Each owner or occupant of real property within the city shall
keep such property free of, and shall not permit or suffer the presence
of, any junked vehicles on such property. A junked vehicle that is
located in a place where it is visible from a public place or public
right-of-way is detrimental to the safety and welfare of the general
public, tends to reduce the value of private property, invites vandalism,
creates a fire hazard, constitutes an attractive nuisance creating
a hazard to the health and safety of minors, and is detrimental to
the economic welfare of the state by producing urban blight adverse
to the maintenance and continuing development of the city and is declared
to be a public nuisance.
(1999 Code, sec. 7.708)
(a)
Generally.
The city procedures for the abatement and
removal of a junked vehicle or a part of a junked vehicle as a public
nuisance, from private property, public property, or public rights-of-way,
are set out as follows in this section.
(b)
Notice.
(1)
Whenever such public nuisance exists on private or public property or within public rights-of-way within the city in violation of section 8.06.061 hereof, the chief of police or his duly authorized agent shall provide not less than 10 days’ written notice of the nuisance, and such notice must be sent by certified mail with a five-day return requested to:
(2)
The notice must state:
(A)
The nature of the public nuisance and its location;
(B)
That the nuisance must be abated and removed not later than the 10th
day after the date on which the notice was mailed;
(C)
That a request for a hearing to determine whether or not there has
been a violation of this division must be made to the clerk of the
municipal court, either in person or in writing and without the requirement
of bond, before the ten-day period expires; and
(3)
When notice is required under this section, the chief of police or his agent shall, in addition to any other notices required herein, securely affix a conspicuous, brightly colored notice containing the information in subsection (b)(2) of this section on such vehicle and the date it was affixed. Such visible notice shall not be a condition or requirement precedent to any proceeding or official action to abate such public nuisance, and such proceeding or action shall not be rendered void or voidable nor in any way affected by failure to affix the visible notice prescribed herein. In the event the ten-day period set out on the visible notice is different from that prescribed in any other notice served as provided in this section, then official action or proceedings to abate such public nuisance shall not be commenced until after the expiration of both periods of time.
(c)
Procedure when owner cannot be located.
If mailed notice
is returned undelivered or undeliverable, or is not returned within
ten days of mailing, or, if despite the city's due diligence, a proper
mailing address or physical location for personal service cannot be
determined, action to abate the nuisance shall be continued to a date
not earlier than the later of:
(d)
Public hearing.
(1)
If a person requests a hearing, the hearing shall be held by the
municipal judge not earlier than the 11th day after the date of the
service of notice. The chief of police will receive notice of any
requested hearing.
(2)
Irrespective of any such request, however, a public hearing before
a judge of the municipal court is required prior to the removal of
a public nuisance under this division.
(3)
If neither the owner nor the occupant of the premises upon which the nuisance rests can be found and notified to remove the same, or if the notices under this section are returned undelivered and the applicable time for response passed, upon a finding that the vehicle is a junked motor vehicle and that a violation of section 8.06.061 has occurred, the court may issue an order to the chief of police to have the same removed, and the chief of police will take possession of such junked vehicle and remove the same from the premises.
(4)
If a person served properly with notice under this section does not
request a public hearing and either fails or refuses to comply with
the order of the chief of police within the ten-day period provided,
the court shall declare the vehicle a nuisance and in violation of
this division and order the chief of police to take possession of
such vehicle and remove the same from the premises.
(5)
The municipal court shall determine, based upon a preponderance of
the evidence, whether the vehicle is a public nuisance in violation
of this division. The motor vehicle is presumed, unless otherwise
demonstrated by the owner, to be inoperable. Evidence that a vehicle
in public view has not been driven under its own power for a period
of forty-five (45) days or more shall constitute prima facie evidence
that said vehicle was inoperative for the same period. Evidence that,
when inspected by the chief of police (or an authorized agent of the
chief of police), the vehicle had no valid motor vehicle inspection
certificate or no unexpired license plate pertaining to the vehicle
lawfully affixed is sufficient evidence to support a finding that
the vehicle is a “junked vehicle” if other elements of
the term are met.
(6)
The judge of the municipal court shall hear any contested case brought
before said court, as set out herein, and shall determine whether
or not the defendant is, in fact, in violation of this division. Upon
a finding that said defendant is in violation of this division, the
judge of said court shall order the defendant to remove and abate
such nuisance within ten (10) days of the order, the same being a
reasonable time.
(7)
If the defendant shall fail or refuse within said ten (10) days to
abate or remove the nuisance, the judge of said municipal court may
issue an order directing the chief of police to have the nuisance
removed, and the chief of police or his duly authorized agent shall
take possession of said junked motor vehicle and remove it from the
premises. The chief of police or his duly authorized agent shall thereafter
dispose of said junked motor vehicle in accordance with this division.
(e)
Removal with permission.
If, within ten (10) days after
receipt of the notice from the city to abate the nuisance as herein
provided, the owner or occupant of the premises shall give his written
permission to the chief of police or his duly authorized agent for
removal of the junked motor vehicle from the premises, the giving
of such permission shall be considered in compliance with the provisions
of this division as to that person.
(f)
Vehicle identification upon order of removal.
(1)
The court order requiring the removal of a vehicle, vehicles or vehicle
part must contain a description of the vehicle and the correct identification
number and license number if the information is available at the site.
(2)
Notice must be given to the state department of transportation not
later than the fifth day after the date of removal. The notice must
identify the vehicle or vehicle part.
(g)
Exceptions.
(1)
It is not the intent of the city for this division to apply to a
vehicle or vehicle part:
(A)
That is completely enclosed within a building in a lawful manner
where it is not visible from the street or other public private property;
or
(B)
That is stored or parked in a lawful manner on private property in
connection with the business of a licensed vehicle dealer or a junkyard,
or that is an antique or special interest vehicle stored by a motor
vehicle collector on the collector's property, or a racing motor vehicle
used for racing on authorized racecourses, or a bona fide hunting,
fishing or other off-road recreational vehicle, provided that such
vehicle, provided that such vehicle [sic] or vehicle part and the
outdoor storage area are:
(2)
In this section, “motor vehicle collector” means a person
who:
(1999 Code, sec. 7.709)
A junked vehicle or vehicle part found to be a nuisance under
this division or removed with the owner's permission may be disposed
of by removal to a scrap yard, a motor vehicle demolisher, or any
suitable site operated by the city for processing as a scrap or salvage,
provided that such vehicle shall not be reconstructed or made operable.
The city may operate a disposal site if the council determines that
commercial channels of disposition are not available or are inadequate,
and it may make final disposition of the vehicles or vehicle parts,
or the city may transfer the vehicle parts to another disposal site
if the disposal is only scrap or salvage.
(1999 Code, sec. 7.710)
The chief of police or his duly authorized agents may enter
private property for the purposes specified in the procedures set
out above to examine a vehicle or vehicle part, obtain information
as to the identity of the vehicle, and remove or cause the removal
of a vehicle or vehicle part that constitutes a nuisance. The municipal
court may issue orders necessary to enforce the procedures set out
above.
(1999 Code, sec. 7.711)
This article does not affect a law or ordinances authorizing
the immediate removal, as an obstruction to traffic, of a vehicle
left on public property.
(1999 Code, sec. 7.712)
(a)
A person commits an offense if that person maintains a public nuisance as determined under this division. A person who commits an offense under this division is, upon conviction, guilty of a misdemeanor and subject to a fine as provided for in the general penalty provision found in section 1.01.009 of this code. Upon conviction, the municipal court shall order removal and abatement of the nuisance. Each transaction in violation of any of the provisions hereof shall be deemed a separate offense.
(b)
It shall be unlawful for any person to knowingly or intentionally interfere with or attempt to prevent the lawful examination and identification of a vehicle pursuant to this division, or to knowingly or intentionally interfere with or attempt to prevent the removal of a junked vehicle from private or public property pursuant to this division. Any person violating this provision shall be guilty of a misdemeanor, and upon conviction shall be subject to a fine as provided for in the general penalty provision found in section 1.01.009 of this code.
(1999 Code, sec. 7.713)
(a)
Prohibited acts.
It shall be unlawful for any person
to knowingly or intentionally:
(1)
Move a junked vehicle from a place within the city where such vehicle
is visible from public property or public rights-of-way to another
place within the city where such vehicle is visible from public property
or public rights-of-way; or
(2)
Store or park a junked vehicle which has been moved from a place within the city where such vehicle was visible from public property or public rights-of-way to another place within the city where such vehicle is visible from public property or public rights-of-way for the purpose of avoiding a public hearing under section 8.06.062(d) or avoiding prosecution under this division.
(b)
Proceedings.
(1)
The prosecution must prove that one or more “junked vehicles”
was involved in the transaction. Evidence, including eyewitness testimony,
that a vehicle in public view has not been driven under its own power
for a period of forty-five (45) days or more, even if such vehicle
was moved, shall constitute prima facie evidence that said vehicle
was inoperative for the same period. Evidence that, when inspected
by the chief of police or an authorized agent of same, a vehicle had
no valid motor vehicle inspection certificate or no unexpired license
plate pertaining to the vehicle lawfully affixed is sufficient evidence
to support a finding that the vehicle is a “junked vehicle”
if other elements of the term are met.
(2)
Certified copies of three notices issued to a person within one (1) year of each other under section 8.06.062(a) through (c), either as owner of the vehicle made subject to at least one of the notices, or as the property owner or occupant of the premises subject to at least one of the notices, is prima facie evidence that the storage or movement of the vehicle was for the purpose of avoiding a public hearing under section 8.06.062(d) or avoiding prosecution under this division.
(3)
It is an affirmative defense that the vehicles are kept under an exemption provided under section 8.06.062(g).
(4)
It is no defense that the vehicle, or that a junked vehicle is later
made operable by the owner or is later transferred to another owner.
(1999 Code, sec. 7.714)
