(a) "Abandoned junk motor vehicle" means any motor vehicle meeting all of the following requirements:
(1) Has been left on private property for more than seventy-two (72) hours or left on a public street, public way, or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway, for more than forty-eight (48) hours;
(2) Is three (3) years old, or older;
(3) Is extensively damaged, including but not limited to any combination of the following types of damage: deflated, wrecked, or missing tires or rims; missing or wrecked body parts; broken or missing headlights, taillights or brake lights; broken, cracked or missing windows or windshields; missing all or part of the motor or transmission; missing or invalid license plate(s); or is otherwise apparently inoperable;
(4) Has a fair market value of one thousand five hundred dollars ($1,500.00) or less.
(b) In addition to the provisions of this section, the location or presence of any abandoned junk motor vehicle, as defined in subsection (a) hereof, on any public or private land or property, or public or private street, alley, or way within the City of Toledo is hereby deemed a public nuisance and is subject to summary abatement as provided in this section or any section of the Toledo Municipal Code or as provided under any relevant provision of the Ohio Revised Code.
(c) (1) Any motor vehicle which meets the requirements of subsection (a) hereof shall be deemed an abandoned junk motor vehicle if, after issuance and service of a written notice and order to remove such motor vehicle from the property, said owner fails or refuses to do so within seventy-two (72) hours from issuance of such notice and order where the motor vehicle is left on private property, or within forty-eight (48) hours from issuance of said notice and order where the motor vehicle is left on a public street, way or other property open to the public for purposes of vehicular travel or parking, or upon or within the right-of-way of any road or highway.
(2) The Director of the Department of Neighborhoods and the Chief of Police are hereby given authority to issue such written notice and order to remove the motor vehicle. The written notice shall describe with reasonable specificity the make or model, condition and location or address of the motor vehicle, state that it constitutes an abandoned junk motor vehicle and a public nuisance, the penalty for failure to abate a public nuisance, that the owner has the applicable time-period to remove it, as specified in subsection (c)(1) hereof, or he will be assessed the costs incurred by the City if the City has to remove it or cause its removal, and that the vehicle will thereafter be disposed of to a salvage dealer or scrap metal processing facility. Issuance and service of such written notice and order to remove the vehicle shall occur when placed conspicuously on the vehicle. Notice to the owner is deemed complete and effective when issued and served in accordance with this subsection.
(3) The Director of Neighborhoods or the Chief of Police shall order the motor vehicle towed or otherwise removed from the property or place where found, if such owner fails or refuses to remove the motor vehicle therefrom within the applicable time-period specified in subsection (c)(1) hereof, after issuance of the notice and order described in subsection (c)(2) hereof. Thereafter, such motor vehicle shall be treated as an abandoned junk motor vehicle and shall be deemed forfeited, to be disposed of as provided in subsection (d) hereof.
(4) For purposes of this section, the Director of the Department of Neighborhoods and the Chief of Police includes any subordinate employee, inspector, law enforcement officer, or traffic aide employed by the Department of Neighborhoods or the Department of Police Operations.
(d) (1) The Director of the Department of Neighborhoods or the Chief of Police shall order any abandoned junk motor vehicle to be photographed by any law enforcement officer, inspector or other employee of either. Such person shall record the make and model of the motor vehicle, the vehicle identification number when available, and shall also detail the damaged or missing parts or equipment to substantiate the value of one thousand five hundred dollars ($1,500.00) or less.
(2) The Director of the Department of Neighborhoods or the Chief of Police shall thereupon tow, remove, or cause to be removed such abandoned junk motor vehicle and shall immediately dispose of it to a motor vehicle salvage dealer as defined in Section 4738.01 of the Revised Code or a scrap metal processing facility as defined in Section 4737.05 of the Revised Code. Any monies accruing from the disposition of an abandoned junk motor vehicle that are in excess of the expenses incurred by the City for towing, removal or storage of the vehicle shall be credited to the General Fund of the City of Toledo.
(e) Notwithstanding Section 521.09 of the Toledo Municipal Code, any motor vehicle meeting the requirements of subsections (a)(3) and (a)(4) hereof which has remained unclaimed for more than ten (10) days by the owner, lessee, or lienholder following the notification provided for in Section 521.09(c)(1) of the Toledo Municipal Code may be disposed of as provided in subsection (d) hereof.
(Ord. 699-99. Passed 9-14-99.)