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(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.)
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.)
(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.)
(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.)
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.)
(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.)