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 is declared 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; and
(6) 
Produces urban blight adverse to the maintenance and continuing development of municipalities.
(Ordinance 10-0809-02, sec. 3.B, adopted 8/–/10)
(a) 
A person commits an offense if the person maintains a public nuisance described by section 8.05.031 above.
(b) 
An offense under this section is a misdemeanor punishable by a fine in an amount in accordance with the general penalty in section 1.01.009 of this code per day that the public nuisance continues to exist.
(c) 
The municipal court shall order abatement and removal of the nuisance upon conviction.
(Ordinance 10-0809-02, sec. 3.C, adopted 8/–/10)
(a) 
Generally.
The city, by this section, is adopting procedures for the abatement and 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. This division shall be administered by the city administrator or his designee, provided that the officer is a regularly salaried, full-time employee of the city. Any authorized person may remove the nuisance. A person authorized to administer the procedures of this section 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.
(b) 
Notice.
Notice of the nature of the nuisance must be 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) 
If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(4) 
The notice must state that:
(A) 
The nuisance must be abated and removed not later than the tenth (10th) day after the date on which the notice was mailed; and
(B) 
Any request for a hearing must be made before that ten-day period expires.
(5) 
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, hand delivered.
(6) 
If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of the return.
(7) 
No notice is required for issuance of a citation for an offense under this section.
(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 eleventh (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) of this section, the hearing shall be held not earlier than the eleventh (11th) 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.
(5) 
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:
(A) 
Description;
(B) 
Vehicle identification number; and
(C) 
License plate number.
(6) 
As part of the order authorizing removal or abatement of the public nuisance, the municipal 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 state department of public safety not later than the fifth (5th) day after the date of removal. On receipt of notice of removal, the state department of public safety 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.
(d) 
Relocation of vehicle.
The relocation of the junked vehicle that is a public nuisance to another location within 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 10-0809-02, sec. 3.D, adopted 8/–/10)
(a) 
Procedures adopted in this division shall 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; 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 and the outdoor storage area, if any:
(A) 
Is maintained in an orderly manner;
(B) 
Does not constitute a health hazard; and
(C) 
Is screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery. A vehicle or part covered by a tarp, car blanket or similar covering does not meet the requisite screening requirements of this division.
(b) 
For purposes of this division, the term “ordinary public view” means the view from private or public property, or the public right-of-way, from the average grade of the surrounding property.
(Ordinance 10-0809-02, sec. 3.E, adopted 8/–/10)