In this article, a “junked vehicle” means a vehicle
that is self-propelled and:
(1) Displays
an expired license plate or invalid motor vehicle inspection certificate
or does not display a license plate or motor vehicle inspection certificate;
and
(2) Is:
(A) Wrecked, dismantled or partially dismantled, or discarded; or
(B) Inoperable and has remained inoperable for more than:
(i) Seventy-two (72) consecutive hours, if the vehicle is on public property;
or
(ii)
Thirty (30) consecutive days, if the vehicle is on private property.
(Ordinance adopting Code)
A junked vehicle, including a part of a junked vehicle, that
is visible from a public place or public right-of-way:
(1) Is
detrimental to the safety and welfare of the public;
(2) Tends
to reduce the value of private property;
(5) Is
an attractive nuisance creating a hazard to the health and safety
of minors; and
(Ordinance 120 adopted 9/1/98)
(a) These
procedures for the abatement of junked vehicles shall be administered
by regularly salaried employees of the city, except that any authorized
person may remove the nuisance.
(b) Prior
to any hearing on the abatement of a junked vehicle or part thereof,
notice shall be given as follows:
(1) Notice as to the nature of the nuisance shall be mailed more than
20 days in advance of any hearing by certified mail with a five-day
return requested to:
(A) The last known registered owner of the nuisance;
(B) Each lienholder of record of the nuisance; and
(C) The owner or occupant of:
(i)
The property on which the nuisance is located; or
(ii)
If the nuisance is located on a public right-of-way, the property
adjacent to the right-of-way.
(c) The
notice:
(1) Must state that the nuisance must be abated and removed not later
than the 10th day after the date on which the notice was mailed; and
(2) Shall provide a date for a hearing before the municipal court of
the city. A person subject to notice is entitled to 11 days’
prior notice of a hearing.
(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.
(e) If
notice is returned undelivered, action to abate the nuisance shall
be continued to a date not earlier than the 11th day after the date
of the return.
(Ordinance 120 adopted 9/1/98)
(a) The
municipal court of the city is designated by the city council as the
body who shall conduct hearings under this article.
(b) The
hearing pursuant to this article shall be held not earlier than 11
days after the date of service of the notice.
(c) At
the hearing, the junked vehicle is presumed, unless demonstrated otherwise
by the owner, to be inoperable.
(d) Following
a hearing, the court may issue orders necessary for the abatement
of the nuisance.
(e) If
the nuisance is removed from the property, notice shall be given to
the state department of transportation not later than the fifth day
following removal.
(f) A
junked vehicle removed pursuant to this article may not be made operable
after removal.
(Ordinance 120 adopted 9/1/98)
(a) This
article does 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 vehicle
collector on the collector’s property, if the vehicle or part
and outdoor storage area, if any, are:
(A) Maintained in an orderly manner;
(C) Screened from ordinary public view by appropriate means, including
a fence, rapidly growing trees or shrubbery.
(b) In
this article:
(1) “Antique vehicle” means a passenger car or truck that
is at least 35 years old.
(2) “Motor vehicle collector” means a person who:
(A) Owns one or more special interest vehicles; and
(B) 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.
(3) “Special interest vehicle” 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 120 adopted 9/1/98)