For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABATEMENT. The removal, stoppage or destruction of that which causes or constitutes a nuisance, whether by breaking or pulling it down, or otherwise destroying, or removing it.
COMPONENT PART. Any identifiable part of a discarded, ruined, wrecked or dismantled vehicle, including, but not limited to, fenders, doors, hoods, engine blocks, motor parts, transmissions, frames, axles, wheels, tires and passenger compartment fixtures.
JUNK MOBILE HOME. A mobile home (as defined in M.C.A. § 15-24-201) which is wrecked, ruined, dismantled or abandoned and is no longer fit for human habitation, and includes any camper (as defined in M.C.A. § 61-1-101(6)(a)).
JUNK NON-MOTORIZED VEHICLE. An inoperative vehicle that is not constructed with a motor and that it is discarded, ruined, wrecked or dismantled.
JUNK VEHICLE. A motor vehicle, including component parts, which is discarded, ruined, wrecked or dismantled, and is not lawfully and validly licensed and remains inoperative or incapable of being driven. It includes a vehicle permanently registered by the state and which meets the criteria for a JUNK VEHICLE.
(See M.C.A. § 75-10-501.)
MOTOR VEHICLE WRECKING FACILITY.
(1) Means:
(a) A facility buying, selling or dealing in four or more vehicles a year, of a type required to be licensed, for the purpose of wrecking, dismantling, disassembling or substantially changing the form of the motor vehicle; or
(b) A facility that buys or sells component parts, in whole or in part, and deals in secondhand motor vehicle parts. (See M.C.A. § 75-10-501.)
(2) The term does not include a garage where wrecked or disabled motor vehicles are temporarily stored for a reasonable period of time for inspection, repairs or subsequent removal to a junkyard.
NAVIGABLE WATERWAY. Any lake, river, bay, stream, canal or basin.
NUISANCE. An activity or physical condition which is offensive to the senses or interferes with another person’s reasonable use and enjoyment of life or property.
OWNER. The owner of record or any person with legal, financial or equitable interest in the property on which the alleged public nuisance exists at the time of the violation.
PROPERTY. Any real property, premises, structure or location on which a public nuisance is alleged to exist.
PUBLIC NUISANCE.
(1) Means, but is not limited to, any fence, wall, shed, deck, house, garage, building, structure or any part of any of the aforesaid; or any tree, pole, smokestack; or any excavation, hole, pit, basement, cellar, sidewalk subspace, dock; or any lot, land, yard, premises or location which in its entirety, or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the City, in any one or more of the following particulars:
(a) By reason of being a menace, threat and/or hazard to the general health and safety of the community;
(b) By reason of being a fire hazard;
(c) By reason of being unsafe for occupancy, or use on, in, upon, about or around the aforesaid property; and
(d) By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such condition exists.
PUBLIC ROAD. Any publicly owned or maintained highway, street, road or alley.
PUBLIC VIEW. As used in this chapter, means any point six feet above the surface of the center of a public road from which a junk vehicle can be seen.
SAFE CONDITION. A condition not involving or likely to involve danger, harm or loss from fire and other hazards.
SHIELDING. The construction or use of fencing or constructed or natural barriers to conceal junk vehicles from public view.
SUMMARY ABATEMENT. Abatement of the nuisance by the City, or a contractor employed by the City, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this chapter.
VALID BUSINESS ENTERPRISE. A business with a license issued by the state or the City authorizing it to conduct business, and includes, but is not limited to, any garage or repair shop, towing facility or body shop.
(Ord. 374, passed 3-3-2020)