attended or not, upon any public or private property or a street right-of-way within the City. The presence of a junk motor vehicle, or parts thereof, on private or public property or the street right-of-way is hereby declared a public nuisance.
(Ord. 315. Passed 6-21-11.)
696.07   JUNK MOTOR VEHICLES, STORAGE REGULATIONS.
   (a)   It shall be unlawful for any person to store, or to permit the storage or accumulation of junk vehicles on any private property in the City except within a completely enclosed building or upon the premises of a properly zoned or legally operating, licensed or approved junk dealer, junk buyer, dealer in used auto parts, dealer in secondhand goods or junk, operator of an automobile repair garage and/or automobile wrecker business.
   (b)   Further, no person shall park, store, or place upon the public right-of-way, public property, private property, or between the sidewalk and curb within the City, any motor vehicle, house trailer, or tractor trailer or new or used parts or junk therefrom, unless the same is wholly contained within a fully enclosed building and does not violate any zoning or housing laws of the City, County, or State, except for the following:
      (1)   Duly licensed and operable vehicles or trailers with substantially all main component parts attached;
      (2)   Vehicles or trailers that are temporarily inoperable, because of minor mechanical failure, but which are not, in any manner, dismantled and have substantially all main component parts attached, which may remain upon such private property not to exceed five (5) days unless authorized by the City;
      (3)   A vehicle which is in fully operating condition such as a stock car or modified car that has been redesigned or reconstructed for a purpose other than that for which it was manufactured, provided no building or garage is located upon the premises in which the same could be parked or stored. In no event shall any such vehicle be parked in the front or street side yard area of any such residential premises.
   (c)   The storage of inoperative, dismantled, wrecked, unlicensed vehicles and vehicles without tags located within the City is expressly prohibited by this chapter unless contained within a garage, licensed junkyard or a licensed storage facility which does not violate the zoning regulations. Inoperable, wrecked or partially dismantled motor vehicles may remain upon private premises for a period not exceeding five (5) days, if the owner is obtaining a license, repairing the vehicle or is about to have it repaired unless authorized by the City.
   (d)   Tires or parts of motor vehicles being removed, replaced, or installed by the occupant working on his own vehicle on the premises may be reasonably stored in an orderly manner on the premises for a period not exceeding five (5) days unless authorized by the City. Parts or tires to be discarded shall be removed immediately.
   (e)   The presence of any inoperable, wrecked, or partially dismantled vehicle, or parts or tires of motor vehicles, on any premises contrary to this section is hereby declared to be a public nuisance.
   (f)   A junk motor vehicle shall not be located outdoors for more than five (5) days on vacant property or on property with a residential or commercial structure unless authorized by the City.
(Ord. 315. Passed 6-21-11.)
696.08   REMOVAL OF JUNK VEHICLES FROM PRIVATE PREMISES, PUBLIC PREMISES AND STREET RIGHTS-OF-WAY.
   (a)   Whenever an authorized City official finds junk motor vehicles on private premises, public premises or the street right-of-way within the City is in violation of this chapter, the authorized City official shall cause a notice to be placed upon the vehicle in substantially the following form:
      “NOTICE TO THE OWNERS AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, to-wit: (description of property) located at (description of property) is deemed a junk motor vehicle. A junk motor vehicle is defined (but is not limited to), partially dismantled vehicle(s), missing vehicle parts, wrecked or inoperative vehicle(s), flat tire(s), used for storage or absence of a current license plate, (shall be prima facie evidence that a vehicle is a junk motor vehicle), which is deemed improperly stored in violation of Perry City Code. The described junk motor vehicle must be removed within five (5) days from the date of this Notice, or a hearing requested in writing, within that time period at the Perry City Hall to show cause why the junk motor vehicle should not be removed. If the property is not removed and an administrative hearing is not requested within the five-day (5) period, the vehicle(s) shall be deemed a junk motor vehicle(s) and shall be removed by the City of Perry or its authorized agents and a municipal civil infraction may also be issued by the City of Perry to the owner of the vehicle(s); and costs for removal of the vehicle(s); shall be assessed against the owner of the premises.”
   (b)   Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the authorized City official shall mail a copy of the notice to the owner of the real property upon which the junk vehicle is located, as shown by the records of the City Assessor, on or before the date of posting of such notice and to the owner of the junk motor vehicles, if ownership can be reasonably ascertained.
   (c)   If at the end of five (5) days after posting such notice, the owner or any person claiming an interest in the junk motor vehicle(s) described in such notice has not complied with the notice and removed the junk motor vehicle, the authorized City official may issue a municipal civil infraction. If a court hearing is held and the court determines the owner has violated the chapter and issues an order, the order shall state that if the person places the junk motor vehicle in the same location, a show cause hearing shall be held to determine if injunctive relief, specifically, no parking of the junk motor vehicle in the same location, shall be issued.
   (d)   Further, within five (5) days from the posting of such notice, the owner of the private premises or a person claiming an interest in personal property can request a formal hearing by providing written notice to the Perry City Hall. Afterward, the Mayor shall appoint a hearings officer to conduct a public hearing in order for the person requesting the hearing to show cause why he or she should not remove the property or that the City shall not dispose of the junk motor vehicle.
   (e)   The hearings officer shall make a decision with a written findings of fact based upon competent evidence and testimony determining whether storage of the property in question is prohibited by the Perry City Code. If the hearings officer determines the storage of the property in question is prohibited, the officer shall order the person requesting the hearing within a reasonable time but not less than five (5) days to remove the junk motor vehicle(s). If the property in question is not removed within the period allowed in the order, the authorized City official issuing the notice may cause the junk motor vehicle to be removed and costs for removal of the vehicle(s) will be assessed against the owner(s) of the premises.
(Ord. 315. Passed 6-21-11.)
696.09   AUTHORIZED CITY OFFICIAL.
   The Ordinance Enforcement Officer, Chief of Police, and/or the City Council's designee(s), are hereby designated as the authorized City official(s), to issue municipal civil infraction citations or municipal civil infraction violations notices as provided by this code.
(Ord. 315. Passed 6-21-11; Ord. 359. Passed 11-4-21.)
696.99   PENALTY.
   (EDITORS NOTE: See Section 202.99 for general Code penalty if no specific penalty is provided.)
(Ord. 315. Passed 6-21-11; Ord. 359. Passed 11-4-21.)