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Junked & Inoperable Vehicles Title 9, Chapter 90.19 An inoperable vehicle, inoperable motor vehicle or junked vehicle that is visible from a public place or public right-of-way and /or is considered detrimental to the safety and welfare of the general public tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, produces urban blight adverse to the maintenance and continuing development of the city, and is declared to be a public nuisance. It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section. It shall be unlawful for any person, owner, agent, occupant or anyone having supervisions or control of any real property within the city to have more than two inoperable vehicles, inoperable motor vehicles or junked vehicles upon their property. Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened from any public place or public right-of-way by means of a solid opaque fence or shall be enclosed within a building. In no case shall any cover placed over a vehicle constitute adequate screening. An inoperable vehicle, inoperable motor vehicle, or junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site. It shall be be construed that a vehicle that is not demonstrated to be operable upon request of the Designated City Official is an inoperable vehicle. An inoperable motor vehicle that remains inoperable for more than 30 consecutive days becomes a junked vehicle.
On Private Property. Upon complaint or upon his own initiative, the Designated City Official (DCO) may initiate appropriate official action to remove and abate a public nuisance in the nature of a junked vehicle. Whenever a public nuisance exists on private property, the DCO shall notify the last known registered owner of the junked vehicle, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists, that the nuisance exists, that it must be removed and abated within ten (10) days of the receipt of the notice. The notice hereinabove described shall be sent by certified mail with a five day return receipt requested. If the notice is returned undelivered by the post office, further official action to abate the violation shall be continued to a date of not less than ten days after the date of return. On Public Property. Whenever a public nuisance in the nature of a junked vehicle exists on public property, the DCO shall notify the last known registered owner of the junked motor vehicle, any lienholder of record and the owner or occupant of the public premises or the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, that the nuisance exists, that it must be removed and abated within ten days of the receipt of such notice, or that a request for a hearing must be made by said owner or occupant before the expiration of the ten day period from the receipt of the notice. The notice hereinabove described shall be sent by certified mail with a five day return receipt requested. If the notice is returned undelivered by the post office, further official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return. Definitions Junked Vehicle: A vehicle that is self-propelled and:; (A) Does not have lawfully attached to it:
(B) is:
Inoperable Motor Vehicle: Is a motor vehicle that does not have lawfully affixed either an unexpired license plate or a valid motor vehicle safety inspection certificate, or a vehicle that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires. Inoperable Vehicle: A vehicle without a motor, including but not limited to trailers, campers, camper shells, and wheeled towing frames, that is not in operating condition because it is wrecked, dismantled, partially dismantled, dilapidated or has one or more flat tires. |
Title
9, Chapter 90.20