[HISTORY: Adopted by the City Commission of the City of Fennville as Ch. 58, Art. III, of the 1992 Code of Ordinances. Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
MOTOR VEHICLE
Any wheeled vehicle which is self-propelled or is intended to be self-propelled.
REGISTERED INOPERABLE MOTOR VEHICLE
Any motor vehicle which, by reason of dismantling, disrepair, or any other cause, is incapable of being propelled under its own power, but has valid and current registration.
UNREGISTERED INOPERABLE MOTOR VEHICLE
Any motor vehicle which, by reason of dismantling, disrepair, or any other cause, is incapable of being propelled under its own power, and is without valid and current registration.
No person may store or place, or allow to be stored or placed, within the City any unregistered inoperable motor vehicle or any registered inoperable motor vehicle for a period of time exceeding 30 days after the service of notice as described in this chapter. Notwithstanding any exception in this chapter to the prohibition stated in this section, no unregistered or registered inoperable motor vehicle may be stored or placed on any street in the City, or in any unfenced front yard in the City, as defined in Chapter 450, Zoning.
A. 
Notice of this chapter and of the thirty-day limitation described in § 413-2 shall be given by the City if a registered inoperable motor vehicle is stored or placed in the City. Such notice shall be given in writing, by first class mail or personal service, to:
(1) 
The last registered owner of the registered inoperable motor vehicle in question, at the last address reflected by the records of the Secretary of State;
(2) 
The owner of the premises in the City upon which the registered inoperable motor vehicle is stored or placed, at the last address reflected by the City's tax assessment records; and/or
(3) 
Any lessee of the premises in the City upon which the registered inoperable motor vehicle is stored or placed.
B. 
The notice shall be deemed served upon personal delivery or upon deposit in a United States mail receptacle with postage fully prepaid. The notice shall advise the recipient that they shall be guilty of a misdemeanor if the registered inoperable motor vehicle remains stored or placed on the premises in question beyond the thirty-day period.
A. 
The prohibition described in § 413-2 shall not apply to any unregistered or registered inoperable motor vehicle which is stored or placed entirely within a wholly enclosed garage or other wholly enclosed structure. Further, the prohibition described above shall not apply to:
(1) 
The storage or placement of unregistered or registered inoperable motor vehicles upon the premises of a junkyard which is not in violation of Chapter 450, Zoning, and which has all necessary licenses and approvals from the state, the City, and any other unit of government having jurisdiction.
(2) 
The storage or placement of unregistered or registered inoperable motor vehicles upon the premises of a motor vehicle body or engine repair shop, or a motor vehicle maintenance garage, but only if any such unregistered or registered inoperable motor vehicles are actually being repaired or rebuilt or used for parts, and only if any such body or engine repair shop or maintenance garage is not in violation of Chapter 450, Zoning.
B. 
The open area of any such junkyard, body or engine repair shop or maintenance garage must be completely enclosed with a fence which completely conceals any unregistered or registered inoperable motor vehicle from public view, and which is specifically approved by the City Zoning Administrator.
Any violation of this chapter is hereby declared to be a public nuisance per se. The City may enforce the provisions of this chapter by seeking injunctive relief in a court of competent jurisdiction in addition to any other remedies which may be available under the law or this chapter.
[Amended 5-5-1997 by Ord. No. 187]
Any person violating any of the provisions of this chapter shall be responsible for a municipal civil infraction.[1]
[1]
Editor's Note: See also Ch. 35, Municipal Civil Infractions.