(A) General prohibition. Except as expressively provided by law, no person shall deposit, store, maintain, collect, or permit the deposit, storage, maintenance, or collection of junk vehicle on his or her premises or on any premises under his or her control unless such vehicle is stored out of ordinary public view by means of storage inside a completely enclosed building. No work on a motor vehicle shall be performed between the hours 9:00 p.m. and 7:00 a.m. and as required by all other laws. Further no sounds shall be louder than can be heard and or felt from 50 feet away. No person(s) shall be permitted to use any vehicles (including junk or abandoned) for storage purposes.
(B) Exemptions to general prohibitions. Businesses regulated by the provisions of § 92.20 are exempt from this section.
(C) First notice of violation.
(1) The enforcing officer shall send a first notice of violation, by regular U.S. mail, to the person(s) having the right possession of the premises on which a vehicle is located in violation of this section. Alternatively, the notice may be posted in prominent place on said premises or served personally.
(2) The first notice of violation shall identity the nature of the violation and shall state that the vehicle(s) in violation must be fully repaired, removed, or fully enclosed within15 days of the receipt or posting of the notice or the person(s) having the right to the possession of the premises shall be guilty of this section and subject to criminal penalties set forth in § 92.99(B).
(D) Second notice of violation.
(1) If the enforcing officer determines that the violation identified in the first notice of violation, as provided for in division (C) above, has not been fully remedied within 15 days, the enforcing officer shall send a second notice of violation, by regular U.S. mail, to the person(s) having the right of possession of the premises on which the vehicle is located in violation of this section. Alternatively, the notice may be posted in prominent place on said premises or served personally.
(2) The second notice of violation shall identify the nature of the violation and shall state that the person(s) having the right to the possession of the premises is in violation of this section and subject to the criminal penalties set forth in § 92.99(B). The notice shall further state that said person(s) is subject to prosecution and further legal action, if the vehicle(s) in violation is not fully repaired, removed, or fully enclosed within 15 days of the receipt or posting of the second notice of violation.
(3) After the expiration of the 15-day period provided for in division (D)(2) above, the enforcing officer may request that appropriate legal action be brought.
(E) Violations. The penalties for any person who violates this section shall be those penalties specified in § 92.99(B).
(F) Compliance with sate law. Nothing within this section shall be construed as impairing the town’s right to take appropriate action under any provision in the state laws.
(Ord. 2004-2, passed - -) Penalty, see § 92.99