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Editor's Note — Ord. no. 3521 §§3 — 4, adopted December 12, 2006, repealed article II "abandoned property", §§215.030 — 215.160 and article III "vegetation", §§215.170 — 215.200 in their entirety and enacted the new provisions set out in articles II through VIII of this chapter. Former articles II and III derived from CC 1985 §§23-16 — 23-19; comp. ord. §§14.04(1) — 14.04(3); ord. no. 3175 §1, 9-13-2001.
[Ord. No. 3521 §3, 12-14-2006]
The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:
ABANDONED PROPERTY
Any unattended motor vehicle or unlicensed motor vehicle, trailer, all-terrain vehicle, outboard motor or vessel removed or subject to removal from public or private property as provided in this Article, whether or not operational. For any vehicle towed from the scene of an accident at the request of law enforcement and not retrieved by the vehicle's owner within five (5) days of the accident, the agency requesting the tow shall be required to write an abandoned property report or a criminal inquiry and inspection report.
DAMAGED OR DISABLED VEHICLE
Any vehicle that is not registered or is improperly registered with the State or that has been inoperable for more than forty-eight (48) hours or is in such a state of disrepair as to be inoperable, except those on the premises of a duly licensed automobile repair or sales business or in a duly licensed automobile junk yard.
INOPERABLE VEHICLE
Any vehicle which is not capable of moving under its own power at its designed speed. Inoperable vehicles shall include those with defective engines or motors, deflated tires, body damage such that the vehicle may not run under its own power or any other malfunction, disrepair or damage which prevents the normal use of the vehicle.
JUNK
Any metal, glass, paper, rags, wood, machinery parts, cloth or other waste or discarded material of any nature or substance whatsoever or scrap or salvage materials.
PERSON
Any natural person, corporation or other legal entity.
PROPERTY
Any real property within the City or any City property within or without the corporate limits which is not a street or highway.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a public road or State highway, including any roadway.
TOWING COMPANY
Any person or entity which tows, removes or stores abandoned property.
VEHICLE
Any machine propelled by power other than human power designed to travel along the ground by use of wheels, treads, runners or slides including, but not limited to, automobiles, trucks, trailers, motorcycles, tractors, buggies and wagons or any part of a vehicle.
[Ord. No. 3521 §3, 12-14-2006]
Any damaged or disabled or inoperable vehicle, part of a vehicle or junk located on any property, street or highway that presents a hazard to children or harbors tall grass, weeds or other vegetation or creates a fire hazard or affords a breeding place or nesting place for mosquitoes, flies, rodents, rats or other vermin or vectors or any vehicle, part of a vehicle or junk allowed to remain unmoved on any street or highway for forty-eight (48) hours is declared to be a public nuisance and it shall be unlawful for any person to create or maintain the nuisance defined and declared in this Section.
[Ord. No. 3521 §3, 12-14-2006]
Whenever the Chief of Police or duly authorized representative of either the Chief of Police or the Board of Aldermen determines that any vehicle or junk is a nuisance, such Chief of Police or duly authorized representative shall cause written notice to be served upon the owner of the vehicle or junk, if the owner can be located, or upon the person in custody of such vehicle or junk by registered or certified mail or by personal service. The notice shall state that the vehicle or junk is deemed to be a nuisance within the provisions of this Article and shall briefly state facts deemed to constitute such vehicle or junk a nuisance within the terms of this Article and state and require that the nuisance shall be abated with seven (7) days from receipt of such notice.
[Ord. No. 3521 §3, 12-14-2006]
When the owner or custodian of any nuisance as defined in this Article cannot be located by reasonable search, the notice shall be attached to the vehicle or junk, briefly stating facts deemed to constitute such vehicle or junk a nuisance and, if the vehicle is on private property, stating and requiring that the nuisance shall be abated within seven (7) days of the date notice was posted or if the vehicle is on public property, within two (2) days of the date notice was posted.
[Ord. No. 3521 §3, 12-14-2006]
Any person receiving the notice provided for in this Article shall comply with the provisions of the notice requiring abatement. Failure to comply with such provisions shall be unlawful.
[Ord. No. 3521 §3, 12-14-2006]
If not removed within the times specified in the notice pursuant to this Article, the vehicle or junk constituting the nuisance shall be transported to a storage area by or at the direction of the Chief of Police or duly authorized representative of either the Chief of Police or the Board of Aldermen at the expense of the owner or custodian of the vehicle or junk. The vehicle or junk shall then be stored for a period of at least ninety (90) days and the person entitled to possession may redeem the vehicle or junk at any time during that period by payment to the City of the actual cost of removal and a reasonable storage fee. If the vehicle or junk is unredeemed after the expiration of the ninety (90) day period, the Chief of Police or authorized representative of the Board of Aldermen may sell the vehicle or junk to the highest bidder or, if the vehicle or junk has no sale value, may otherwise dispose of such vehicle or junk. Any money received from disposal of any vehicle or junk shall be applied to the expense charged to the owner or custodian of the vehicle or junk.
[Ord. No. 3521 §3, 12-14-2006]
A. 
Prior to the sale of any such vehicle or junk pursuant to this Article, the Chief of Police or authorized representative of the Board of Aldermen shall cause to be posted in City Hall, the place of storage and at least one (1) other public place in the City a notice of sale stating:
1. 
The City is selling abandoned property;
2. 
In the case of a vehicle, the color, make, year, model, motor number and serial number, if available, the license plate or registration number and the State of issuance, if available, and other information necessary for an accurate identification of the property;
3. 
The terms of the sale; and
4. 
The date, time and place of the sale.
B. 
The foregoing notice shall be published not less than ten (10) days and no more than thirty (30) days prior to the date of the sale.
[Ord. No. 3521 §3, 12-14-2006]
At reasonable times, the Chief of Police or duly authorized representative of the Chief of Police or of the Board of Aldermen may enter upon private property for inspection for or for the purpose of determining the existence of a nuisance as defined in this Article. If any person refuses to allow entry onto private property, the Chief of Police or authorized representative of Chief of Police or of the Board of Aldermen, as applicable, may obtain an administrative search warrant from the Municipal Court in accordance with the provisions of this Code and shall proceed in accordance therewith.
[Ord. No. 3521 §3, 12-14-2006]
Upon failure of the owner or occupant of the property on which vehicles or junk has been removed by the City to pay the unrecovered expenses incurred by the City in such removal, a lien shall be placed upon the owner or occupant's property for the amount of such expenses.