[Amended 6-8-2022 by Ord. No. 2022-284; Ord. 2018-442 § 25; Ord. 2002-31 § 17]
"Vehicle" means any manner of conveyance designed to be propelled by force, but not human powered, along the ground, water or air, and including, but not limited to, automobiles, trucks, tractor trailers, motorcycles, trailers, wagons, tractors, watercraft, aircraft, and snowmobiles. A vehicle is a "nuisance vehicle" if it is upon public or private property, lawful junkyards or salvage yards excepted, not enclosed within a legal structure and exhibits at least one of the following characteristics:
A. 
Cannot be operated under its own power or is otherwise inoperable (in the case of a trailer the trailer is not attached to a fully-operational vehicle that can tow it that displays a current registration);
B. 
Has at least one tire that is not fully-operational unless designed to operate without the same;
C. 
Is unattended on jacks, blocks, or elevated in any other way which constitutes a threat to the public health, safety or welfare;
D. 
Has become a habitat for rats, mice, snakes, or other vermin or insects;
E. 
Lacks a fender, door, hood, steering wheel, trunk top, or the same is loosely attached;
F. 
Has an exposed and dangerous edge or protrusion;
G. 
Lacks current registration or does not display current registration, if registration is required for that category of vehicle. Current registration includes, but is not limited to, a license plate with a current sticker or a dealer sale sticker with valid date;
H. 
Leaks any flammable or hazardous fluid;
I. 
Has been partly or fully dismantled;
J. 
If upon public right-of-way, cannot be legally operated on the same;
K. 
In the case of a motor vehicle, cannot be legally operated on a public street or highway;
L. 
Largely functions as a solid waste container-lawfully operated solid waste or garbage trucks excluded;
M. 
Has a dangerous or defective condition that poses a threat to the public health or safety;
N. 
Has been found by the City to be in violation of the Davenport Municipal Code Chapters 8.14 or 10.76 on three occasions in a consecutive 12-month period. After twelve consecutive months of compliance with Chapters 8.14 and 10.76 such vehicle reverts back to its previous status of not being a nuisance vehicle. The City shall provide notice of this declaration in accordance with this chapter including a statement that the vehicle will now be subject to immediate towing if found in violation without any further notice and a statement that an appeal of this declaration may be filed pursuant to Chapter 2.86; or
O. 
Meets the definition of an "abandoned vehicle" under Section 10.76.010(A).
[Ord. 2018-442; Ord. 2006-264 § 8; Ord. 2002-31 § 18]
No nuisance vehicle shall remain upon public or private property for a period in excess of 24 hours. After a twenty-four-hour waiting period said vehicle is hereby declared to be a nuisance and may be immediately abated by the City. The police department, neighborhood services department or their respective designees shall give notice of the nuisance and request abatement to begin the twenty-four-hour waiting period in any one of the following ways:
A. 
By certified and regular mail addressed to the private property owner, if applicable, as shown by the Scott County Parcel query;
B. 
By certified and regular mail addressed to the last known address of the registered owner of the nuisance vehicle; or
C. 
By attaching a notice securely to the nuisance vehicle. Said notice shall state the nature of the violation, the abatement action to be taken to correct the violation, the date by which the abatement action must be taken, that failure to correct the violation will result in the vehicle being towed, that the costs of abatement action by the City will be assessed against the property (required only if the cost assessment is pursued), and that a hearing to contest the tow may be requested.
In the case of mailing notice shall be deemed given when mailed.
[Ord. 2006-264 § 9; Ord. 2002-31 § 19]
The police department or its designee may enforce the provisions of this article by having nuisance vehicles that violate this article removed from public or private property in accordance with the abatement notice. Any nuisance vehicle not reclaimed within 10 days of impoundment shall be deemed abandoned.
[Ord. 2006-264 § 10; Ord. 2002-31 § 20]
When a vehicle is impounded under the provisions of this article the police department shall keep the records specified in Section 10.76.070.
[Ord. No. 2006-264 § 11; Ord. 2002-31 § 21]
When a vehicle is impounded under this article the police department will provide the notice specified under Section 10.76.100. A towed vehicle may be redeemed with the police department by following the procedure set forth in Sections 10.76.090, 10.76.100 and 10.76.120. However, any reference to a hearing under 10.76.110 is not applicable.
[Ord. 2002-31 § 22]
When a nuisance vehicle presents a clear and immediate threat to the public safety or health, a peace officer or code official may declare such vehicle to be a nuisance and have it towed immediately away without prior notice and opportunity for hearing. The owner may appeal the amount of the abatement costs only at a hearing pursuant to Section 8.14.520.
[Ord. 2015-118 § 12; Ord. 2002-31 § 23; Ord. 94-293 §§ 5,6; Ord. 81-791 § 19]
The person(s) to whom the notice is directed, or that person's duly authorized agent, may file a request for hearing as provided in Section 2.86.020. If requested an appeal hearing shall be scheduled and held pursuant to Chapter 2.86. If timely appeal is not filed the notice shall be deemed to be conclusively presumed to be true and the City may proceed accordingly.