(a) Definitions. For purposes of this Section the following words and phrases shall have the following meanings:
(1) "Inoperable Equipment" means any apparatus, tractor, construction equipment, or excavation equipment, the condition of which is wrecked, dismantled and/or partially dismantled whereby it is incapable of operation and/or use under its own power; from which the wheels, tracks, engine, transmission and/or any other substantial parts thereof have been removed.
(2) "Inoperable Motor Vehicle" means a motor vehicle the condition of which is wrecked, dismantled and/or partially dismantled whereby it is incapable of operation and/or use under its own power; from which the wheels, engine, transmission and/or any other substantial part thereof has been removed; and/or upon which there is not affixed valid evidence of current registration as required by applicable laws of the State;
(3) "Motor Vehicle" shall have the same meaning set forth in Chapter 301 of the Codified Ordinances or any successor thereof or amendment thereto.
(b) Location or presence of inoperable motor vehicles or inoperable equipment within the City deemed a public nuisance; notice; exceptions.
(1) No person in charge or in control of any property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall park, store, leave or permit the parking or storage of any inoperable equipment, motor vehicle or any vehicle in a wrecked, junked, partially dismantled, unlicensed, inoperative or abandoned condition, on such property longer than five (5) days, after written notice is served, in any manner provided by the Ohio Rules of Civil Procedure for service of Summons in Civil Actions, to remove the inoperable equipment, vehicle or motor vehicle from the property. A copy of the notice shall be left at the premises where the equipment or vehicle is located, if the surrounding facts and circumstances make it practical to do so. The accumulation of one or more inoperable pieces of equipment or inoperable motor vehicles in violation of the provisions of this section shall constitute a public nuisance detrimental to the public health, safety and welfare of the residents of the City.
(c) Notice to Remove. Whenever there are reasonable grounds to believe that a violation of the provisions of this section exists, the Chief of Police, his designee and/or the Zoning Inspector shall serve or cause to be served as provided above, a written notice to the registered owner of any motor vehicle which is in violation of this section, or to the owner or person in lawful possession or control of the property on which the equipment or motor vehicle is located, that the inoperable equipment or motor vehicle must be removed to a place of lawful storage, or be housed in a building where it will not be visible from the street. The notice shall contain the following information.
(1) The equipment or motor vehicle is considered inoperable;
(2) The equipment or motor vehicle shall be removed from the property within five (5) days of receipt of the notice;
(3) The person in charge or control of the private property upon which the equipment or motor vehicle is located, or the registered owner of the vehicle may avoid fines and costs by removing the equipment or motor vehicle from the City or storing such equipment or vehicle in accordance with this section;
(4) The date, and address and telephone number of the city representative to contact for information. The fact that inoperable equipment or an inoperable motor vehicle is left on property for more than five (5) days after receipt of the notice provided for in this section is prima facie evidence of willful failure to comply with the notice, and each subsequent period of five (5) days that the inoperable equipment or motor vehicle continues to be so left constitutes a separate offense, provided that a separate notice under subsection (c) hereof has been issued for each offense.
(d) Whoever violates any provision of this section is guilty of a minor misdemeanor on a first offense. If the offender previously has been convicted of or plead guilty to one violation of this section, then whoever violates this section is guilty of a misdemeanor of the fourth degree. (Ord. 37-22. Passed 12-13-22.)