Junked vehicle.
A vehicle that is self-propelled and is:
(1) 
Wrecked, dismantled or partially dismantled, or discarded; or
(2) 
Inoperable and has remained inoperable for more than:
(A) 
72 consecutive hours, if the vehicle is on public property; or
(B) 
30 consecutive days, if the vehicle is on private property.
(Ordinance 427-07, sec. 3, adopted 6/19/07; 2004 Code, sec. 8.301; Ordinance 577-15 adopted 3/17/15)
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;
(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 municipalities; and
(7) 
Is a public nuisance.
(Ordinance 427-07, sec. 3, adopted 6/19/07; 2004 Code, sec. 8.302)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 8.03.062.
(b) 
An offense under this division 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 427-07, sec. 3, adopted 6/19/07; 2004 Code, sec. 8.303)
The following procedures for the abatement and removal of junked vehicles contained within this section shall be administered by a regularly salaried, full-time employees of the town.
(1) 
The municipal court judge may issue necessary orders to enforce the procedures contained herein.
(2) 
A person authorized to administer the 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.
(Ordinance 427-07, sec. 3, adopted 6/19/07; 2004 Code, sec. 8.304)
(a) 
Upon determination that a public nuisance exists, the town must provide not less than 10 days’ notice of the nature of the nuisance. The notice must be personally delivered or sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service, 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) 
The notice must state that:
(1) 
The nuisance must be abated and removed not later than the 10th day after the date on which the notice was personally delivered or mailed; and
(2) 
Any request for a hearing must be made before that 10-day period expires.
(c) 
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, personally delivered.
(d) 
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.
(e) 
Prior to the removal of the junked vehicle, a hearing must be held in accordance with section 8.03.066.
(Ordinance 427-07, sec. 3, adopted 6/19/07; Ordinance 495-10, sec. 2, adopted 7/20/10; 2004 Code, sec. 8.305)
(a) 
The town council hereby designates the board of adjustments to hear any requests for hearings under the procedures adopted under this division.
(b) 
If a hearing is requested by a person for whom notice is required under section 8.03.065(a)(3), the hearing shall be held not earlier than the 11th day after the date of the service of notice.
(c) 
At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.
(d) 
If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicle’s:
(1) 
Description;
(2) 
Vehicle identification number; and
(3) 
License plate number.
(Ordinance 427-07, sec. 3, adopted 6/19/07; Ordinance 495-10, sec. 2, adopted 7/20/10; 2004 Code, sec. 8.306)
(a) 
The following vehicles or vehicle parts are exempt from the requirements of section 8.03.064:
(1) 
A vehicle or vehicle part 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) 
A vehicle or vehicle part 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 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 constructed in accordance with town code Chapter 3, article 3.10, or rapidly growing trees, or shrubbery.
(b) 
In this section:
(1) 
Antique vehicle
means a passenger car or truck that is at least 25 years old.
(2) 
Motor vehicle collector
means a person who:
(A) 
Owns one or more antique or special interest vehicles; and
(B) 
Acquires, collects, or disposes of an antique or special interest vehicle or part of an antique or special interest vehicle for personal use to restore and preserve an antique or special interest vehicle for historic interest.
(3) 
Special interest vehicle
means a motor vehicle of 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 427-07, sec. 3, adopted 6/19/07; 2004 Code, sec. 8.307; Ordinance 760-23 adopted 11/21/2023)
(a) 
A junked vehicle, including a part of a junked vehicle, may be removed to a scrap yard, a motor vehicle demolisher, or a suitable site operated by a municipality or county.
(b) 
The town must provide the state department of transportation notice identifying the junked vehicle, including a part of a junked vehicle, not later than the fifth day after the date of the removal. Upon receipt, the state department of transportation will immediately cancel the certificate of title issued for the vehicle.
(c) 
A junked vehicle may not be reconstructed or made operable after removal or disposal.
(d) 
The relocation of a junked vehicle that is a public nuisance to another location in the town after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.
(Ordinance 427-07, sec. 3, adopted 6/19/07; 2004 Code, sec. 8.308)