The following definitions shall apply in the interpretation
and enforcement of this article:
1.
PERSON – Shall mean any person, firm, partnership, association,
corporation, company or organization of any kind.
2.
VEHICLE – Shall mean a machine propelled by power other than
human power designed to travel along the ground by use of wheels,
treads, runners, or slides and transport persons or property or pull
machinery and shall include, without limitation, automobiles, trucks,
trailers, motorcycles and tractors.
3.
STREET OR HIGHWAY – Shall mean the entire width between the
boundary lines of every way publicly maintained when any part thereof
is open to the use of the public for purposes of vehicular travel.
4.
JUNK MOTOR VEHICLE – Shall mean any motor vehicle, as defined
herein, which is wrecked, dismantled, inoperative, abandoned, or discarded.
5.
PRIVATE PROPERTY – Shall mean any real property which is not
public property.
6.
PUBLIC PROPERTY – Shall mean that property which is dedicated
to the public use and over which the Federal, State, or Municipal
governments or any political subdivision thereof exercises control
and dominion.
Any car, truck or other vehicle parked, left or abandoned in
violation of the provisions of this article shall be removed from
the place the same is illegally parked, left or abandoned, to an appropriate
place to be stored until claimed by owner or person having possession
thereof; that a charge shall be made, as authorized by state statutes,
for the removal of such car, truck or other vehicle and an additional
actual charge per day for storage until such time as all costs of
removal and storage have been paid.
1.
It shall be unlawful and an offense for any person to park, store,
leave, or permit the parking, storing, or leaving of any motor vehicle
of any kind which is in an abandoned, wrecked, dismantled, inoperative,
rusted, junked, or partially dismantled condition, whether attended
or not, upon any public or 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.
2.
The provisions of paragraph 1 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, and property operated in the appropriate
zone, pursuant to the zoning ordinance or to any motor vehicle in
operable condition specifically adopted or designed for operation
on drag strips or raceways or any vehicle retained by the owner for
antique collection purposes in a storage place maintained in a lawful
place and manner.
Whenever it comes to the attention of the city Building Official,
or his designee, that any nuisance, as defined by this article exists
in the city, a notice in writing shall be served upon the occupant
of the land where the nuisance exists, or in case there is no such
occupant, then upon the owner of the property or his agent, notifying
them of the existence of the nuisance and requesting its removal in
the time specified in this article.
[Amended 2-28-1991, Ordinance
1991-4]
Upon proper notice and opportunity to be heard, the owner of
the abandoned, wrecked, dismantled, or inoperative vehicle and the
owner or occupant of the private property on which the same is located,
either or all of them, shall be responsible therefor.
