A passenger car or truck that is at least 25 years old.
Not capable of being used or operated due to legal or mechanical
incapability.
A vehicle that is self-propelled and:
A person who:
A motor vehicle or any age that has not been changed from
original manufacturer’s specifications and, because of its historic
interest, is being preserved by a hobbyist.
(Ordinance O-854-07 adopted 9/17/07)
A junked vehicle, including a part of a junked vehicle, that
is visible at any time of the year, 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; invites vandalism;
(3)
Creates
a fire hazard;
(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
(6)
Is
a public nuisance.
(Ordinance O-854-07 adopted 9/17/07)
(a)
A person commits an offense if the person maintains a public nuisance described by section 8.03.002.
(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.
(Ordinance O-854-07 adopted 9/17/07)
(a)
Generally.
(1)
The city, by this subsection, is adopting procedures for the abatement
and removal from private or public property or a public right-of-way
of a junked vehicle or part of a junked vehicle as a public nuisance.
(2)
This article shall be administered by the chief of police, or his
designee provided the same is a regularly salaried, full-time employee
of the city. Any authorized person may remove the nuisance.
(3)
A person authorized to administer these procedures may enter private
property to examine a public nuisance, to obtain information to identify
the nuisance and to remove or direct the removal of the nuisance,
consistent with state and federal law.
(4)
The removal of a junked vehicle that is a public nuisance to another
location in the city after a proceeding for the abatement and removal
of a junked vehicle has commenced has no effect on the proceeding
if the junked vehicle constitutes a public nuisance at the new location.
(b)
Notice.
(1)
Notice of the nature of the nuisance must be personally delivered,
sent by certified mail with a five-day return requested, or delivered
by the United States Postal Service with signature confirmation service
to:
(2)
The notice must state that:
(3)
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.
(4)
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.
(5)
No notice is required for issuance of a citation for an offense under
this article.
(6)
If the city mails a notice to the property owner in accordance with
this subsection and the United States Postal Service returns the notice
as “refused” or “unclaimed,” the validity
of the notice is not affected and the notice is considered as delivered.
(c)
Hearing.
(1)
The municipal court judge shall conduct hearings relative to the
abatement of junked vehicles.
(2)
A public hearing must be conducted prior to the removal of the public
nuisance not earlier than the 11th day after the date of service of
notice.
(3)
If a hearing is requested by a person for whom notice is required under subsection (b)(1)(C) herein, by no later than the date by which the nuisance must be abated and removed, the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(4)
At the hearing, the junked motor vehicle is presumed, unless demonstrated
otherwise by the owner, to be inoperable.
(6)
As part of the order authorizing removal or abatement of the public
nuisance, the court shall:
(A)
Prohibit a vehicle from being reconstructed or made operable after
removal; and
(B)
Require that notice identifying the vehicle or part of the vehicle
be given to the department of public safety not later than the fifth
day after the date of removal. On receipt of notice of removal, the
department shall immediately cancel the certificate of title issued
for the vehicle.
(7)
The municipal court shall have full authority to enforce the abatement
procedures, including yet not limited to issuing all necessary orders.
(Ordinance O-854-07 adopted 9/17/07)
(a)
Procedures
adopted herein shall not apply to a vehicle or vehicle part thereof:
(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 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 thereof, and the outdoor storage area, if any:
(A)
Is maintained in an orderly manner;
(B)
Does not constitute a health hazard; and
(C)
Is screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery. A vehicle or part thereof,
covered by a tarp, car blanket, or similar covering does not meet
the requisite screening requirements of this article.
(b)
For
purposes of this section, “ordinary public view” means
the view from private or public property, or public right-of-way from
average grade of the surrounding property.
(Ordinance O-854-07 adopted 9/17/07)
