(a) Definitions. For the purpose of this section, the following definitions shall apply, unless the context clearly indicates or requires a different meaning.
(1) “Abandoned motor vehicle” means:
A. Any motor vehicle which is left on private property for more than forty-eight hours without the permission of the person having the right to the possession of the property.
B. Any motor vehicle which is left on public property for forty-eight hours or longer without permission of the Chief of Police of the City.
(2) “Junked motor vehicle” means:
A. Any unlicensed or improperly licensed motor vehicle located on private or public property, unless it is located in a completely enclosed building; or
B. Any motor vehicle meeting any two of the following criteria:
1. Three years old or older;
2. Disabling damage, such damage including, but not limited to, any of the following:
a. Missing or deflated tire;
b. Missing wheel;
c. Missing transmission;
d. Missing motor;
3. Inoperative.
(3) “Inoperative motor vehicle.” Any motor vehicle not moved for thirty consecutive days shall be presumed to be inoperative.
(4) “Motor vehicle” means any device, including major parts thereof, in, on, or by which any person or property is or may be transported, including devices used exclusively on stationary rails or tracks, and including devices designed to be pulled, drawn or towed by a motor vehicle, but not including devices moved by human or animal power.
(5) “Private property” means any real property within the City which is privately owned or operated.
(6) “Public property” means any public street, highway, alley, sidewalk, boulevard, bikeway, property open to the public for vehicular travel or parking, and any other property owned or operated by the City, and any right-of-way thereof.
(7) “Person” means any individual, firm, partnership, company, unincorporated association, or corporation.
(b) Storing, Parking or Leaving Junked or Abandoned Motor Vehicles Prohibited.
(1) No person shall store, park, or have any motor vehicle which is in a junked, abandoned, inoperative, dismantled or partially dismantled condition, whether attended or not, within the City, upon any public or private property, for a period of time of forty-eight hours or longer.
(2) The presence of a junked, abandoned, inoperative, dismantled or partially dismantled motor vehicle, on private or public property, is a public nuisance which may be abated in accordance with the provisions of this section.
(3) This section shall not apply to any motor vehicle on private property which is stored in conformity with City zoning laws or if the motor vehicle is a collector’s vehicle, as defined in Ohio R.C. 4501.01(F).
(4) No person shall be prevented from storing or keeping, or restricted in the method of storing or keeping, any collector’s vehicle on private property with the permission of the person having the right to the possession of the property, except that a person having such permission may be required to conceal, by means of buildings, fences, vegetation, terrain or other suitable obstruction, any unlicensed collector’s vehicle stored in the open.
(c) Disposition of Junked Vehicle.
(1) No person in charge or control of any private property within the City, whether as owner, tenant, occupant, lessee or otherwise, shall allow any junked, inoperative, dismantled or partially dismantled motor vehicle to remain on such property longer than seven days after notice is served, in any manner provided by the Ohio Rules of Civil Procedure for service of summons in civil actions, to remove the motor vehicle from such property. A copy of said notice shall also be conspicuously affixed to the motor vehicle if the surrounding facts and circumstances make it practicable to do so.
(2) If no person in charge or control of any such property can be found, notice to such persons may be published once in a daily newspaper for general circulation within the City. Such motor vehicle shall be removed by such person within seven days after publication.
(3) This section shall not apply with regard to any motor vehicle described in paragraph (b)(3) hereof.
(4) The person in charge or control of the private property upon which the motor vehicle is located, and the registered owner of the vehicle, shall have the duty to abate the nuisance by removing the vehicle from the premises.
(5) The notice required by this subsection shall contain the following information:
A. The motor vehicle is considered junked;
B. The motor vehicle will be removed seven days thereafter, impounded, and subsequently disposed of;
C. The person in charge or control of the private property upon which the motor vehicle is located, and the registered owner of the motor vehicle, will be held jointly and severally responsible for all costs incidental to the removal, storage and disposal;
D. The person in charge or control of the private property upon which the motor vehicle is located, and the registered owner of the motor vehicle, may avoid fines and costs by removing the motor vehicle from the City or by enclosing such vehicle in an appropriate structure;
E. The date and the address and telephone number of the City department to contact for information;
F. Any person to whom the notice is directed may file within the seven-day period of compliance, a written request for a hearing.
(6) The movement of a vehicle from private property to any public right-of-way, or to another location under circumstances constituting a violation of this chapter, shall not constitute compliance with a notice prescribed by this section.
(d) Request for Hearing. Any persons to whom notices are directed pursuant to subsection (c) hereof, or their duly authorized agents, may file a written request for a hearing before the City Manager, or his or her designee, within the seven-day period of compliance for the purpose of defending against the charges by the City.
(e) Procedure for Hearing. A hearing requested pursuant to subsection (d) hereof shall be held as soon as practicable after the filing of the request. Persons requesting a hearing shall be advised of the time and place of said hearing. The scope of said hearing shall be limited to the following issues:
(1) Whether the person requesting the hearing is in charge or control of the private property as charged; and
(2) Whether the motor vehicle is junked or inoperative as charged.
At any such hearing, the City, and the persons to whom notices have been directed, may introduce such witnesses and evidence as each party deems necessary. The City Manager, or his or her designee, shall then either affirm, reverse or modify the order.
(f) Impounding of Vehicles; Redemption.
(1) If a violation of subsection (c) hereof has not been remedied within the seven-day period of compliance, or in the event that a request for a hearing is filed as prescribed in subsection (d) hereof, a hearing is held and the existence of the violation is affirmed, the vehicle may be impounded.
(2) The impoundment and redemption of such vehicle shall follow the procedure set forth in Section 303.05 of these Codified Ordinances.
(3) The movement of a vehicle from private property to any public right-of-way, or to another location under circumstances constituting a violation of subsection (b) hereof, shall not remedy a violation of subsection (b) hereof, and a vehicle so moved remains subject to impoundment by police.
(Ord. A-1806. Passed 4-22-91; Ord. A-2256. Passed 7-23-01; Ord. A-2758. Passed 4-8-13.)