(A) Junk motor and/or recreational vehicle; public nuisance.
(1) The location or presence of any junk motor and/or recreational vehicle on any public or private land or property, or public or private street, alley, or way within the city is hereby deemed a public nuisance and shall be abated as provided for in this section or any other ordinance or law of the city or as provided under any relevant portion of the Ohio Revised Code.
(2) No person shall permit any junk motor and/or recreational vehicle to remain in the open on any public or private land or property, or public or private street, alley, or way within the city after receipt of a notice to remove such vehicle.
(B) Notice.
(1) The Chief Code Enforcement Officer, or his or her designee, and sworn members of the West Carrollton Police Department are hereby authorized to issue written notice and order junk motor and/or recreational vehicles removed.
(2) Such notice shall be provided in accordance with the requirements of §160.13 and served pursuant to §160.14. The notice shall further describe the vehicle to be removed with reasonable specificity, and (a) state that it constitutes a junk motor and/or recreational vehicle and a public nuisance, and (b) state that the owner has ten calendar days in which to either remove the vehicle or give written notice of a request for a hearing appealing the order as prescribed under Section 160.17.
(C) Conclusive presumption of junk motor and/or recreational vehicle as a public nuisance. If any recipient of a notice to remove a junk motor and/or recreational vehicle fails to abate the nuisance or fails to appeal the notice in writing to the Board of Zoning Appeals within ten calendar days after service of the notice, it shall be conclusively presumed to establish the junk motor and/or recreational vehicle has been abandoned and as a public nuisance and such vehicle may be removed immediately by the West Carrollton Police Department or their designee.
(D) Removal and disposal of junk motor and/or recreational vehicles.
(1) The West Carrollton Police Department or their designee shall order the junk motor and/or recreational vehicle towed or otherwise removed from the property or place where found, if such owner fails or refuses to remove the junk motor and/or recreational vehicle within the applicable time period after service of notice. Thereafter such junk motor and/or recreational vehicle shall be treated as abandoned and shall be deemed forfeited, to be disposed of in accordance with this section or any relevant portion of the Ohio Revised Code.
(2) Prior to being removed, the abandoned junk motor and/or recreational vehicle shall be photographed by the Chief Code Enforcement Officer, or his or her designee or the Police Chief, or their designee. Such person shall record the make and model of the vehicle; the vehicle identification number when available, and shall detail the damage or missing parts or equipment to substantiate the value of $1,500 or less.
(3) The Police Department shall thereupon tow, remove, or cause to be removed such abandoned junk motor and/or recreational vehicle and shall immediately dispose of it to a vehicle salvage dealer, as defined in R.C. §4738.01, or a scrap metal processing facility, as defined in R.C. §4737.05, or to any other facility under contract with the city for disposal of such vehicles. The records and photographs relating to the abandoned junk motor and/or recreational vehicle(s) shall be retained by the City Police Department for a period of at least two years. The junkyard, scrap metal processing facility, or towing service in possession of such vehicle shall execute in quadruplicate an affidavit, as prescribed by the registrar of motor vehicles, describing the subject vehicle and the manner in which it was disposed of, indicating that all requirements of this section have been complied with, and filing the same with the Clerk of Courts of Montgomery County, Ohio. The clerk shall retain the original of the affidavit for the files, furnish one copy thereof to the registrar, one copy to the junkyard or other facility handling the disposal of the vehicle, and one to the City of West Carrollton Police Department, who shall file such copy with the records and photograph(s) relating to the vehicle.
(4) Any monies arising from the disposal of a junk motor and/or recreational vehicle in excess of the expenses resulting from the removal of the vehicle shall be credited to the general fund of the city. The city assumes no liability for towing costs not recovered by the sale of such vehicle.
(E) Collector's vehicles. No person shall be prevented from storing or keeping, or restricted in the method of storing or keeping any collector's vehicle on private property with the permission of the person having the right to the possession of the property, except that a person having such permission shall be required to conceal such vehicle, by means of an enclosed building, garage, or other such suitable enclosure, any unlicensed collector's vehicle and providing such vehicle is stored in conformance with the rules and regulations of the City of West Carrollton Property Maintenance Code and the City of West Carrollton Zoning Code.
(Ord. 3674, passed 8-11-20)