A junked vehicle, including a part of a junked vehicle, that 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;
(3) 
Invites vandalism;
(4) 
Creates a fire hazard;
(5) 
Is an attractive nuisance creating a hazard to the health and safety of minors;
(6) 
Produces urban blight adverse to the maintenance and continuing development of the municipality; and
(7) 
Is a public nuisance.
(1999 Code, sec. 86-156)
(a) 
A person commits an offense if the person maintains a public nuisance described in section 20.08.071.
(b) 
An offense under this section is a misdemeanor punishable by a fine not to exceed $200.00.
(c) 
The court shall order abatement and removal of the nuisance on conviction.
(1999 Code, sec. 86-157)
(a) 
An inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible from a public place or public right-of-way at any time of the year and is considered detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, is declared to be a public nuisance and shall constitute a public nuisance subject to the criminal and abatement provisions as set forth herein.
(b) 
It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section.
(c) 
It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to have more than two inoperable vehicles, inoperable motor vehicles or junked vehicles upon their property.
(d) 
Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened from any public place or public right-of-way by means of a solid opaque fence on a paved surface or shall be enclosed within a building. In no case shall any cover placed over a vehicle constitute adequate screening.
(e) 
An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site.
(f) 
It shall be prima facie evidence that a vehicle that is not demonstrated to be operable upon request of the designated city official is an inoperable vehicle.
(g) 
An inoperable motor vehicle that remains inoperable for more than 30 consecutive days becomes a junked vehicle.
(h) 
Any junked vehicle taken into custody in accordance with the provisions of this division shall not be reconstructed or made operable.
(i) 
Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined by this division.
(1999 Code, sec. 86-158)
Within five days after the date of removal of a junked vehicle, or part of a junked vehicle, from the private or public premises or public right-of-way, notice shall be given to the state department of transportation. The notice must identify the vehicle or vehicle part.
(1999 Code, sec. 86-159)
The chief of police or his designated agent may enter upon any 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, abandoned or declared to be a nuisance pursuant to this division. The municipal judge and the municipal court of the city shall have authority to issue all orders necessary to enforce such procedures in this division.
(1999 Code, sec. 86-160)
The provisions of this division shall be administered by regularly salaried, full-time employees of the city, except that the removal of vehicles, or parts therefrom, may be made by any other duly authorized person.
(1999 Code, sec. 86-161)
(a) 
Persons entitled to notice.
Whenever any such public nuisance on private or public property or public right-of-way within the city limits in violation of section 20.08.071 exists, the chief of police or his duly authorized agent shall send notice to:
(1) 
The last known registered owner of the nuisance;
(2) 
Each lienholder of record of the nuisance; and
(3) 
The owner or occupant of:
(A) 
The property on which the nuisance is located; or
(B) 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(b) 
Notice requirements.
Every notice sent pursuant to this division shall:
(1) 
Be in writing;
(2) 
State the nature of the public nuisance on private or public property or the public right-of-way;
(3) 
Provide that the nuisance must be abated and removed not later than the tenth day after the date on which the notice was mailed;
(4) 
Provide that a request for a hearing shall be made before expiration of the ten-day period; and
(5) 
Be sent by certified mail with a five-day return requested.
If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, hand delivered. 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 the return.
(1999 Code, sec. 86-162)
(a) 
Required.
There shall be a public hearing prior to the removal of the vehicle, or the part thereof, if the owner or occupant of the private or public property or the owner or occupant of the premises adjacent to a public right-of-way on which the vehicle is located, within the ten-day period after service of the notice to abate the nuisance, requests of the chief of police that a date and time be set when he may appear before the chief of police for a hearing to determine whether or not he is in violation of section 20.08.072. If such person is in violation of such section, the chief of police shall order the removal and abatement of the nuisance. Any order requiring the removal of a vehicle or part thereof shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available at the site.
(b) 
Date.
Upon receiving a request for a hearing made pursuant to this section, the chief of police shall set a date and time for such hearing before the chief of police. The chief of police shall notify the city attorney and the city manager of the date and time of such hearing. If a hearing is requested by a person for whom notice is required under section 20.08.077(a)(3)(A), the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(c) 
Presumption.
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(d) 
Contents of order.
If the information is available at the location of the nuisance, an order requiring removal of the nuisance must include the vehicle's:
(1) 
Description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(1999 Code, sec. 86-163)
If the nuisance is not removed and abated and a hearing is not requested within the ten-day period, as provided in sections 20.08.077 and 20.08.078, or if the nuisance is not abated in accordance with the order of the chief of police, then the chief of police or his designated agent may file a complaint in the municipal court for maintaining the public nuisance of a junked vehicle upon the owner or the occupant of the private or public premises whereupon such nuisance exists or on the owner or occupant of the premises adjacent to the public right-of-way whereupon such nuisance exists.
(1999 Code, sec. 86-164)
A junked vehicle or part thereof may be disposed of by removal to a scrap yard, motor vehicle demolisher or any suitable site operated by the city or the county for processing as scrap or salvage, which process shall be consistent with section 20.08.073.
(1999 Code, sec. 86-165)
If the owner or occupant of the premises, within ten days after receipt of notice to abate the nuisance as provided in section 20.08.077, shall give his written permission to the chief of police or his duly authorized agent to remove the junked vehicle from the premises, the giving of such permission shall be considered compliance with the nuisance provisions of this division.
(1999 Code, sec. 86-166)
(a) 
The procedures of this division shall not apply to a vehicle or vehicle part that is:
(1) 
Completely enclosed in a building in a lawful manner and is not visible from the street or other public or private property; or
(2) 
Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer 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 part and the outdoor storage area, if any, are:
(A) 
Maintained in an orderly manner;
(B) 
Not a health hazard; and
(C) 
Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery.
(b) 
In any complaint and in any action or proceedings brought for the enforcement of any provision of this division, it shall not be necessary to negate any exception, excuse, proviso or exemption contained in this division. The burden of proof of any such exception, excuse, proviso or exemption shall be upon the defendant.
(1999 Code, sec. 86-167)