(A) For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
JUNK MOTOR VEHICLE. Any motor vehicle meeting all of the following requirements:
(a) Three years old, or older;
(b) Extensively damaged, such damage including, but not limited to, any of the following: a broken window or windshield; missing wheels; tires; motor; or transmission;
(c) Having a fair market value of $1,500 or less; and
(d) That is left uncovered in the open on private property for more than 72 hours with the permission of the person having the right to the possession of the property, except if the person is lawfully operating a properly zoned junkyard or scrap metal processing facility.
(B) The Chief of Police or his or her authorized representative may send notice, by certified mail with return receipt requested, to the owner of a junk motor vehicle and/or to the person having the right to the possession of the property on which a junk motor vehicle is left, that within 72 hours of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure, or shall be removed from the property.
(C) (1) The Chief of Police shall immediately cause a search to be made of the records of the Bureau of Motor Vehicles to ascertain the owner and any lienholder of a motor vehicle ordered into storage by the Chief, and, if known, shall send notice to the owner or lienholder at his or her last known address by certified mail with return receipt requested, that the motor vehicle shall be declared a nuisance and disposed of if not claimed within ten days of the date of mailing of the notice.
(2) The owner or lienholder of the motor vehicle may reclaim it upon payment of any expenses or charges incurred in its removal and storage and presentation of proof of ownership which may be evidenced by a certificate of title to the motor vehicle. Any junk motor vehicle unclaimed by its owner pursuant to this division (C) shall be considered an abandoned junk motor vehicle as defined in § 90.02 for all purposes of § 90.02.
(D) (1) No person shall willfully leave or permit a junk motor vehicle uncovered in the open for more than ten days after receipt of a notice as provided in this section.
(2) The fact that a junk motor vehicle is so left is prima facie evidence of a willful failure to comply with the notice, and each subsequent period of ten days that a junk motor vehicle continues to be so left constitutes a separate offense.
(Ord. 6-2016, passed 10-18-2016) Penalty, see § 90.99