(a)
It shall be unlawful for any person to park, place, store, wreck, dismantle, abandon, or discard any junked, inoperable or disabled motor vehicle, motor vehicle body, parts or equipment, tools, or machinery on the real property of another.
(b)
It shall be unlawful for any person who is the owner or occupant of any real property to suffer, permit or allow any junked, inoperable or disabled motor vehicle, motor vehicle body, parts or equipment, tools or machinery to be parked, placed, stored, maintained or allowed to remain on any real property owned or occupied by such person.
(Ordinance 979, sec. III(A), adopted 12/1/03; Ordinance 1038, sec. III(A), adopted 4/21/08; 2008 Code, sec. 34-263)
(a)
Any person violating this division shall be given written notice of not less than ten days, stating the nature of the public nuisance on private property and that it must be removed and abated within ten days after the notice was mailed. A request for a hearing must be made before expiration of the ten-day period. Such notice shall be personally delivered, posted on the vehicle, or mailed, by certified or registered mail with a five-day return requested, to the last known registered owner of the nuisance, to each lienholder of record of the nuisance, and to the owner or the occupant of the private premises whereupon such public nuisance exists.
(b)
If the vehicle is on public property or on a public right-of-way, the notice must conform to the requirements of subsection (a) of this section and must be sent to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists.
(c)
If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than 11 days from the date of such return.
(d)
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.
(Ordinance 979, sec. III(B), adopted 12/1/03; Ordinance 1038, sec. III(B), adopted 4/21/08; 2008 Code, sec. 34-264)
After a vehicle has been removed pursuant to this division, it shall not be reconstructed or made operable.
(Ordinance 979, sec. III(C), adopted 12/1/03; Ordinance 1038, sec. III(C), adopted 4/21/08; 2008 Code, sec. 34-265)
(a)
Determination as to whether vehicle constitutes nuisance.
The law enforcement agency or officer shall determine whether or not a vehicle constitutes a public nuisance. Any vehicle found to be in violation of the provisions herein shall constitute a public nuisance.
(b)
Hearing.
(Ordinance 979, sec. III(D), (E), adopted 12/1/03; Ordinance 1038, sec. III(D), (E), adopted 4/21/08; 2008 Code, sec. 34-266)
(a)
Any vehicle found to be a public nuisance shall be removed by the owner thereof within ten days from the date of the order finding the vehicle to be in violation of the provisions of this article. If the owner thereof does not remove the vehicle within ten days or if the owner thereof cannot be found or determined, then the city may remove the vehicle and place it in storage for a period of 30 days. The cost of removal and storage shall be charged to the owner of the vehicle and shall be taxed as costs in addition to the penalty provided within this article.
(b)
Any vehicle so removed and stored by the city for more than 30 days shall be deemed to be abandoned and may thereafter be disposed of in any manner the city deems appropriate.
(Ordinance 979, sec. III(F), adopted 12/1/03; Ordinance 1038, sec. III(F), adopted 4/21/08; 2008 Code, sec. 34-267)
Notice shall be given to the state department of public safety within five days after the date of removal of a vehicle pursuant to section 8.05.066, identifying the vehicle or part thereof.
(Ordinance 979, sec. III(G), adopted 12/1/03; Ordinance 1038, sec. III(G), adopted 4/21/08; 2008 Code, sec. 34-268)
(a)
Procedures adopted under this division may not apply to a vehicle or vehicle part that:
(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) Antique vehicle Motor vehicle collector Special interest vehicle
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
means a passenger car or truck that is at least 35 years old.
means a person who:
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 979, sec. III(H), adopted 12/1/03; Ordinance 1038, sec. III(H), adopted 4/21/08; 2008 Code, sec. 34-269)
(a)
This division may be administered by the law enforcement agency, except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.
(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 or county 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 979, sec. III(I), adopted 12/1/03; Ordinance 1038, sec. III(I), adopted 4/21/08; 2008 Code, sec. 34-270)