For the purpose of this article, the following definitions shall
apply, unless the context clearly indicates or requires a different
meaning:
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 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 O-14-02 adopted 12/10/2002; 1997 Code, sec. 94.01)
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 municipalities; and
(7)
Is
a public nuisance.
(Ordinance O-14-02 adopted 12/10/2002; 1997 Code, sec. 94.02)
(a)
A person commits an offense if the person maintains a public nuisance described by section 8.06.002.
(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-14-02 adopted 12/10/2002; 1997 Code, sec. 94.03)
(a)
Authority.
(1)
The city, by this article, is adopting procedures for the abatement
and removal on 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, code enforcement
officer or his or her 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.
(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
or sent by certified mail with a five-day return requested to:
(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, personally 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 article 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, the hearing shall be held not earlier than the eleventh 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 but not limited to issuing all necessary orders.
(Ordinance O-14-02 adopted 12/10/2002; 1997 Code, sec. 94.04)
(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)
Are maintained in an orderly manner;
(B)
Do not constitute a health hazard; and
(C)
Are 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-14-02 adopted 12/10/2002; 1997 Code, sec. 94.05)
