As used in this Chapter, the following terms shall have the
meanings set out herein:
ABANDONED PROPERTY
Any unattended, dismantled, partially dismantled 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 Chapter, 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.
PERSON
Any natural person, corporation or other legal entity.
RIGHT-OF-WAY
The entire width of land between the boundary lines of a
public road or State highway, including any roadway.
ROADWAY
That portion of a public road or State highway ordinarily
used for vehicular travel, exclusive of the berm or shoulder.
TOWING COMPANY
Any person or entity which tows, removes or stores abandoned
property.
No person shall abandon any motor vehicle or trailer on any
private real property owned by another without his/her consent.
[Ord. No. 11-04(217.030) §§1
— 2, 7-14-2011]
A. The open storage of inoperable or unlicensed vehicles or other vehicles
deemed by the City to constitute a public safety hazard is prohibited.
Nothing in this Section shall apply to a vehicle which is completely
enclosed within a locked building or locked fenced area and not visible
from adjacent public or private property, nor to any vehicle upon
the property of a business licensed as salvage, swap, junk dealer,
towing or storage facility so long as the business is operated in
compliance with its business license and the property is in compliance
with applicable zoning ordinances.
B. Before a citation may be issued or an information filed against the
owner or possessor of any property upon which an inoperable or unlicensed
vehicle, or any other vehicle constituting a public safety hazard,
is being stored, the City shall cause a written notice to be issued
to such owner or possessor generally advising the owner or possessor
of the content of this Section and the violation thereof by such owner
or possessor; and further advising such owner or possessor that he
has seven (7) days from the date of such notice to abate or correct
any violation of this Section. If any such owner or possessor fails
to so abate or correct any violation within seven (7) days of the
date of the notice, the City may thereafter initiate formal charges
against such owner or possessor without further notice. Notice of
any violation of this Section may be made by mailing a copy of such
notice by first class mail to the owner or possessor of the property
upon which the violation has taken place; or by personal delivery
of such notice to the owner or possessor of the property, or to any
other person over the age of fifteen (15) years who is occupying the
property; or by posting a copy of the notice on the front door of
the primary structure located on the property if mailing or personal
delivery of the notice is impossible or impractical for any reason.
The City shall have no duty to prove that actual receipt of the notice
was had by the owner or possessor. The City must only demonstrate
that delivery of the notice was accomplished in the manner provided
herein.