(a) Purpose. In enacting this section, the City Commission finds and declares that the accumulation and storage of unlicenced, abandoned, wrecked, junked, partially dismantled or inoperative motor vehicles on private property, which motor vehicles are in the nature of rubbish and unsightly debris, violates regulations of the City and constitutes a nuisance detrimental to the health, safety and welfare of the community in that such conditions tend to interfere with the enjoyment of and reduce the value of private property, invite plundering, create fire hazards, and other safety and health hazards to minors as well as adults, interfere with the comfort and well-being of the public and create, extend and aggravate urban blight, and that the public health, safety and general welfare require that such conditions be regulated, abated and prohibited.
(b) Storage on Private Property.
(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 storing of any motor vehicle or any vehicle in a wrecked, junked, partially dismantled, unlicenced, inoperative or abandoned condition, whether attended or not, for a period in excess of five calendar days upon any private property in the City, unless the same is completely enclosed within a building, or unless it is in connection with a business enterprise operated in a lawful place and manner and licensed as such, when necessary to the operation of such business enterprise or is a collector’s vehicle pursuant to Ohio R.C. 4501.01(F).
(2) For the purpose of this section, a motor vehicle shall be deemed to be in a wrecked or junk condition if any of the following apply:
A. The vehicle is extremely damaged including but not limited to any of the following: missing wheels, tires, motors or transmissions.
B. The vehicle is apparently inoperable.
C. The vehicle is unlicenced.
D. The motor vehicle is inoperable, junk or wrecked as defined in Section 531.01.
(3) Whoever violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(c) Removal Required. The accumulation and storage of one or more such motor vehicles in violation of the provisions of this section shall constitute rubbish and unsightly debris, and shall constitute a nuisance, detrimental to the health, safety and general welfare of the inhabitants of the City. The registered owner of such motor vehicle, and the person in charge or control of the private property upon which such motor vehicle is located, whether as owner, tenant, occupant, lessee or otherwise shall remove the same to a place of lawful storage, or shall have the motor vehicle housed within a building where it will be visible from the street.
(d) Notice to Remove. Whenever there are reasonable grounds to believe that a violation of the provisions of this section exists, the Code Compliance Officer and/or Chief of Police shall give, or cause to be given, 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 such private property, by certified mail with return receipt or by personal service, that such motor vehicle is to be removed to a place of lawful storage or to be housed in a building where it will not be visible from the street.
(e) Removal by City. In addition to and not in lieu of any other procedure or penalty prescribed in this section, this chapter, or in the Traffic Code for removal of abandoned motor vehicles from private property, if the registered owner of any motor vehicle which is in violation of this section, or the owner or person in lawful possession or control of the private property upon which the same is located, fails, neglects or refuses to remove or house such abandoned, wrecked, junked, partially dismantled or inoperative motor vehicle in accordance with the notice given pursuant to the provisions of subsection (d) hereof, the Code Compliance Officer and/or the Chief of Police may remove and dispose of such motor vehicle.
(f) Right of Entry. The Code Compliance Officer and/or Chief of Police, any contracting agent of the City, and employee of such contracting agent, and authorized officer, employee and agent of the City, and each of them, are hereby expressly authorized to enter upon private property for the purpose of enforcing the provisions of this section. No person shall interfere, hinder or refuse to allow them to enter upon private property for such purposes and to remove any motor vehicle in accordance with the provisions of this section. Any person to whom notice was given pursuant to subsection (d) hereof shall have the right to remove or house such motor vehicle of the Code Compliance Officer and/or Chief of Police or his authorized representatives.
(Ord. 98-168. Passed 7-13-98; Ord. 03-072. Passed 3-10-03; Ord. 19-208. Passed 12-9-19.)