Editor's Note — Ord. no. 2004.10 §1, adopted June
14, 2004, repealed ch. 226 in its entirety and enacted the provisions
set out herein. Former ch. 226 derived from ord. no. 2003.30 §1,
11-10-2003.
[Ord. No. 2004.10 §1, 6-14-2004; Ord. No. 2015.14 §1, 6-8-2015]
For purposes of this Chapter, the following definitions shall
be applicable:
Any vehicle that has been inoperable for more than seventy-two
(72) hours.
Including, but not limited to, weed cuttings, cut, fallen,
or hazardous trees and shrubs, overgrown vegetation and noxious weeds
which are twelve (12) inches or more in height, rubbish and trash,
lumber not piled or stacked twelve (12) inches off the ground, rocks
or bricks, tin, steel, parts of derelict cars or trucks, residential
indoor furniture, appliances and/or plumbing fixtures, any flammable
or toxic material which may endanger public safety or any material
or condition which is unhealthy or unsafe.
Any metal, glass, paper, rags, wood, machinery parts, cloth
or other waste or discarded material of any nature or substance whatsoever,
or any scrap or salvage materials.
Any vehicle that is not currently licensed or registered
in compliance with Federal or State Statutes or regulations, or in
accordance with applicable municipal ordinances, so as to permit the
operation thereof within the City limits of Desloge.
Any machine propelled by power other than human power, designed
to travel upon or along the ground by means of wheel(s), tread(s)
or runner(s), including, but not limited to, automobiles, trucks,
trailers, motorcycles, tractors, buggies, wagons or any part thereof.
Notwithstanding the foregoing definitions, the following
shall be exempt from the provisions of this Chapter:
Any vehicle or junk which is completely enclosed within a locked
building;
Any vehicle within any locked fenced area which is not visible
from adjacent public or private property; and
Any vehicle situated upon the property of a business licensed
to engage in the sales, repair, towing or storage of such vehicles,
or to engage in the business of maintaining a vehicle salvage or junk
yard, so long as the business is operated in compliance with its business
license and the property is in compliance with applicable zoning ordinances;
and
Any damaged or disabled vehicle for which the owner maintains
a special permit under the provisions of this Chapter.
[Ord. No. 2004.10 §1, 6-14-2004; Ord. No. 2015.14 §1, 6-8-2015]
Any damaged or disabled vehicle; any unlicensed vehicle; any
part of an unlicensed, damaged or disabled vehicle; any junk which
harbors tall grass, weeds or other vegetation, creates a fire hazard
or affords a breeding place for mosquitoes, flies, rodents or other
vermin; any junk allowed to remain unmoved from any highway, street
or alley for a period of forty-eight (48) hours; debris; and any junk
which creates an attractive nuisance to children is hereby declared
to be a public nuisance subject to the provisions of this Chapter.
[Ord. No. 2004.10 §1, 6-14-2004]
It shall be unlawful for any person or entity to create or maintain
a public nuisance as defined in this Chapter.
[Ord. No. 2004.10 §1, 6-14-2004]
A.
Notice To Abate. Whenever the Chief of Police or his duly
authorized representative determines that any vehicle or junk is a
public nuisance as defined herein, he shall cause written notice to
be served upon the owner or custodian thereof, if such person or entity
can be identified and located, either by personal service or registered
mail. The notice shall describe the vehicle or junk deemed to be a
public nuisance, shall briefly state the facts supporting said determination,
shall state the date of service of such notice, and shall state that
the nuisance shall be abated within forty-eight (48) hours from service
of said notice.
B.
Notice Of Abatement When Owner Or Custodian Cannot Be Located. When the owner or custodian of any public nuisance as defined herein
cannot be located by reasonable search, the Chief of Police shall
cause written notice to be posted upon or attached to the property,
describing the vehicle or junk deemed to be a public nuisance, briefly
stating the facts supporting said determination, stating the date
of such notice, and stating that the nuisance shall be abated within
the following time period:
C.
Removal And Storage By City. In the event that the person
or entity responsible for creating or maintaining the public nuisance
shall not remove the items described in the written notice within
the time period specified therein, the Chief of Police or his duly
authorized representative shall cause the same to be transported to
a storage area and kept for a period of at least ninety (90) days.
D.
Expenses Of Abatement And Storage. The actual cost of removal
and reasonable costs of storage of such items shall be certified by
the Chief of Police to the City Collector who shall cause a bill to
be created therefor against the property to be collected by the Collector.
If the bill is and remains unpaid for a period of thirty (30) days,
the Collector shall have the option of adding said certified costs
to the annual real estate tax bill of the owner thereof or creating
a special tax bill in a manner so as to create a lien upon the property
until paid. Such tax bill, if not paid within thirty (30) days after
its issuance, shall bear interest at the rate of nine percent (9%)
per annum. From date of issuance, the tax bill shall also be deemed
a personal liability of the owner of the property.
E.
Redemption And Disposition Of Property. The owner of any
property removed and stored by the City shall, upon furnishing satisfactory
proof of ownership to the Chief of Police, be entitled to redeem the
same upon payment of costs of removal and reasonable costs of storage
thereof, provided that said claim be made within ninety (90) days
of removal by the City. If not redeemed at the expiration of said
ninety (90) day period, the Chief of Police shall cause the same to
be sold at public auction to the highest bidder, or if the Chief of
Police in his discretion deems the property to be of no value, he
may otherwise dispose of the same. Any money received from the sale
or disposal of such property shall be applied first toward the liability
of the owner therefor and any excess shall be returned to the owner,
if identified and located. If the owner cannot be identified and located,
any such excess shall, after an additional ninety (90) day period
following sale or disposition, be paid into the General Fund of the
City of Desloge.
F.
Notice Of Sale Or Disposition. Prior to the sale or disposition
of any property as provided herein, the Chief of Police shall cause
to be posted at the Desloge City Hall and at the place of storage
and upon at least one (1) other public place within the City of Desloge
a notice of sale stating:
G.
Emergency Procedures. When it reasonably appears that any
vehicle or junk situated upon any premises constitutes a public nuisance
as defined in this Chapter and shall pose an immediate danger to the
health, safety or welfare of any person, the Chief of Police may take
immediate emergency measures to remove or otherwise abate such nuisance,
without the necessity of delivering the notice to abate provided herein.
As soon as reasonably practicable after removal of said items, the
Chief of Police shall diligently attempt to notify the owner or custodian
thereof of the removal of such property and of the owner or custodian's
right to redeem such property in accordance with the provisions of
this Chapter.
H.
Right Of Entry Upon Private Property. It shall be unlawful
for any person to interfere with, hinder or refuse to allow the Chief
of Police or his duly authorized representative to enter upon private
property for the purpose of inspection or for the purpose of effecting
any steps to abate any public nuisance as defined herein.
[Ord. No. 2004.10 §1, 6-14-2004]
A.
Notwithstanding
any other provisions contained in this Chapter to the contrary, a
vehicle which is or may otherwise be deemed a public nuisance herein
shall be exempt from the provisions of this Chapter if the owner shall
secure a special permit in accordance with the following terms and
conditions:
1.
A special permit shall be issued only for vehicles for which the
owner is in the process of complete restoration or rebuilding.
2.
The owner of such vehicle must apply for and obtain said special
permit within forty-eight (48) hours after the Chief of Police has
issued the written notice to abate under the provisions of this Chapter.
3.
At the time of application, the owner must pay to the City Clerk
a fee in the amount of twenty-five dollars ($25.00) for each such
vehicle.
4.
The application must state the owner's name, current address, phone
number and a complete description of each vehicle for which a permit
is requested, including make, model and vehicle identification number
and the purposes for which the permit is sought (e.g., complete restoration
or rebuilding).
5.
Such permit shall be valid for a period of up to one (1) year from
date of issuance. Only one (1) permit shall be issued per property.
[Ord. No. 2018.04, 2-12-2018]
6.
The Chief of Police shall have the duty of follow-up investigation
to insure that the owner is exercising a bona fide, good faith effort
to restore or rebuild such vehicle with reasonable diligence. The
Chief of Police may, in his discretion, revoke the special permit
if he determines that the owner has failed to exercise such good faith
effort, in which event the Chief of Police shall issue written notice
of revocation to the owner, whereupon the owner shall abate the nuisance
within forty-eight (48) hours after delivery of such notice of revocation.
Upon issuance of notice of revocation, all other provisions of this
Chapter shall apply to such owner.
