A junked vehicle, including part of a junked vehicle, which
is visible from a public place or public right-of-way:
(1) Is detrimental to the safety and welfare of the public;
(2) Tends to reduce the value of private property;
(4) Is an attractive nuisance creating a hazard to the health and safety
of minors;
(5) Produces urban blight adverse to the maintenance and continuing development
of municipalities; and
(2002 Code, sec. 8.306)
The city may summarily abate any nuisance caused by a junked
vehicle pursuant to the following procedures:
(1) Whenever the city determines that a public nuisance exists under this division, it shall send written notice by registered or certified mail, return receipt requested with a five-day return requested, and the information required in subsection
(2) hereof, to the last known registered owner of the vehicle and each lienholder of record, and the owner or occupant of the property on which the nuisance is located, or, if the nuisance is located on public property or a public right-of-way, the property adjacent to the public property or public right-of-way.
(2) If the address of the last known registered owner of the junked vehicle
is unknown, notice shall be securely affixed to the windshield or
other conspicuous place on the vehicle, or, if the owner is located,
hand-delivered to the owner, and the notice shall state:
(A) The name and telephone number of the affixing agent;
(B) “NOTICE: This vehicle has been declared a nuisance and must
be abated and removed not later than ten (10) days from the date of
this notice; if this nuisance is not abated and removed by that time,
the city will summarily dispose of the vehicle; the owner or lienholder
has a right to a hearing, but the request for this hearing must be
made before the 10-day period expires.”
(3) If notice is returned undelivered, action to abate the nuisance shall
be continued to a date not earlier than the 11th day after the date
of return.
(2002 Code, sec. 8.307)
The city may enter upon private property for the purposes specified
in this division to examine vehicles or parts thereof, to obtain information
as to the identity of vehicles and to remove or cause the removal
of a vehicle or parts thereof declared to be a nuisance pursuant to
this division. The municipal court of the city or a justice court
of the county shall have authority to issue all orders necessary to
enforce this division.
(2002 Code, sec. 8.310)
This division does not apply to a vehicle or vehicle part:
(1) That is completely enclosed in a building in a lawful manner and
is not visible from the street or other public or private property;
or
(2) That is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer, or legitimate
motor vehicle, watercraft, or outboard motor repair or service facility
or junkyard, or that is an antique or special interest vehicle stored
by a motor vehicle collector on the collector's property, if the vehicle
or any part and the outdoor storage area, if any, are:
(A) Maintained in an orderly manner;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(2002 Code, sec. 8.311)