[Code 1985 § 17-51; Code 2005 § 106-611]
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:
Any vehicle, which is wrecked, dismantled, partially dismantled,
inoperative, deteriorated, decayed, lacks necessary repairs or maintenance,
abandoned or discarded.
Any person, firm, or corporation having a legal or equitable
interest in the property, including an officer, guardian, executor,
administrator, mortgagee in possession, managing or leasing agent
of such person, firm, or corporation.
Any real property which is not public property.
Real property which is dedicated to the public use and over
which the federal, state or municipal government or any political
subdivision thereof exercises control and dominion.
A device in, upon, or by which any person or property is
or may be transported or drawn upon a highway, except devices designed
to be moved by human power or used exclusively upon stationary rails
or tracks, the term shall include, but not be limited to, automobiles,
buses, motorbikes, motorcycles, motor scooters, trucks, tractors,
go-carts, golf carts, boats and trailers.
[Code 1985 § 17-52; Code 2005 § 106-612]
A.
It shall be unlawful for any person to park, store, leave, or permit
the parking, storing, or leaving of any vehicle of any kind which
is in an abandoned, wrecked, dismantled, inoperative, rusted, junked,
or partially dismantled condition whether attended or not, upon any
private property within the City for a period of time in excess of
72 hours. The presence of an abandoned, wrecked, dismantled, inoperative,
rusted, junked or partially dismantled vehicle or parts thereof on
private or public property is hereby declared a public nuisance which
may be abated as such in accordance with the provisions of this article.
B.
The provisions of Subsection A of this section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a lawful business enterprise, which is properly operated in the appropriate business zone pursuant to the zoning ordinance or any vehicle retained by the owner for antique collection purposes in a storage place maintained in a lawful place and manner.
[Code 1985 § 17-53; Code 2005 § 106-613]
The owner of a junk vehicle and the owner and/or the occupant
of the private property on which a junk vehicle is located shall be
responsible for its removal. In the event of removal and disposition
by the City or its designee, the owner of the vehicle and the owner
and/or the occupant of the private property where the vehicle is located
shall be liable for the expenses incurred.
[Code 1985 § 17-55; Code 2005 § 106-614]
A.
The City Manager or designee shall give notice of removal to the
owner of the private property where a nuisance is located. At least
10 days' notice shall be given to the owner of the property by
mail at the address shown by the current year's tax rolls in
the county treasurer's office before the City takes action. It
shall constitute sufficient notice, when at the time of mailing of
the notice to the property owner, the City shall obtain a receipt
of mailing from the postal service, which receipt shall indicate the
date of mailing and the name and address of the mailee and a copy
of the notice is posted in a conspicuous place upon the private property
upon which the vehicle is located.
B.
The notice shall contain the request for removal within the time
specified in this article, and the notice shall advise that, upon
failure to comply with the notice to remove, the City shall prosecute
a criminal complaint for failure to abate the nuisance and/or shall
undertake such removal with the cost to be levied against the owner
of the vehicle and the owner and/or occupant of the property.
[Code 1985 § 17-56; Code 2005 § 106-615]
A.
Persons to whom the notices are directed pursuant to the provisions
of this article, or their duly authorized agent, may file a written
request for hearing before the City Manager or the designee within
the ten-day period of compliance for the purpose of defending the
charges by the City.
B.
The hearing shall be held as soon as practicable after the filing
of the request and the person to whom the notices are directed shall
be advised of the time and place of such hearing. At any such hearing,
the City and the person to whom the notices have been directed may
introduce such witnesses and evidence as either party deems necessary.
[Code 1985 § 17-57; Code 2005 § 106-616]
If the violation described in the notice served pursuant to
this article has not been remedied within the ten-day period of compliance,
or in the event that a notice requesting a hearing is timely filed,
a hearing had, and the existence of the violation is affirmed by the
City Manager or the designee, the City Manager or the designee shall
continue to prosecute criminal charges on a daily basis for failure
to abate the nuisance and/or shall have the right to take possession
of the junked vehicle and remove it from the premises. It shall be
unlawful for any person to interfere, hinder, or to refuse to allow
such person or persons to enter upon private property for the purpose
of removing a vehicle under the provisions of this article.
[Code 1985 § 17-54; Code 2005 § 106-617]
Within 48 hours of the removal of a vehicle pursuant to this
article, the City Manager or the designee shall give notice to the
registered owner of the vehicle, if known, and also to the owner or
occupant of the private property from which the vehicle was removed,
that such vehicle has been impounded and stored for violation of this
article. The notice shall give the location where the vehicle is stored,
and the proper procedure for redeeming such vehicle, including cost
of redemption.
[Code 1985 § 17-58; Code 2005 § 106-618]
Upon removing a vehicle under the provisions of this article,
the City shall after 10 days cause it to be appraised. If the vehicle
is appraised at $75 or less, the City Manager, or the designee, shall
execute an affidavit so attesting and describing the vehicle, including
the license plates, if any, and stating the location and appraised
value of the vehicle. After complying with the above, the City may
summarily dispose of the vehicle and execute a certificate of sale.
If the vehicle is appraised at over $75, notice of public sale shall
be given not less than 10 days before the date of the proposed sale.
[Code 1985 § 17-59; Code 2005 § 106-619]
The owner of any vehicle seized under the provisions of this
article may redeem such vehicle at any time after its removal but
prior to the sale or destruction thereof upon proof of ownership and
payment to the City Clerk of such sum as may be determined and fixed
as the actual and reasonable expenses of removal, preliminary sales
expenses, plus storage.
[Code 2005 § 106-620]
Upon the failure of the owner or occupant of property from which
abandoned vehicles have been removed by the City to pay the expense
incurred in such removal, within 30 days of billing by the City, the
City may proceed by civil action or other remedy provided by law to
collect such expenses.
[Code 2005 § 106-621]
In addition to the procedures for removal of vehicles, any person
who shall violate any of the provisions hereof shall, upon conviction,
be deemed guilty of an offense against the City. Each act in violation
of any of the provisions hereof shall constitute a separate offense
and may be chargeable as such. Each day's continued violation
of any of the provisions hereof shall constitute a separate offense
and may be chargeable as such.
