For purposes of this article, the following words and phrases
have the meanings respectively ascribed to them.
Junked Vehicle.
A vehicle that is self-propelled and:
(1)
Does not have lawfully attached to it:
(A)
An unexpired license plate; or
(B)
A valid motor vehicle inspection certificate;
(2)
Is wrecked, dismantled or partially dismantled or discarded;
or
(3)
Is inoperable and has remained inoperable for more than:
(A)
72 consecutive hours, if the vehicle is on public property;
or
(B)
30 consecutive days, if the vehicle is on private property.
Antique Vehicle.
A passenger car or truck that is at least thirty-five (35)
years old.
Motor Vehicle Collector.
A person who owns one or more antique or special interest
vehicles and 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 manufacture specifications and, because of its historic interest,
is being preserved by a hobbyist.
(1995 Code of Ordinances, Chapter 7, Article 7.800,
Section 7.801)
(a) A junked
vehicle including a part of a junked vehicle, that is located in a
place where it is visible 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 fire hazards;
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 municipality; and is a public nuisance.
(b) A person
commits an offense if the person maintains a public nuisance as described
in this article.
(c) An offense under this article is punishable by a fine as provided for in the general penalty provision found in Section
1.106 of this code for each offense. On conviction, the court shall order removal and abatement of the nuisance.
(1995 Code of Ordinances, Chapter 7, Article 7.800,
Section 7.802)
Whenever a junked vehicle exists on private or public property
or a public right-of-way, the city manager or designee is hereby authorized
to abate such nuisance under the following:
(1) Notice
of not less than ten (10) days, stating the nature of the public nuisance,
and that it must be removed and abated within ten (10) days, and that
a request for a hearing must be made before expiration of such ten
(10) day period. The notice must be sent by certified mail with a
five (5) day return requested to the last known registered owner of
the nuisance, each lienholder of record of the nuisance and the owner
or occupant of the property on which the nuisance is located; or if
the nuisance was located on a public right-of-way, the property adjacent
to the right-of-way. 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. If notice
is returned undelivered, action to abate the nuisance shall be continued
to a date not earlier than the eleventh day after the date of the
return.
(2) Upon timely request by the owner or occupant as provided in Section
8.803(1), a public hearing shall be held by the municipal court judge not earlier than the eleventh (11th) day after the date of the service of notice for the purposes of determination of the existence of a nuisance and for its removal. At the hearing, the junked motor vehicle is presumed unless demonstrated otherwise by the owner to be inoperable. Where a request for a hearing has not been made, the judge of the municipal court, if shown that a nuisance exists, may enter an order requiring the removal of the nuisance. The order requiring the removal of the nuisance must if the information is available, include the junked vehicle's description, vehicle identification number and the license plate number.
(3) Notice
shall be given to the State Department of Transportation not later
than the fifth (5th) day after the date of removal identifying the
vehicle or part of the vehicle.
(4) Where
the junked vehicle is declared a public nuisance by the municipal
court judge, it shall not thereafter be reconstructed or made operable.
(5) The
procedures set forth in this article must be administered by a regularly
salaried full-time employee of the city, except an authorized person
may remove the nuisance.
(6) Any
person authorized to administer the procedures under this article
may enter private property to examine a public nuisance, to obtain
information to the identity of the nuisance, and to remove or direct
the removal of the nuisance. The municipal court judge may issue orders
necessary to enforce these procedures.
(1995 Code of Ordinances, Chapter 7, Article 7.800,
Section 7.803)
This article does not apply to a vehicle or vehicle part:
(1) maintained
in an orderly manner;
(3) screened
from ordinary public view by appropriate means, including a fence,
rapidly growing trees, or shrubbery.
(1995 Code of Ordinances, Chapter 7, Article 7.800,
Section 7.804)
A junked vehicle, including a part of a junked vehicle, may
be removed to a scrapyard, a motor vehicle demolisher, or a suitable
site operated by the city.
(1995 Code of Ordinances, Chapter 7, Article 7.800,
Section 7.805)