A motor vehicle, aircraft or watercraft that:
For purposes of this section, “junked vehicle” includes
a motor vehicle, aircraft, or watercraft. This section applies only
to:
A motor vehicle that displays an expired license plate or does
not display a license plate;
An aircraft that does not have lawfully printed on the aircraft
an unexpired federal aircraft identification number registered under
Federal Aviation Administration aircraft registration regulations
in 14 C.F.R. part 47; or
A person whose business is to convert a motor vehicle into
processed scrap or scrap metal or to otherwise wreck or dismantle
a motor vehicle.
(Ordinance 2019-08 adopted 9/10/19)
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 the city; and
(7)
Is
a public nuisance.
(Ordinance 2019-08 adopted 9/10/19)
A person commits an offense if the person maintains a public nuisance described by section 8.04.002.
(Ordinance 2019-08 adopted 9/10/19)
(a)
Upon
conviction for violation of any provisions of this article relating
to the maintaining of a public nuisance as described herein or in
permitting or allowing such public nuisance to exist, such violator
shall be punished by a fine not exceeding $200.00, and each day that
such nuisance exists shall constitute a separate offense.
(b)
On
conviction, the court shall order abatement and removal of the nuisance.
(Ordinance 2019-08 adopted 9/10/19)
(a)
Vehicles and vehicle parts on private property.
(1)
For a public nuisance under this article on private property within
the city, notice to abate and remove the nuisance shall be provided
to the last known registered owner of the nuisance, any lienholder
of record of the nuisance and the owner or occupant of the private
premises on which the nuisance is located.
(2)
The notice must state the nature of the nuisance, must provide that
the nuisance be abated and removed not later than the tenth (10th)
day after the date on which the notice was personally delivered or
mailed, and that any request for a hearing must be made before that
ten-day period expires. Additionally, the notice must include a statement
that if the city abates and removes or causes the abatement and removal
of the nuisance, costs associated with the abatement and removal may
be assessed against the registered owner of the nuisance or the owner
or occupant of the private premises on which the nuisance is located.
(3)
The notice 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 to the persons listed above.
(4)
If the 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.
(5)
If any notice is returned undelivered, action to abate and remove
the nuisance shall be continued to a date not earlier than the eleventh
day after the date of return.
(b)
Vehicles and vehicle parts on public right-of-way.
(1)
For a public nuisance under this article on a public right-of-way
within the city, notice to abate and remove the nuisance shall be
provided to the last known registered owner of the nuisance, any lienholder
of record of the nuisance and the owner or occupant of the property
adjacent to the right-of-way.
(2)
The notice must state the nature of the nuisance and must provide
that the nuisance be abated and removed not later than the tenth (10th)
day after the date on which the notice was personally delivered or
mailed, and that any request for a hearing must be made before that
ten-day period expires.
(3)
Additionally, the notice must include a statement that if the city
abates and removes or causes the abatement and removal of the nuisance,
costs of such abatement and removal may be assessed against the registered
owner of the nuisance.
(4)
The notice 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 to the persons listed above.
(5)
If the 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.
(6)
If any notice is returned undelivered, action to abate and remove
the nuisance shall be continued to a date not earlier than the eleventh
day after the date of return.
(Ordinance 2019-08 adopted 9/10/19)
(a)
If requested within the ten days after service of the notice to abate and remove the public nuisance by a person for whom notice is required under section 8.04.005(a) or section 8.04.005(b), as applicable, a hearing must be held prior to the abatement and removal of the vehicle or vehicle part constituting the nuisance.
(b)
The
hearing shall be held before the Municipal Court Judge not earlier
than the eleventh 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)
(e)
If
the judge finds that such a nuisance as herein defined exists, the
judge shall order the owner or occupant of the premises on which said
vehicle is located to remove such junked vehicle within ten (10) days
after said order is given to such owner or occupant of the premises
on which said vehicle is located.
(f)
It
shall be unlawful and a violation of this article for any person to
whom such order is given to fail or refuse to comply therewith and
to fail to remove such junked vehicle within the time provided by
said order.
(g)
In
the event the owner or occupant of the premises does not request a
hearing, as herein provided, it shall be the duty of such owner or
occupant to comply with the provisions of the notice given him and
to abate such nuisance within ten (10) days after the date of the
receipt of such notice.
(Ordinance 2019-08 adopted 9/10/19)
(a)
Procedures for the abatement and removal of a public nuisance described by section 8.04.002 shall be administered by regularly salaried, full-time employees of the city, except that any authorized person may remove the nuisance.
(b)
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.
(c)
The
relocation of a junked vehicle that is a public nuisance to another
location in the city 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 2019-08 adopted 9/10/19)
(a)
Not
later than the fifth day after the date of removal, notice shall be
sent to the state department of transportation that the junked vehicle
or junked vehicle part has been declared a public nuisance and removed.
The notice must identify the vehicle or vehicle part in question.
(b)
On
receipt of notice of removal of a watercraft, the state department
of transportation shall notify the parks and wildlife department of
the removal and upon receipt of the notice from the state department
of transportation, the parks and wildlife department shall immediately
cancel the certificate of title issued for the watercraft.
(Ordinance 2019-08 adopted 9/10/19)
After a junked vehicle has been abated and removed under this
article, it shall not be reconstructed or made operable.
(Ordinance 2019-08 adopted 9/10/19)
If the public nuisance is not removed and abated after notice
as required herein and official action results in a resolution or
order requiring removal of vehicle or vehicle part, said vehicle or
part may be disposed of by removal to a scrapyard, a motor vehicle
demolisher, or any suitable site operated by the city or the county.
(Ordinance 2019-08 adopted 9/10/19)
(a)
It
is an affirmative defense to prosecution under this article if a junked
vehicle or junked vehicle part:
(1)
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)
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:
(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:
(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 2019-08 adopted 9/10/19)
Nothing herein shall prohibit the immediate removal of a vehicle
on public property or a public right-of-way which constitutes an obstruction
to traffic.
(Ordinance 2019-08 adopted 9/10/19)
