(a) Definition. For purposes of this section, "inoperable vehicle" means motor vehicle or vehicle towed or propelled by a motor vehicle which meets one of the following requirements:
(1) It does not display a valid license plate; or
(2) It is wrecked, partially wrecked, dismantled, partially dismantled, discarded, or is incapable of being driven and has remained in such condition for a continuous period for fourteen days; or
(3) It otherwise is defined as a "junk motor vehicle" by Ohio R.C. 4513.63(B) through 4513.63(E).
(Ord. 140-1989. Passed 11-9-89.)
(Ord. 140-1989. Passed 11-9-89.)
(b) Location or Presence of Inoperable Vehicles Within the City Deemed Public Nuisance; Exceptions.
(1) The location or presence of any inoperable vehicle as defined herein, on any lot, tract, parcel of land or portion thereof within the City shall be deemed a public nuisance, and no person or persons shall cause or maintain such public nuisance by abandoning or discarding his or their inoperable vehicle or vehicles on the property of another or suffering, permitting or allowing the same to be placed, located, or maintained or to exist upon his or their own real property.
(2) This section shall not apply to:
A. Vehicles stored inside of a garage or other facility.
B. Vehicles stores at a licensed towing service facility, in a licensed motor vehicle salvage facility, in a licensed scrap processing yard, in a licensed vehicle dealership yard, not within the public view. Covering a vehicle with a tarp does not remove a vehicle from public view.
C. Vehicles stored for not more than thirty days at a licensed auto repair garage yard.
D. Unlicensed bona fide collector's vehicles, including historical vehicles, concealed from public view by means of a building, fence, vegetation or other suitable obstruction. Such vehicles shall not be parked closer than five feet to adjoining property boundaries.
1. For purposes of this section, "collector's vehicle" means any motor vehicle that is of special interest, that has a fair market value of one thousand dollars or more, and that is owned, operated, collected, preserved, restored, maintained or used essentially as a collector's item, leisure pursuit, or investment, but not as the owner's principal means of transportation.
2. For purposes of this section, "historical vehicle" means any motor vehicle that is over twenty-five years old and is owned solely as a collector's item, and for participation in club activities, exhibitions, tours, parades, and similar uses, but that in no event is used for general transportation.
(Ord. 26-2010. Passed 2-11-10.)
(c) Removal of Vehicles; Service.
(1) Whenever such a public nuisance exists, the Director of Public Safety or his designee, who shall administer this section, shall give notice to the owner of the real property whereon such public nuisance exists to abate or remove same. Such notice and order shall state:
A. The nature of the public nuisance;
B. A description of and location of the motor vehicle;
C. A statement that the motor vehicle must be removed from the premises within ten days after service of such notice and order, or same will be removed by the Director of Public Safety or his designee;
D. A statement that removal of the vehicle must be to a location permitted by subsection (b)(2) hereof;
E. A statement of the penalties provided for noncompliance;
F. A statement that the property owner will be assessed the cost incurred by the City in removing and storing the vehicle; and
G. A statement that any request for a hearing must be made to the Director of Public Safety, within ten days after service of such notice.
(2) Such notice and order shall be served upon the record owner of the property in question either personally or by leaving a copy at the usual place or residence or business of such owner, or address of such owner shown in the office of the County Treasurer, or by copy mailed to such owner at such place or address by U.S. certified mail, return receipt. If service of such written notice and order is unable to be perfected by any of the hereinbefore methods, then the Director of Public Safety or his designee shall cause such notice and order to be published in a newspaper of general circulation once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice and order to be left with the person, if any, in possession of such premises, or, if there is no person in possession thereof, he shall cause a copy of the notice and order to be posted on such premises.
(3) Should the record owner of property, within ten days after receipt of the Director's notice and order, notify the Director of Public Safety or his designee that the inoperable vehicle is either an abandoned vehicle or an abandoned junk motor vehicle which has been left on his property without permission of the person having the right to possession of the property and requests removal thereof, the Director of Public Safety or his designee shall cause the removal of such vehicle pursuant to Ohio R. C. 4513.60 or 4513.63 respectively.
(4) In the absence of a request for a hearing or compliance with the notice and order, the Director of Public Safety or his designee shall, at the expiration of the ten day period provided in the notice and order served upon the record owner of the property, remove such vehicle for the preservation of the life, health, comfort and safety of the public. If a hearing is requested by the property owner prior to the removal of the vehicle as a public nuisance, it is to be held before the Law Director or his designee within five days of the property owner's request.
(d) Right of Entry. The Director of Public Safety or his designee is 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 purpose and to remove any motor vehicle in accordance with the provisions of this section. Any person to whom notice was given pursuant to subsection (c) hereof, shall have the right to remove or house such motor vehicle in accordance with such notice at his own expense at any time prior to the arrival of the Safety Service Director or his designee for the purpose of removal.
(e) Written Return to County Auditor; Amount A Lien Upon Property. The Director or Public Safety or his designee shall make written return to the County Auditor of the action under subsection (c) with a statement of the charges for such services, the amount paid for labor, the fees of the officers serving such notices and a proper description of the premises. Such amounts, when allowed, shall be entered upon tax duplicate and be a lien upon such lands from and after the date of the entry and be collected as other taxes and returned to the City with the General Fund.
(f) Whoever violates subsection (b) hereof is guilty of a minor misdemeanor.
(g) Any person, corporation or other business organization who is the owner of real property whereon such public nuisance is alleged shall have a right to a hearing before the Director of Public Safety to determine whether there is clear and convincing evidence that such nuisance exists.
(Ord. 128-2006. Passed 11-9-06.)
(Ord. 128-2006. Passed 11-9-06.)