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(A) No person in charge or in control of any real property within the municipality, whether as an owner, tenant, occupant, lessee, or otherwise shall allow any junk or inoperable vehicle to remain on the property within their control longer than 168 hours after the receipt of a written notice from the Chief of Police or his or her designee instructing that person to remove the junk or inoperable vehicle from the property. This section shall not apply to a vehicle stored in an enclosed building or at the place of business of a commercial garage, repair shop, used car dealer or junk yard that is operated in a lawful manner.
(B) Notice required under division (A) of this section shall be deemed to be adequate if the Chief of Police or his or her designee causes that notice to be affixed to the vehicle or upon the door of any residence located on the property where the junk or inoperable vehicle is found and delivering the notice in person, by certified mail or by leaving the notice affixed to the door and mailing a copy of the same to the owner of the real estate or the tenant occupying the real estate where the junk or inoperable vehicle is found.
(C) The notice described in division (B) of this section shall include the following:
(1) The date and time that the notice is served;
(2) A description of the junk or inoperable vehicle;
(3) The license plate number on the motor vehicle, if any;
(4) The identity of the owner or person in charge of the real property upon which the junk or inoperable vehicle is located;
(5) A statement that the junk or inoperable vehicle is being kept in violation of Chapter 97 of the Code of Ordinances of the city;
(6) That the person responsible for the junk or inoperable vehicle has 168 hours after the date and time noted in division (C)(1) above in order to remove the junk or inoperable vehicle;
(7) A statement indicating that failure to remove the junk or inoperable vehicle from the property within 168 hours of the date and time set out in the notice, will serve as prima facia evidence of a willful failure to comply and that the person to whom the notice is directed could be subject to penalties provided by this chapter; and
(8) A copy of this chapter should be attached to the notice.
(D) If the person to whom the notice is directed contends that the vehicle, boat, trailer, or semitrailer is operable and not junk, that person or his or her designee should take the vehicle, boat, trailer, or semitrailer, to the Police Department for inspection in compliance with the inspection laws of the state. If this is done within 168 hours of the time of the notice, this shall be deemed to be prima facia evidence that the vehicle, boat, trailer, or semitrailer, in question is not a junk or inoperable vehicle.
(E) For purposes of this section, if the 168 hours granted ends after 5:00 p.m. on Friday and before noon the following Monday, the time shall be extended to 5:00 p.m. that Monday. If it ends on a legal holiday, the time shall be extended 24 hours following the conclusion of the legal holiday.
(Ord. 2006-03, passed 12-18-06; Am. Ord. 2022-10, passed 9-12-22) Penalty, see § 97.99
(A) The Chief of Police or his or her designee may impound an abandoned vehicle or one that has been deemed to be junk or inoperable under § 97.03. The vehicle shall remain impounded until lawfully claimed or disposed of in accordance with IC 9-22-1-5 et seq.
(B) The Chief of Police or his or her designee may also impound a vehicle that is junk or inoperable or has been abandoned, upon complaint of an owner of a repair garage or place of storage for a vehicle when the vehicle has been left for longer than that agreed upon by the owner of the repair garage or place of storage, his or her agent or employee and the owner or operator of the vehicle. Before taking possession of the vehicle, the Chief of Police or his or her designee shall give a 168 hour notice to the owner of the vehicle of his or her intention to impound the vehicle at the end of the 168 hours, if it is not lawfully removed from the repair garage or other place of storage.
(C) The Chief of Police shall designate a place of storage for vehicles impounded under this section.
(D) The owner of a motor vehicle impounded under this section may reclaim it upon payment of any expenses or charges incurred in its removal and storage and upon presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle.
(E) If the motor vehicle remains unclaimed by the owner for a period of 30 days, the motor vehicle may be disposed of in accordance with the procedures established by state law.
(Ord. 2006-03, passed 12-18-06) Penalty, see § 97.99
There shall be no business allowed within the city limits that trades in parts or stores junk or inoperable vehicles on its premises, otherwise known as a junkyard.
(Ord. 2006-03, passed 12-18-06) Penalty, see § 97.99
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