Inoperable motor vehicles, whether located on public or private
property and in view of the general public, are declared to be a nuisance
for which the provisions and penalties hereof shall apply.
As used in this article, the following terms shall have the
meanings indicated:
Any motor vehicle from which, for a period of at least seven
days, the engine, wheels or other parts have been removed, or on which
the engine, wheels or other parts have been altered, damaged or otherwise
so treated that the vehicle is incapable of being driven under its
own motor power.
"Inoperable motor vehicle" shall not include:
A motor vehicle which has been rendered temporarily incapable
of being driven under its own motor power in order to perform ordinary
service or repair operations;
Any motor vehicle that is kept within a building when not in
use;
Operable historic vehicles over 25 years of age; or
A motor vehicle on the premises of a place of business engaged
in the wrecking or junking of motor vehicles.
[Amended 4-16-2007 by Ord. No. 2544]
A.
The City's Police Department is authorized to abate an inoperable
motor vehicle nuisance existing in the City, with or without prior
written notice to the person or entity causing or maintaining that
nuisance.
B.
If deemed appropriate by the City's Police Chief or his designee,
the City may, but shall not be required to, determine the registered
owner and/or party in lawful possession of the inoperable motor vehicle
and serve a written notice on that party, requiring them to abate
said nuisance and to remove and dispose of the inoperable motor vehicle
within a specified period of time and in such manner as the designated
authority shall require. It shall not be necessary for the designated
authority to specify in the notice the manner in which the inoperable
motor vehicle shall be disposed of, unless the designated authority
deems it advisable to do so.
C.
The Police Department is authorized to remove and impound the inoperable motor vehicle as in cases involving removal and impoundment of abandoned motor vehicles under the provisions of Article VI of this chapter, with or without prior written notice to the registered owner or party in lawful possession of the inoperable motor vehicle. The inoperable motor vehicle may be stored by the Police Department at the City's impoundment facility or at the City's safety complex. The registered owner or such other person or party as shall have created or suffered such nuisance to exist or be maintained shall be charged a reasonable fee for the storage, and all costs of the removal and storage.[1]
