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(a) No person, being the owner, lessee, or bailee of the motor vehicle or the owner, lessee, agent or tenant having charge of any lots and lands within the Municipality, shall park, store or leave, or permit to be parked, stored or left uncovered in the open upon such lots or lands an "unlicensed or out-of-repair vehicle."
(b) For purposes of this chapter, the term "unlicensed or out-of-repair vehicle" means:
(1) Any motor vehicle meeting the definition of "junk motor vehicle" set forth in Section 303.10 (any motor vehicle meeting the requirements of Ohio R.C. 4513.63(B) to (E) that is left uncovered in the open on private property more than 72 hours with the permission of the person having the right to the possession of the property); or
(2) Any motor vehicle required to display license plates not having current year license plates or having illegal plates left for a period of more than 15 days unless completely enclosed in a building or garage; or
(3) Any motor vehicle so damaged or out of repair so as to render it incapable of being moved under its own power left for a period of more than 15 days unless completely enclosed in a building or garage; or
(4) Any other vehicle or contrivance meant to be propelled by power other than human power, designed to travel along the ground by use of wheels, treads, runners or slides, and to transport persons or property or pull machinery including, but not limited to, trailers, tractors and campers that is incapable of being moved if propelled by appropriate power or used for its intended purpose because of extensive damage including, but not limited to missing wheels, tires, treads, runners or slides, left for a period of more than 15 days unless completely enclosed in a building or garage.
(Ord. 113-94. Passed 12-27-94.)
(a) When the Chief of Police ascertains that an "unlicensed or out-of-repair vehicle" is parked, stored, or left uncovered in the open upon lots and lands within the Municipality, he shall cause written notice and demand to be served upon the owner, lessee or bailee of the motor vehicle or owner, lessee, agent or tenant having charge of such lots or lands that such vehicle shall be licensed, repaired, covered by being housed in a garage or other suitable structure, or removed from the premises within 10 days after service of notice. If the owner or other person having charge of the lands is a nonresident whose address is known, the notice shall be sent to this address by certified mail. If the address of the owner is unknown, it shall be sufficient to publish notice once in a newspaper of general circulation in Cuyahoga County. Any police officer of the Municipality may make service and return of the notice provided for in this section.
(b) The 10 day period as prescribed herein shall be deemed to commence from the day of the service or the date of publication, if any.
(c) If the person notified fails to license, repair, cover or remove such motor vehicle within the time prescribed by this section, the City shall remove or cause to be removed such motor vehicle and dispose of the same according to Ohio R.C. 4513.61 and 4513.62. All expenses and costs of removal and/or disposal shall be charged against the owner of such motor vehicle or the owner of the lots or lands upon which such motor vehicle is parked, stored or left in the open, or both, and shall be in addition to any fine, cost or penalty for which the owner, lessee or bailee of such motor vehicle or the owner or other person having charge of such lots or lands may have become liable.
(Ord. 113-94. Passed 12-27-94.)
(a) This chapter shall not apply to any collector's vehicle as defined in Ohio R.C. 4501.01(F) on private property with the permission of the person having the right to possession of the property that is concealed in accordance with Section 303.10(b) of this Traffic Code. This section shall also not apply to persons operating a junk yard or scrap metal processing facility licensed under authority of Ohio R.C. 4737.05 to 4737.12, or regulated under authority of the Municipality; or if the property on which the motor vehicle is left is not subject to licensure or regulation by any governmental authority, unless that person having the right to the possession of the property can establish that the motor vehicle is part of a bona fide commercial operation.
(b) This chapter is intended to be a remedy in addition to the other provisions as to vehicles contained in the Traffic Code. Nothing contained in this chapter shall invalidate the provisions of Section 303.08 as to impoundment of vehicles including, but not limited to, "abandoned junk motor vehicles", Section 303.081 as to impoundment of vehicles left on private residential or agricultural property without permission, Section 303.082 as to "Private Tow-Away Zones", Section 303.083 as to release of vehicles, records and charges, Section 303.09 as to junk and other motor vehicles left on private or public property without permission or notification, Section 303.10 as to leaving junk motor vehicles on private property with permission of the owner, Section 303.11 as to storage and towing charges and impoundment of motor vehicles in connection with the public peace, health, safety and welfare of the City in enforcement of its ordinances and the laws of the State, and Section 351.16 as to parking and storage of out-of-repair and unlicensed motor vehicles in residential districts. This section shall allow junk motor vehicles left on private property with permission of the owner under Section 303.10 and out-of-repair and unlicensed vehicles parked or stored in residential districts for more than 15 days under Section 351.16 to be removed according to the procedures set forth in this chapter.
(Ord. 113-94. Passed 12-27-94.)
In addition to the other remedies set forth in this chapter, whoever violates any of the provisions of this chapter is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 113-94. Passed 12-27-94.)