The governing body finds that junked, wrecked, dismantled, inoperative or abandoned vehicles affect the health, safety and general welfare of citizens of the city because they:

(a)   Serve as a breeding ground for flies, mosquitoes, rats and other insects and rodents;

(b)   Are a danger to persons, particularly children, because of broken glass, sharp metal protrusions, insecure mounting on blocks, jacks or other supports;

(c)   Are a ready source of fire and explosion;

(d)   Encourage pilfering and theft;

(e)   Constitute a blighting influence upon the area in which they are located;

(f)   Constitute a fire hazard because they frequently block access for fire equipment to adjacent buildings and structures.

(Ord. 1988-1, Sec. 1; Code 1990)

As used in this article, unless the context clearly indicates otherwise:

(a)   Inoperable means a condition of being junked, wrecked, wholly or partially dismantled, discarded, abandoned or unable to perform the function or purpose for which it was originally constructed;

(b)   Vehicle means, without limitation. Any automobile, truck, tractor or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(Ord. 1988-1, Sec. 2; Code 1990)

Any one of the following conditions shall raise the presumption that a vehicle is inoperable:

(a)   Absence of a current registration plate upon the vehicle;

(b)   Placement of the vehicle or parts thereof upon jacks, blocks, or other supports;

(c)   Absence of one or more parts of the vehicle necessary for the lawful operation of the vehicle upon street or highway.

(Ord. 1988-1, Sec. 6; Code 1990)

Except as provided in sections 8-305:306, it shall be unlawful for any person or agent, either as owner, lessee, tenant or occupant of any land within the city to park, store or deposit, or permit to be parked, stored, or deposited thereon, an inoperable vehicle unless the vehicle is enclosed in a garage or other building.

(Ord. 1988-1, Sec. 3; Code 1990)

The provisions of section 8-304 shall not apply to the parking or storage of a vehicle inoperable for a period of 30 consecutive days or less.

(Ord. 1988-1, Sec. 4; Code 1990)

The provisions of section 8-304 shall not apply to any person conducting a business enterprise in compliance with existing zoning regulations or who places such vehicles behind screening of sufficient size, strength and density to screen such vehicles from the view of the public and to prohibit ready access to stored vehicles by children. However, nothing in this section shall be construed as to authorize the maintenance of a public nuisance.

(Ord. 1988-1, Sec. 5; Code 1990)

Whenever a complaint is made to the city or notice is given to the public officer of the existence of a possible violation of section 8-304, then the public officer shall make inquiry and inspection of vehicle. Upon making inquiry and inspection, the public officer shall make a report of his or her findings to the mayor and city council.

(a)   If a violation is found, then the owner and any person in possession of any property where the vehicle is located shall be served with a notice of such violation in accordance with City Code section 8-2A09.

(b)   The notice and subsequent proceedings shall be treated as a violation of the Environmental Code, Chapter VIII, Article 2A, whose procedures are incorporated herein by reference.

(Ord. 1988-1, Sec. 7; Code 1990; Ord. 200; Code 2019)

Whenever any person shall abandon and leave a vehicle on a highway or other public property for a period of time in excess of 7 days, the city may remove the motor vehicle and store the same in a safe and convenient place.

(a)   If such vehicle has displayed thereon a registration (license) plate, the city shall ascertain the name and address of the registered owner thereof and any lienholder. The city shall then mail a written notice by certified mail, return receipt requested, to the owner at the last known address, and to any lienholder, stating that if the owner or lienholder does not claim such vehicle and pay the removal and storage charges incurred by the city within 30 days from the date of the notice, then the vehicle will be sold at public auction to the highest bidder for cash.

(b)   If such vehicle does not display a registration (license) plate, then the city shall use reasonable diligence to identify the vehicle’s owner and any lienholder. If an owner or lienholder can be determined, then the city shall mail a written notice by certified mail, return receipt requested, to the owner at the last known address, and to any lienholder, stating that if the owner or lien holder does not claim such vehicle and pay the removal and storage charges incurred by the city within 30 days from the date of the notice, then the vehicle will be sold at public auction to the highest bidder for cash.

(c)   If the city cannot determine the ownership of the vehicle, then, 30 days after the date of impoundment, the city shall immediately proceed with publishing a notice to sell the vehicle under section 8-309.

(Code 1990; Ord. 200; Code 2019)

If the vehicle is not claimed and the city paid for removal and storage costs within 30 days after notice under section 8-308, then the city shall publish a notice of sale for two consecutive weeks in the official city newspaper. The notice shall describe the vehicle by name of maker, model, serial number and owner, if known, and state that the same has been impounded by the city and will be sold at public auction to the highest bidder for cash, if the owner thereof does not claim the same within 30 days from the date of the second publication of the notice and pay the removal and storage charges, and the publication costs incurred by the city.

(Code 1990; Ord. 200; Code 2019)

(a)   Whenever the city or its designated agency has complied with the foregoing provisions of this article with respect to any such abandoned motor vehicle and the owner thereof does not claim the same within the time stated in the notice and pay the removal and storage charges and publication costs incurred by the city on such motor vehicle, the city or its designated agent may sell the motor vehicle at public auction to the highest bidder for cash.

(b)   After any sale pursuant to this section, the city or its designated agent may file proof thereof with the Division of Vehicles. Thereupon, said division shall issue a certificate of title to the purchaser of such motor vehicle. All moneys derived from the sale of motor vehicles pursuant to this article, after payment of the expenses of the impoundment and sale, shall be paid into the fund of the city which is used by it for the construction or maintenance of highways.

(Code 1990)

(a)   Any person who shall abandon and leave any vehicle on any real property, other than public property or property open to use by the public, within the city, which is not owned or leased by such person or by the owner or lessee of such vehicle, shall be guilty of criminal trespass. Upon request of the owner or occupant of such real property the city or its designated agent may remove and dispose of such vehicle in the manner provided in this article except that the provisions that a motor vehicle be abandoned for a period of time in excess of 48 hours prior to its removal shall not be applicable to abandoned vehicles which are subject to the provisions of this section.

(b)   Any person removing such vehicle from the real property at the request of the city shall have a possessory lien on such vehicle for the costs incurred in removing, towing and storing such vehicle.

(Code 1990)

The public officer is hereby designated as the enforcing officer of the city and charged with the administration of the provision of this article.

(Code 1990; Ord. 200; Code 2019)

(a)   The owner or person in possession of any vehicle in violation of Section 8-302 and/or 8-303 who has received notice of violation from the city clerk shall have fifteen (15) days from the date of notice to apply to the city clerk for a permit authorizing possession and storage of said vehicle on the owner’s property.

(b)   The cost of the permit shall be $100 and shall be a 12 month permit, starting on the date of purchase. The permits are limited to one vehicle per household and are a one time only permit. However, if at any time during the 12 month permit period, the vehicle shall pass an inspection by an authorized city employee, wherefore, said vehicle is no longer in violation of this article, the permit shall be terminated.

(d)   Any person or persons in violation of Sections 8-302 and 8-303 who has not purchased a permit for such vehicle in accordance with the provisions of this article shall be deemed a violator of this article and thereafter, said vehicle will be subject to Section 8-303.

(Ord. 255; Ord. 275B; Code 2019)