(A) Public property. If the abandoned or junk motor vehicle is on public property and is not disposed of within five days of receipt of notice as provided hereinafter from the city, the Chief of Police or his or her designee is authorized to remove and dispose of said vehicle. The owner of said vehicle shall be responsible for all costs including expenses for towing and storage.
(B) Private property. If the abandoned or junk motor vehicle is on private property and is not enclosed in a building; covered by a cover specifically designed for covering vehicles; shielded or disposed of within 30 days of receipt of notice as provided for herein, the Police Department shall commence an action to abate said nuisance. The owner of said vehicle shall be responsible for all costs, including expenses for towing and storage.
(1) Front and side yards. Disabled, wrecked or abandoned or junk vehicles shall not be permitted in a front yard or side yard. However, a reasonable time (not to exceed 14 days from the time of disability) shall be permitted for the removal or servicing of a temporarily disabled motor vehicle in any emergency caused by an accident or sudden breakdown of the vehicle.
(2) Permitted in enclosed structure or a rear yard. Storage, service, restoration and repair with a hobbyist permit, which is conducted within the confines of an enclosed structure or in a rear yard shall be permitted; provided that, such vehicle is the property of the owner or occupier of the lot and; provided that, the storage, service, restoration or repair is within a garage, or an enclosed area, or enclosed structure, or shielded as not to be visible from the public right-of-way or other private or public property.
(C) Notice. The Chief of Police or his or her designee shall make reasonable attempt to locale the owner of vehicle and/or lienholder. The address currently maintained by the Montana Department of Motor Vehicle Registration, or the equivalent agency in any other state or country, shall be deemed the address upon which notice shall be made. Any notice is deemed complete by deposit into the United States Postal Service of a return receipt requested mailing to said address.
(D) Consent. If the owner of the junk vehicle consents to said abatement, such person shall sign a written consent to abate the vehicle and provide to the Police Department a copy of the motor vehicle registration for said vehicle, if available, or a bill of sale. The signing of such consent shall in no way relieve the owner of paying the costs associated with the towing, disposal of said vehicle.
(E) Right to be heard. With respect to abandoned, wrecked, junked or dismantled vehicle on private property, the owner or occupant shall have the right to be heard before the City Council as specified in Title 5, Ch. 2, of this code of ordinances.
(F) Involuntary abatement. If the owner does not consent to said removal, then the Police Department shall pursue legal remedies through the City Court to abate the nuisances as specified in Title 5, Ch. 2, of this code of ordinances.
(1992 Code, § 8-1-318) (Ord. 2017-06, passed 9-5-2017)