§ 10-202. Abandoned, wrecked, nonoperating vehicles prohibited; exceptions, presumptions, impoundment.
(a)
Except as otherwise provided, no person shall park, store, or leave, or permit the parking, storing, or leaving of, any abandoned, partially dismantled, nonoperating, wrecked or junked vehicle, nor leave such vehicle for such time and under such conditions as to cause it to reasonably appear to have been abandoned, upon any private property, City street, public easement or right-of-way; and vehicles so abandoned or left shall constitute a public nuisance.
(b)
Persons excepted from the above subsection (a) are those who maintain such vehicles:
(1)
In enclosed buildings;
(2)
On premises of a business enterprise operated in a lawful place and manner, when such vehicle is necessary to the operation of such business;
(3)
In an appropriate storage facility or depository which is maintained by or for the City.
(c)
A rebuttable presumption shall exist that vehicles have been abandoned when:
(1)
Weed and/or grass undergrowth indicates to a reasonable person that the vehicle has not been moved, thereby permitting such growth to occur;
(2)
One (1) or more wheels are flat or missing;
(3)
Portions of the vehicle which are needed for its operation or control are missing;
(4)
Neighbors offer statements as to the time length such vehicle has been standing in one (1) place without removal, or statements that parts are taken from or added to such vehicle which would indicate a salvage or garage operation;
(5)
Evidence exists that provisions of this Code pertaining to zoning or to junk and salvage yards are being violated;
(6)
License plate or plates is not current.
(d)
City officers may remove and impound, or cause to be removed and impounded those vehicles which appear:
(1)
In violation of this section;
(2)
Lost;
(3)
Stolen; or
(4)
Unclaimed.
(e)
Notice to remove. Prior to the removal and impoundment of any abandoned vehicle, the appropriate City officers shall attempt to notify, by mail, or by a notice affixed to the vehicle, or by posting of the property, the registered owner or tenant, or occupant of such location, that such vehicle appears to be in violation of this article and that he has ten (10) days from the date of the notification or the posting of the property or vehicle with a notice affixed to the vehicle containing similar provisions to remove or repair the same. (Mailing of notification and posting will be completed on the same day.)
(f)
Redemption of impounded vehicles. The owner of any vehicle seized under the provisions of this article may redeem such vehicle at any time after its removal upon proof of ownership, posting of any required bond, payment of any fines and costs assessed by the court for violations of this chapter. Impoundment certificates are held in the Department of Planning and Community Development until such release.
(g)
For the purposes of this article, the following terms, phrases, words, or their derivations shall have the meanings respectfully ascribed to them in this section:
Abandoned: To cease from maintaining or using a vehicle as originally intended.
Motor vehicle: Any vehicle which is self-propelled and/or designed to travel along the ground or water, and the term shall include, but not be limited to, automobiles, boats, buses, motorbikes, motorcycles, motorscooters, trucks, tractors, and recreational vehicles.
Nonoperating: Any motor vehicle, as defined herein, which does not have lawfully affixed thereto an unexpired license plate or is in such condition that it cannot be driven.
Private property: Any real property within the City which is privately owned and which is not public property, as defined in this section.
Wrecked: Something disabled or in a state of ruin or dilapidation.
(Ord. No. 0-7273-56; Ord. No. 0-9495-9; Ord. No. 0-9697-1; Ord. No. 0-0405-25, § 3; Ord. No. 0-1314-14, § 5)