In this article:
Director.
(1)
The director of the department designated by the city manager
to enforce and administer this article; or
(2)
The director’s authorized representative.
Junked vehicle.
A vehicle that:
(2)
Displays an expired license plate, does not display a license
plate, or does not have affixed a valid registration sticker; and
(3)
Is:
(A)
Wrecked, dismantled, partially dismantled or discarded; or
(B)
Inoperable and has remained inoperable for more than:
(i)
Seventy-two (72) consecutive hours, if the vehicle is on public
property; or
(ii)
Thirty (30) consecutive days, if the vehicle is on private property.
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-1; Ordinance 2008-37, sec. 16, adopted 9/9/08; Ordinance 2016-12 adopted 4/26/16)
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;
(5) Is an
attractive nuisance creating a hazard to the health and safety of
minors; and
(6) Produces
urban blight adverse to the maintenance and continuing development
of the municipality;
and is hereby declared a public nuisance.
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(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-2)
(a) A person commits an offense if the person maintains a public nuisance described by section
8-4-2.
(b) An offense
under this section is a misdemeanor punishable by a fine not to exceed
two hundred dollars ($200.00).
(c) The
court shall order abatement and removal of the nuisance on conviction.
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-3)
(a) Pursuant
to this article, the director has the authority to cause the abatement
or 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
if:
(1) Notice is provided as required by section
8-4-5.
(2) A public hearing as provided under section
8-4-6 is held before the removal of the public nuisance.
(3) An order, as provided under section
8-4-7, is issued by a municipal court judge.
(b) The
procedures under this section shall be administered by regularly salaried,
full-time employees of the municipality, except that any authorized
person may remove the nuisance.
(c) A person
authorized to administer the procedures under this section may enter
private property to:
(1) Examine
a public nuisance;
(2) Obtain
information to identify the nuisance; and
(3) Remove
or direct the removal of the nuisance.
(d) The
relocation of a junked vehicle that is a public nuisance to another
location in the same municipality or county, after a proceeding for
the abatement or 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.
(e) A junked
vehicle or part of a junked vehicle removed under the authority of
this section is prohibited from being reconstructed or made operable
after removal.
(f) A junked
vehicle, including a part of a junked vehicle, may be removed to a
scrap yard, a motor demolisher, or a suitable site operated by the
municipality.
(g) Within
five (5) days after the date of the removal of any junked vehicle
or part of a junked vehicle:
(1) Notice
of removal, identifying the junked vehicle or part of a junked vehicle,
shall be given to the state department of transportation; and
(2) On
receipt of notice of removal, the state department of transportation
shall immediately cancel the certificate of title issued for the junked
vehicle.
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-4)
(a) Not
less than ten (10) days’ notice must be personally delivered
or sent by certified mail with a five-day return requested 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) The property adjacent to the public right-of-way if the nuisance
is located on a public right-of-way.
(b) The
notice must state:
(1) The
nature of the nuisance and its location;
(2) That
the nuisance must be abated or removed within ten (10) days; and
(3) That any request for a hearing as provided for in section
8-4-6 must be made to the clerk of the municipal court before said ten-day period expires.
(c) If the
post office address of the last known registered owner of the nuisance
is unknown:
(1) Notice
may be placed on the junked vehicle; or
(2) If
the owner is located, notice may be personally delivered.
(d) If a
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.
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-5)
(a) A junked vehicle hearing shall be conducted by a municipal court judge if requested by the director or by a person for whom notice is required under section
8-4-5.
(b) At the
hearing the vehicle is presumed, unless demonstrated otherwise by
the owner, to be inoperable.
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-6)
(a) Upon
a finding that the vehicle is a junked vehicle and therefore constitutes
a public nuisance, the court shall issue an order that, within ten
(10) days from the date of the hearing, the junked vehicle shall be
abated or removed.
(b) If persons for whom notice is required under section
8-4-5 shall fail or refuse, within ten (10) days of the date of the hearing, to abate or remove the junked vehicle, the judge may order the director to have the junked vehicle removed and disposed of in the manner provided by section
8-4-4(f).
(c) If the
information is available at the location of the nuisance, a court
order requiring the removal of the nuisance must include the vehicle’s:
(2) Vehicle
identification number; and
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-7)
(a) The
director may at any time cause to be filed in municipal court a complaint
for the violation of maintaining a public nuisance.
(b) Upon
a finding that a defendant is in violation of this article, such defendant
shall be:
(1) Deemed
guilty of a misdemeanor;
(2) Subject
to a fine not to exceed two hundred dollars ($200.00); and
(3) Ordered
to abate and remove such nuisance within ten (10) days of the date
of the order.
(c) If the defendant shall fail or refuse, within ten (10) days of the date of the order, to abate or remove the junked vehicle, the judge may order the director to have the junked vehicle removed and disposed of in the manner provided by section
8-4-4(f).
(d) Each
day that such nuisance shall continue, after ten (10) days of the
date of the order, shall constitute a separate offense.
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-8)
If, within ten (10) days after receipt of notice, a person charged with maintaining a public nuisance as described under section
8-4-3 gives written permission to the director for removal of the junked vehicle, the director may at his discretion accept such permission and have the junked vehicle removed and disposed of in the manner provided by section
8-4-4(f).
(Ordinance 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-9)
(a) This
article may not apply to a vehicle or vehicle part:
(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;
(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
(3) 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;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees, or shrubbery.
(b) In
this section:
Antique vehicle.
A passenger car or truck that is at least twenty-five (25)
years old.
Motor vehicle collector.
A person who:
(1)
Owns one (1) or more antique or special interest vehicles; and
(2)
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.
Special interest vehicle.
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 2006-17, sec. 1, adopted 3/28/06; 1957 Code, sec. 8A-10; Ordinance 2008-37, Sec. 17, adopted 9/9/08)
This article shall be administered by regularly salaried full-time
employees of the city, except that the removal of vehicles or parts
thereof from property may be made by any person duly authorized by
the city.
(Ordinance 83-92, sec. 1, adopted 9/13/83; 1957 Code, sec. 8A-11)
Nothing in this article shall affect ordinances that permit
immediate removal of a vehicle left on public property which constitutes
a danger or obstruction to traffic.
(Ordinance 83-92, sec. 1, adopted 9/13/83; 1957 Code, sec. 8A-12)
The director or his agent may enter upon private property for
the purposes specified in this article 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 declared
to be a nuisance pursuant to this article. The municipal court shall
have authority to issue all orders necessary to enforce this article.
(Ordinance 83-92, sec. 1, adopted 9/13/83; 1957 Code, sec. 8A-13)