When used herein:
A motor vehicle, aircraft or watercraft that:
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
2018-16 adopted 7/3/18)
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 detrimental to the safety
and welfare of the public, tends to reduce the value of private property,
invites vandalism, creates a fire hazard, is an attractive nuisance
creating a hazard to the health and safety of minors, produces urban
blight adverse to the maintenance and continuing development of the
city and is a public nuisance.
(Ordinance
2018-16 adopted 7/3/18)
A person commits an offense if the person maintains a public nuisance described by section 14.05.002.
(Ordinance
2018-16 adopted 7/3/18)
(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
2018-16 adopted 7/3/18)
(a)
Vehicles and vehicle parts on
private property.
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. The notice must state the nature of the nuisance,
must provide that the nuisance be abated and removed not later than
the tenth 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. 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.
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. 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.
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. The notice must state the nature of
the nuisance and must provide that the nuisance be abated and removed
not later than the tenth 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 of such
abatement and removal may be assessed against the registered owner
of the nuisance. 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. 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. 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
2018-16 adopted 7/3/18)
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 14.05.005(a) or section 14.05.005(b), as applicable, a public hearing must be held prior to the abatement and removal of the vehicle or vehicle part constituting the nuisance. The hearing shall be held before the construction board of appeals not earlier than the eleventh day after the date of the service of notice. Any order requiring the removal of a vehicle or part thereof shall include a description of the vehicle, vehicle identification number and license plate number of the vehicle, if such information is available.
(Ordinance
2018-16 adopted 7/3/18)
(a)
Procedures for the abatement and removal of a public nuisance described by section 14.05.002 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
2018-16 adopted 7/3/18)
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.
(Ordinance
2018-16 adopted 7/3/18)
After a junked vehicle has been abated
and removed under this article, it shall not be reconstructed or made
operable.
(Ordinance
2018-16 adopted 7/3/18)
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
2018-16 adopted 7/3/18)
The city may assess the costs of
abating, removing, storing, handling and demolishing the public nuisance,
the costs of notice associated with the nuisance, and any other costs
incurred by the city in abating the nuisance against the last known
registered owner of the nuisance and the owner or occupant of the
private premises on which the nuisance is located, if located on private
property.
(Ordinance
2018-16 adopted 7/3/18)
Nothing herein shall authorize the
city to declare a vehicle or vehicle part that is completely enclosed
within a building in a lawful manner where it is not visible from
the street or other public or private property, 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 are maintained in an orderly manner, not a health hazard
and screened from ordinary public view by means of a fence, rapidly
growing trees, shrubbery, or other appropriate means.
(Ordinance
2018-16 adopted 7/3/18)
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
2018-16 adopted 7/3/18)
