Sec. 19-356. - Definitions.

Antique vehicle means a passenger car or truck that is at least twenty-five (25) years old.

Inoperable means a vehicle that is in such condition at the time of inspection, that it is no longer usable for the purpose for which it was manufactured, regardless of the potential for repair or restoration. If the vehicle is wrecked, dismantled or partially dismantled it is presumed to be inoperable.

Junked vehicle means a vehicle that is self-propelled or was manufactured to be self-propelled, or any part thereof, in ordinary public view, which remains inoperable for a continuous period of ten (10) days.

Motor vehicle collector means a person who:

(1)

Owns one or more antique or special interest vehicles; and

(2)

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.

Ordinary public view means a vehicle or any part thereof or the tarp or cover thereon is visible at any time of the year from any public right-of-way, or adjacent land or the first floor level of a building thereon, which is owned or occupied by a person other than the property owner or occupant of the property on which the vehicle is located or parked.

Property owner means the owner of any premises, as listed in the real property tax records of the city on which the junked vehicle is located.

Scrapyard shall include salvage yards as defined by this Code.

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.

(Ord. No. 100203, § 3, 12-16-04)

Sec. 19-357. - Declaration of junked vehicle to be a public nuisance.

A junked vehicle, including a part of a junked vehicle, that is visible at any time of the year 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;

(3)

Invites vandalism;

(4)

Creates a fire hazard;

(5)

Is an attractive nuisance creating a hazard to the health and safety of minors;

(6)

Produces urban blight adverse to the maintenance and continuing development of municipalities; and

(7)

Is a public nuisance.

(Ord. No. 100203, § 3, 12-16-04)

Sec. 19-358. - Offense.

(a)

A person commits an offense if the person maintains a public nuisance as described by section 19-357

(b)

An offense under this article is a misdemeanor punishable by a fine not to exceed two hundred dollars ($200.00). In the event, a defendant has once previously been convicted under this article; the defendant shall be fined an amount not less than one hundred dollars ($100.00) for each conviction thereafter. Each day a violation is permitted to exist shall constitute a separate offense.

(c)

Upon conviction, the court shall order abatement and removal of the nuisance within ten (10) calendar days of conviction.

(1)

The person convicted shall be responsible for the removal and abatement as provided in subsection 19-363(b) and shall provide verification of the abatement and removal within fourteen (14) calendar days of conviction.

(2)

Should the convicted person fail to remove the nuisance within the time allowed, the city shall remove and abate the nuisance without further notice to any party and shall recover all costs for the removal and abatement in the manner provided in this article.

(Ord. No. 100203, § 3, 12-16-04)

Sec. 19-359. - Authority to abate nuisance.

A junked vehicle or part of a junked vehicle as a public nuisance may be abated and removed from a private or public property or a public right-of-way if the following procedures are followed:

(1)

A person authorized to administer the procedures to abate and remove the nuisance may enter private property to:

a.

Examine a public nuisance;

b.

Obtain information to identify the nuisance; and

c.

Remove or direct the removal of the nuisance.

(2)

A public hearing shall be provided before removal of the public nuisance if requested in writing by a person to whom notice is required under subsection 19-361(a)(3).

(3)

The municipal court may issue necessary orders to enforce the procedures of this article.

(4)

Procedures for abatement and removal of a public nuisance must be administered by regularly salaried, full-time employees of the municipality or county, except that any authorized person may remove the nuisance.

(Ord. No. 100203, § 3, 12-16-04)

Editor's note—

Ord. No. 100203, § 3, adopted December 16, 2004, enacted provisions intended for use as subsections (a)—(d). To preserve the style of this Code, and at the discretion of the editor, said provisions have been redesignated as subsections (1)—(4).

Sec. 19-360. - Commencement of abatement proceedings.

(a)

The proceeding for abatement and removal of a public nuisance under this article shall be commenced upon the sending of the notice as prescribed by this article.

(b)

Relocation of a public nuisance to another location within the city limits, after a proceeding for the abatement and removal of the public nuisance has commenced, shall have no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location.

(Ord. No. 100203, § 3, 12-16-04)

Sec. 19-361. - Notice to abate.

(a)

Notice for abatement and removal of a public nuisance under this article must provide not less than ten (10) days notice of the nature of the nuisance. The notice must be personally delivered or sent by certified mail with a five-day return requested to:

(1)

The last known registered owner of the nuisance;

(2)

Each lienholder of record of the nuisance; and

(3)

The owner or occupant of:

a.

The property on which the nuisance is located; or

b.

If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.

(b)

The notice must state that:

(1)

The nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; and

(2)

Any request for hearing must be in writing and be made before the ten-day period expires.

(c)

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, personally delivered.

(d)

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.

(Ord. No. 100203, § 3, 12-16-04)

Sec. 19-362. - Abatement hearing.

(a)

If a person for whom notice is required under subsection 19-361(a)(3) requests a hearing, the public hearing shall be held no earlier than the 11^th day after the date of the service of notice.

(b)

At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.

(c)

The court shall issue an order or resolution following the conclusion of the hearing.

(d)

A resolution or order requiring the removal of the nuisance must:

(1)

Prohibit the vehicle from being reconstructed or made operational after removal;

(2)

Require that, not later than the fifth day after the date of removal, notice identifying the vehicle or part thereof be given to the appropriate state agency or department for the cancellation of the certificate of title issued for the vehicle.

(3)

Include if the information is available at the location of the nuisance, the vehicle's:

a.

Description;

b.

Vehicle identification number; and

c.

License plate number.

(Ord. No. 100203, § 3, 12-16-04)

Sec. 19-363. - Removal and disposal of nuisance.

(a)

The ordered removal of a public nuisance by the court may be done by any person or entity so authorized by the city manager, police department, or code compliance department.

(b)

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 or county.

(c)

If the city or county determines that commercial disposition of junked vehicles is not available or is inadequate, the city or county may:

(1)

Finally dispose of a junked vehicle or vehicle part; or

(2)

Transfer it to another disposal site if the disposal is scrap or salvage only.

(d)

Any proceeds from the transfer of the junked vehicle or part thereof to the site authorized by this section shall be used to reimburse the city for all costs incurred in the notification, investigation, hearing, and disposal procedures (including any and all variable towing and disposal fees from contracted sources) within this article. Any remaining proceeds shall be transferred to the lienholder of record or, if none, the owner of record.

(e)

The vehicle may not be reconstructed or made operable after removal.

(Ord. No. 100203, § 3, 12-16-04)

Sec. 19-364. - Exceptions.

The procedures and penalties authorized by this article shall not apply to a vehicle or vehicle part that is:

(1)

Completely enclosed in a building in a lawful manner and is not visible from the street or public or private property or;

(2)

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 vehicle or a special interest vehicle, stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outside storage area, if any, are:

a.

Maintained in an orderly manner;

b.

Not a health hazard; and

c.

Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees, or shrubbery.

(Ord. No. 100203, § 3, 12-16-04)

Secs. 19-365—19-385. - Reserved.