[Code 1964, § 17-1; L.L. No. 1-1965, § 1]
Abandoned, junked, discarded, dismantled and unlicensed motor
vehicles or motorcycles in and upon real property within the city
affect the public interest and constitute a public nuisance in that
health, fire and safety hazards are created and that, consequently,
such motor vehicles and motorcycles are subject to the supervision
and control of the city for the purpose of safeguarding the public
health, safety and general welfare of the citizens of the city.
[Code 1964, § 17-2; L.L. No. 1-1965, § 4]
Any person violating any of the provisions of this article shall be guilty of an offense and shall be punished as provided in section 1-1-7.
[Code 1964, § 17-3; L.L. No. 1-1965, § 2]
It shall be unlawful for any person, either as owner, lessee,
occupant or otherwise, to store or deposit or cause or permit to be
stored or deposited any abandoned, junked, discarded, dismantled or
unlicensed motor vehicle or motorcycle in or upon any real property
within the corporate limits of the city.
[Code 1964, § 17-4; L.L. No. 1-1965, § 3]
Nothing in this article shall be construed to prohibit the parking,
storage or depositing of a junked, dismantled or unlicensed motor
vehicle or motorcycle in or upon the real property of a private commercial
garage or in or upon the real property of a commercially operated
junkyard if the junkyard is fenced pursuant to the ordinances of the
city pertaining to fencing. This exclusion clause permits the storage
or depositing of junked, dismantled or unlicensed motor vehicles or
motorcycles only in areas where the zoning chapter permits such depositing
or storage.
[Code 1964, § 17-5; L.L. No. 1-1965, § 5; Ord. No. 56, 5-1-2002]
(a)
The department of public safety in conjunction with the department
of codes enforcement, shall serve or cause to be served written notice,
either personally or by registered mail, return receipt, of violation
of this article upon the owner, lessee or occupant of any premises
directing that the owner, lessee or occupant comply with the provisions
of this article within five days of the personal service or mailing
of the notice. If the owner, lessee or occupant of the premises is
absent from the city or is a nonresident of the city, the department
of public safety shall mail or cause to be mailed by registered mail,
return receipt, the written notice to the owner, lessee or occupant,
at the last known address as the address may appear upon the latest
city assessment roll. If the person upon whom the notice has been
served fails, neglects or refuses to comply with the provisions of
the notice within five days after personal service or registered mailing,
the department of public safety shall cause the abandoned, junked,
discarded, dismantled or unlicensed motor vehicle or motorcycle to
be impounded and sold at public auction on 10 days' notice published
at least three times in the official newspaper of the city. If there
are no bidders at the public auction, the motor vehicle or motorcycle
shall be destroyed as the department of public safety may see fit,
and the total cost of the destruction shall be certified to the assessor
of the city and shall be assessed upon the premises upon which the
abandoned, junked, discarded, dismantled or unlicensed motor vehicle
or motorcycle was found, and the assessment shall constitute a lien
and charge on the lot or parcel of land on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the manner provided by law for collection of delinquent taxes.
(b)
If the department of public safety at any time determines that the
motor vehicle or motorcycle is stolen, it shall be turned over to
its rightful owner or to the authorities of the political subdivision
from which it was stolen if the authorities wish to remove it from
the city.
