(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
JUNK MOTOR VEHICLE.
(a) Any motor vehicle which meets any three of the following requirements:
1. Is three years old or older;
2. Is extensively damaged, such damage including, but not limited to, any of the following: missing wheels, tires, motor or transmission;
3. Does not comply with all safety laws and equipment provisions for motor vehicles as found in Chapter 74 of this code:
4. Has a fair market value of $800 or less; and/or
5. Is not running and not operable;
OPERABLE meaning able to be started and driven under its own power.
(b) A
JUNK MOTOR VEHICLE left in the open is declared a nuisance and shall be abated in accordance with the provisions of this section by being towed at the owner’s expense unless the vehicle is placed behind a solid fence of no less than six feet in height so as to not permit the junk motor vehicle to be viewed from adjacent property, nor from a street or alleyway.
MOTOR VEHICLE. Shall be defined as in § 70.01.
(B) Location or presence of junk motor vehicle within the city deemed public nuisance; exceptions.
(1) The location or presence of any junk motor 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, her or their junk motor 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, her or their own real property.
(2) This section shall not apply to vehicles stored inside a garage or any other lawful storage area not within public view; nor shall this section apply to junk motor vehicles stored for no more than ten days in a licensed towing service facility, in a licensed motor vehicle salvage facility, in a licensed scrap processing yard, in a licensed auto repair garage yard, in a licensed paint spray shop yard, in a licensed gasoline station yard or in a licensed vehicle dealership yard.
(C) Removal of vehicles; service.
(1) Whenever such a public nuisance exists, the Director of Public Safety and Service, 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 14 days after service of such notice and order, or same will be removed by the Director of Public Safety and Service;
(d) A statement that removal of the vehicle must be to a location permitted by division (C)(2) below;
(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 and Service within 14 days after service of such notice and order.
(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 of 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 and Service 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 or she shall cause a copy of the notice and order to be posted on such premises.
(3) Should the record owner of property, within 14 days after receipt of the Director’s notice and order, notify the Director that the inoperable vehicle is either an abandoned vehicle or an abandoned junk motor vehicle which has been left on his or her property without permission of the person having the right to possession of the property and requests removal thereof, the Director of Public Safety shall cause the removal of such vehicle pursuant to 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 and Service shall, at the expiration of the 14-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 Director of the Law or his or her designee within five days of the property owner’s request.
(D) Penalty. Whoever violates this section is guilty of a misdemeanor of the third degree.
(2003 Code, § 95.06) (Ord. 3148, passed 5-2-1996; Ord. 3522, passed 9-18-2003)