(a) The imposition of the penalties herein prescribed shall not preclude the Utica Police Department or the Office of the Village Administrator of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(b) Abatement Procedure for Non-motor Vehicle Nuisance:
(1) The Village Administrator shall direct the necessary machinery and labor to perform the required task.
(2) Expenses incurred shall, when approved by Council, be paid out of the money in the Treasury not otherwise appropriated.
(c) Abatement Procedure for Motor Vehicle Nuisanace:
(1) Upon information that a Final Notice involving a motor vehicle nuisance has not been complied with, the Utica Police Department or the Office of the Village Administrator will remove or direct the removal of the motor vehicle for purposes of impounding the motor vehicle.
(2) Whenever the Utica Police Department or the Office of the Village Administrator impounds a motor vehicle, as authorized herein, the Utica Police Department or the Office of the Village Administrator shall, in a timely manner, give or cause to be given notice in writing to the registered owner of the fact of such impoundment and the reasons therefore and the place to which the vehicle has been removed. The Utica Police Department or the Office of the Village Administrator may request the assistance from the Utica Police Department.
(3) Any person desiring to redeem an impounded vehicle shall appear at the police offices to furnish satisfactory evidence of identity and ownership or right to possession. Prior to issuance of a release form, the claimant, owner or operator shall either pay the amount due for any fines for violations on account of which such vehicle was impounded or, as the court may require, post a bond in an amount set by the court, to appear to answer to such violations. The pound operator shall release such vehicle upon the receipt of the release form and payment of all towing and storage charges.
(4) No owner or operator shall remove an impounded vehicle from the place of storage without complying with the above procedure. Possession of a vehicle which has been impounded and unlawfully taken from the place of storage, by the owner or operator, shall constitute prima-facie evidence that it was so removed by the owner or operator.
(5) Removal and Storage Charges: The owner of a motor vehicle that is ordered into storage that is removed under authority of Chapter 1325
may reclaim it upon payment of any expenses or charges incurred in its removal, in an amount not to exceed ninety dollars ($90.00), and storage, in an amount not to exceed twelve dollars ($12.00) per twenty-four hour period; except that the charge for towing shall not exceed one hundred fifty dollars ($150.00), and the storage charge shall not exceed twenty dollars ($20.00 per twenty-four hour period, if the vehicle has a manufacturer's gross vehicle weight rating in excess of 10,000 pounds and is a truck, bus or a combination of a commercial tractor and trailer or semitrailer. Presentation of proof of ownership, which may be evidenced by a certificate of title to the motor vehicle or vehicle also shall be required for reclamation of the vehicle. If a motor vehicle that is ordered into storage remains unclaimed by the owner for thirty days, the procedures established by Ohio R. C. 4513.61 and 4513.62 shall apply.
(6) Records: The Chief of Police shall maintain a record of motor vehicles that the Chief orders into storage and of vehicles removed from private property in the Chief's jurisdiction that is established as a private tow-away zone of which the Chief has received notice under Section 303.082
. The record shall include an entry for each such motor vehicle or vehicle that identifies the motor vehicle's or vehicle's license number, make, model and color, the location from which it was removed, the date and time of its removal, the telephone number of the person from whom it may be recovered, and the address of the place to which it has been taken and from which it may be recovered. Any information in the record that pertains to a particular motor vehicle or vehicle shall be provided to any person who, either in person or pursuant to a telephone call, identifies self as the owner or operator of the motor vehicle or vehicle and requests information pertaining to its location.
(Ord. 16-022. Passed 8-15-16.)