For the purposes of this article, the following words and phrases
shall have the meanings respectively ascribed to them in this section,
unless the context clearly indicates a different meaning:
means any business and any place of storage or deposit which
displays, or in or upon which there are displayed, one or more vehicles
which are unfit for reconditioning for use on the public highways,
or used parts of motor vehicles or old iron, metal, glass, paper,
cordage or other waste, or discarded or secondhand material, which
has been a part, or is intended to be a part, of any motor vehicle,
the sum of which parts or material shall be equal in bulk to one or
more motor vehicles.
means the vehicle:
Does not bear a current year’s license plate evidencing
registration, and, in addition, a current year’s state inspection
sticker evidencing inspection; or
Remains in an inoperable condition for a period of six weeks
or more, although it bears a current year’s license plate and
a current year’s state inspection sticker.
(1976 Code, sec. 18-61; 1998 Code,
sec. 74-61; 2013 Code, sec. 34-57)
(a)
There
are hereby exempted from the coverage of this article, antique autos
which have and are now qualified as such under state law; provided,
however, that the owner of the realty upon which said antique automobiles
are located shall, prior to September 1 of each year, furnish to the
city secretary a list of all such antique autos owned by him or located
upon realty owned, leased or occupied by him, which descriptions shall
set forth in full a description of the automobiles, including the
motor number, make, model and serial number, along with satisfactory
proof of the current registration of such antique autos with the state
department of public safety as provided for under state law.
(b)
The
provisions of this article shall likewise not apply to vehicles in
operable condition specially adapted or constructed for racing or
operation on privately owned drag strips or raceways, or vehicles
stored as the property of a member of the armed forces of the United
States who is on active duty assignment outside the continental and
territorial limits of the United States.
(1976 Code, sec. 18-62; 1998 Code,
sec. 74-62; 2013 Code, sec. 34-58)
Each motor vehicle junkyard in the city shall be completely
surrounded by a fence or structure at least six feet in height and
of material which obscures the public view.
(1976 Code, sec. 18-63; 1998 Code,
sec. 74-63; 2013 Code, sec. 34-59)
No motor vehicle, or parts thereof, shall be piled or stacked
in any such motor vehicle junkyard in any manner as to exceed six
feet in height, or 625 square feet in floor or lot area. An aisle
of at least four feet shall be maintained at all times between piles
or stacks of motor vehicles or parts thereof, in such a manner as
to allow free access on the part of the fire department of the city.
(1976 Code, sec. 18-64; 1998 Code,
sec. 74-64; 2013 Code, sec. 34-60)
All gasoline shall be drained from the gasoline reservoirs of
all motor vehicles stored or kept on the premises of any such motor
vehicle junkyard unless such motor vehicles are in such state of repair
as to enable them to be removed from the premises under their own
power.
(1976 Code, sec. 18-65; 1998 Code,
sec. 74-65; 2013 Code, sec. 34-61)
The city manager shall cause to be made an investigation of
any premises whereupon motor vehicles are stored or located, which
vehicles are unfit for reconditioning for use on the public streets
and highways. The city manager or his duly authorized representative
shall have the authority to go upon the premises to conduct such investigation
without being guilty of any trespass.
(1976 Code, sec. 18-87; 1998 Code,
sec. 74-81; 2013 Code, sec. 34-81)
If, upon investigation, all or any motor vehicles are found
to be unfit for reconditioning for use on the public streets or highways
by the city manager or his authorized representative, then the city
manager shall give notice in writing to the true owner of the realty
whereon such vehicles are located of such fact, which notice shall
require the true owner of the realty to remove or cause to be removed
all such offending vehicles from the premises within ten days from
the receipt by the owner of such notice. Such notice shall contain
a description of the premises and a description of the particular
vehicle or vehicles situated thereon that are to be removed.
(1976 Code, sec. 18-88; 1998 Code,
sec. 74-82; 2013 Code, sec. 34-82)
Should the owner of the premises be actively engaged in the
removal of such vehicle at the expiration of said ten-day period,
the city manager may, upon request by said owner and for good cause
shown, grant an additional seven-day extension in writing for the
completion of said removal project.
(1976 Code, sec. 18-89; 1998 Code,
sec. 74-83; 2013 Code, sec. 34-83)
Should the owner of the realty fail to remove or cause to be
removed vehicles under the provisions of this article within the ten-day
period or the extended seven-day period, if such extension has been
granted in writing, then under such circumstances the city, or its
designated representative, may enter upon the premises without being
guilty of any trespass and remove all of said offending vehicles therefrom.
(1976 Code, sec. 18-90; 1998 Code,
sec. 74-84; 2013 Code, sec. 34-84)
All vehicles removed by the city shall be held and retained
either on public or private property for a period of 60 days. The
true owner may, within this 60-day period, replevy said vehicles by
payment to the city of the cost of removal and storage of the same;
provided, however, that no such vehicles replevied shall thereafter
be placed upon the premises of the owner.
(1976 Code, sec. 18-91; 1998 Code,
sec. 74-85; 2013 Code, sec. 34-85)
If, at the expiration of the 60-day period, the owner has not
replevied removed vehicles, the city may, after ten days published
notice of sale, sell said vehicles at public sale. The proceeds of
said sale shall be applied to the cost of removal and storage, and
the surplus, if any, refunded to the owner.
(1976 Code, sec. 18-92; 1998 Code,
sec. 74-86; 2013 Code, sec. 34-86)
In the event that vehicles sold at public sale as herein provided
and the proceeds received therefrom are insufficient to cover the
cost of removal and storage of the same, then a lien shall be perfected
against the real property of the owner from which said vehicles were
removed and notice of said lien shall be delivered to the county clerk
for recordation. Removal of said inoperable motor vehicles from the
real property shall constitute an improvement and enhancement of value
to the realty, and as a result of such enhancement in value and betterment
of the realty the city shall hold and have a lien against the same
as herein provided.
(1976 Code, sec. 18-93; 1998 Code,
sec. 74-87; 2013 Code, sec. 34-87)
The collection of a lien for the removal of a vehicle under the provisions of this article shall not bar prosecution of the owner of such vehicle or the owner or occupant of the premises upon which such vehicle was found as provided in section 1.01.009.
(1976 Code, sec. 18-94; 1998 Code,
sec. 74-88; 2013 Code, sec. 34-88)
