(a) 
The location or presence of any junked motor vehicle or any portion of a junked motor vehicle on any private or public property, occupied or unoccupied, improved or unimproved, within the municipality shall be deemed a public nuisance if it:
(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 city.
(b) 
It shall be unlawful for any person to cause or maintain such public nuisance by wrecking, dismantling, partially dismantling, rendering inoperable, abandoning, or discarding any motor vehicle on the real property of another or to suffer, permit, or allow the same to be placed, located, maintained, or exist upon his or her own real property.
(c) 
This section shall not apply to:
(1) 
A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property;
(2) 
A vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard;
(3) 
A vehicle in an appropriate storage place or depository maintained in a location officially designated and in a manner approved by the municipality;
(4) 
A motor vehicle in operable condition specifically constructed for racing or operation on privately owned drag strips or race strips;
(5) 
An unlicensed, inoperable antique or special interest vehicle stored on property, provided that the vehicle and outdoor storage area are maintained so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means; or
(6) 
A motor vehicle stored as the property of a member of the armed forces of the United States while on active duty assignment.
(2002 Code, sec. 93.10)
(a) 
Whenever a suspected public nuisance as described in section 8.03.031 exists on private property within the municipality, the full-time, regularly salaried code enforcement officer shall order the owner of the premises, or the occupant of the premises if in possession thereof, to abate or remove the same within ten days. Such order shall:
(1) 
Be in writing;
(2) 
Specify the public nuisance and its location;
(3) 
Specify the corrective measure required:
(4) 
Provide for compliance within ten days from service thereof; and
(5) 
Inform the owner or occupant of his or her right to a hearing before the city council if notice of a demand for hearing is given in writing within ten days of the issuance of the order.
(b) 
Such order shall be served upon the owner or occupant of the premises wherein the nuisance is located by sending the order by certified United States mail with a five-day return receipt requested to:
(1) 
The address of the premises;
(2) 
The address listed on the certificate of title of the offending vehicle;
(3) 
The address of any lienholder; and
(4) 
If the nuisance is located on public right-of-way, to the adjacent property owner.
(c) 
If the owner or the occupant of the premises fails and refuses to comply with the notice within ten days after service thereof, and if no hearing is requested, the code enforcement officer shall take possession of the junked motor vehicle, remove it from the premises and deliver it to a storage facility.
(d) 
If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten days from the date of such return.
(e) 
The code enforcement officer shall thereafter dispose of the junked motor vehicle in such a manner consistent with state law and as the council may provide.
(f) 
The owner or occupant of the premises may, within the ten-day period after service of notice to abate the nuisance, request of the code enforcement officer, either in person or writing and without the requirement of bond, that a date and time be set when he or she may appear before the city council for a hearing to determine whether he or she is in violation of this article. That hearing shall be held within 11 days after service of notice under subsection (a) of this section.
(g) 
If a request is made under the provisions of subsection (f) above, no action to remove the vehicle shall be taken pending the hearing.
(2002 Code, sec. 93.11)
(a) 
Upon receipt of a request for a hearing made pursuant to section 8.03.032, the city council shall set a date and time for such public hearing within 11 days of service of the original notice to abate. The code enforcement officer shall notify the owner of the vehicle, or the owner or occupant of the premises, as the case may be, in writing, as to the date and time of such hearing.
(b) 
The city council shall hear any case brought before it and as set out herein determine whether the subject vehicle is a junked vehicle under the provisions of this article. The council may summon any witnesses or solicit any information it deems necessary in determining the status of the vehicle.
(c) 
If the city council determines that the subject vehicle is junked under the provisions of this article, the owner of the vehicle or the owner or occupant of the premises, as the case may be, shall be ordered to remove or cause to be removed the vehicle from either public or private property within five days from the date of the order of the council. Any resolution or order requiring the removal of a vehicle or part thereof shall include a description of the vehicle by make and model, the correct vehicle identification number, the license number of the vehicle and its location, if available.
(2002 Code, sec. 93.13)
If the order of the council is not complied with, the code enforcement officer for the city shall forthwith cause to be prepared, filed, and served on the defendant a written complaint charging that the owner of the vehicle or the owner or occupant of the premises, as the case may be, has violated the provisions of this article.
(2002 Code, sec. 93.14)
(a) 
The judge of the court of appropriate jurisdiction shall hear any case brought before the court and shall determine whether the defendant is in violation of this article. Upon finding that the defendant is in violation of this article, the defendant shall be found guilty of a misdemeanor and subject to a fine as provided in section 8.03.002 of this code for each day that the nuisance continues after the finding of the city council.
(b) 
The judge shall further order such offense removed and the nuisance abated within ten days, same being a reasonable time.
(c) 
If the defendant shall fail and refuse to abate and remove the nuisance within ten days, the judge may issue an order directing the code enforcement officer to have the same removed; the code enforcement officer shall take possession of the junked motor vehicle and remove it from the premises to place it in storage.
(d) 
The code enforcement officer shall thereafter dispose of the junked motor vehicle in such manner as the council may provide.
(2002 Code, sec. 93.15)
The owner of the vehicle or the owner or occupant of the premises, as the case may be, after receipt of ten days’ notice from the chief of police or his or her duly authorized agent to abate the nuisance as herein provided, may give his or her written permission to the chief of police or his or her duly authorized agent for removal of the junked motor vehicle, and the giving of such permission shall be considered in compliance with the terms and provisions of this article. Once a vehicle has been removed, it shall not be reconstructed or made operable.
(2002 Code, sec. 93.16)
If a junked vehicle, as defined in section 8.03.001, is located on premises that are unoccupied and the owner of the premises is notified to remove same but cannot be found, then upon a showing of such facts to the judge of the court of appropriate jurisdiction, the court may issue an order directing the code enforcement officer to have the same removed, and the code enforcement officer shall take possession of the junked motor vehicle and remove it from the premises. The code enforcement officer or his or her duly authorized agent shall thereafter dispose of the junked motor vehicle in such a manner as the council may provide.
(2002 Code, sec. 93.17)
When a junked motor vehicle is removed from any premises by the code enforcement officer, notice shall be given to the state department of transportation within five days after the date of removal of the junked vehicle or part thereof, identifying the junked vehicle or part thereof.
(2002 Code, sec. 93.18)