HomeMy Public PortalAboutOrdinances-1981-971!)
ORDINANCE NO. ;10147
AN ORDINANCE REVOKING ORDINANCE NO. 1980-91 (AN ORDINANCE
RELATING TO ABANDONED AND JUNK MOTOR VEHICLES AND MACHINERY
LEFT UPON THE PUBLIC STREETS AND GROUNDS AND PRIVATE PROPERTY: j
PROVIDING FOR THEIR REMOVAL AND DISPOSAL: DECLARING THEIR
OPEN STORAGE ON PRIVATE PROPERTY WHERE NOT AUTHORIZED TO
BE A NUISANCE AND PROVIDING FOR ABATEMENT: AND SETTING A
PENALTY FOR VIOLATIONS HEREOF) AND ACTING IN LIEU THEREOF
THE FOLLOWING ORDINANCE, "AN ORDINANCE RELATING TO ABANDONED
AND JUNK MOTOR VEHICLES AND MACHINERY LEFT UPON THE PUBLIC _
STREETS AND GROUNDS AND PRIVATE PROPERTY: PROVIDING FOR THEIR
REMOVAL AND DISPOSAL: DECLARING THEIR OPEN STORAGE ON PRIVATE
. PROPERTY WHERE NOT AUTHORIZED TO BE A NUISANCE AND PROVIDING
FOR ABATEMENT: AND SETTING A PENALTY FOR VIOLATIONS HEREOF"
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF TIFFIN, IOWA:
SECTION I. Purpose. The purpose of this ordinance is
to protect the health, safety, and welfare of the citizens
of Tiffin, Iowa, by providing for removal of abandoned and
junk motor vehicles and the elimination of the open storage
• of abandoned and junk motor vehicles and machinery except in
places authorized and for the enforcement penalties for the
violation thereof.
SECTION II. Definitions . For the purpose of this
ordinance the following terms are defined:
1. "Abandoned vehicle" means any of the following:
a. A motor vehicle that has been left unattended
on public property '(streets and public grounds) for more than
forty-eight (48) hours and lacks current registration plates
or two or more wheels or other structural parts which renders
the vehicle totally inoperable, or,
b. A motor vehicle that has remained illegally- on
public property for more than fifteen (15) days , or,
c. A motor vehicle that has been unlawfully parked
on private property or has been placed on private property without
the consent of the owner or person in control of the property
for more than twenty-four (24) hours, or,
• d. A motor vehicle that has been legally impounded
by order of the mayor or any other peace officer duly designated
by the, Council of Tiffin, and has not been reclaimed for a
period Hof thirty (30) days.
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2. "Junk Motor vehicle or junk machinery" shall mean any
motor vehicle or portion thereof which is not licensed for
the,..Jcurrent year as provided by law, whether or not it has
been registered with _the treasurer of Johnson County; and which
is not in operable condition v.ta because of ;its' defective or
obsolete condition, or rotted, rusted, or loose parts; or
which in any other way constitutes a threat to the public
health or safety.
3. "Storage" shall mean the leaving of any junk vehicle
or junk machinery upon private property for more than thirty
(30) days.
4 . Property which is within "public view" is property
that is -' visible from public grounds or streets. For
purposes of this ordinance, a vehicle or machinery is outside
public view if it is within a garage or other enclosed
structure.
SECTION III. Removal, Impounding of Operable Vehicles.
If any abandoned motor vehicle is found upon, the streets and
highways , parking lots, or °other public places and which has
current registration plates and not totally inoperable by
reason of lack of two or more wheels or other structural
parts it my be removed under the direction of the mayor or
other peace officer designated by the Council of Tiffin, Iowa.
SECTION IV. Notice to Owner and Lienholders. The mayor
or other peace officer designated by the Council of Tiffin,
Iowa, shall determine and notify by personal service in writing
the last known registered owner of the abandoned but operable
vehicle and all lienholders of record in person within three
(3) days, and if said owner or lienholder does not exercise
his right to reclaim said vehicle within fourteen ,;(14); days of
notice. l:: If personal service of notice is not possible the
mayor or other peace officer designated by the Council of
Tiffin, Iowa, shall notify, within ten (10) days of first
taking up and impounding, by certified mail, said last known
owner and lienholders, that the abandoned vehicle has been
taken into custody. Notice shall be deemed given when
mailed. Notice shall describe the year, model, and serial
number of the motor vehicle, set forth the location of the
facility where it is being held, inform the owner and any
lienholders of their right to reclaim the motor vehicle
within fourteen (14) days after the effective date of the
notice upon payment of all towing, preservation, and storage
charges resulting from placing the motor vehicle in custody.
The notice shall also state that the failure of the owner or
lienholders to exercise their right to reclaim the motor vehicle
within the time provided shall be deemed as a waiver by the
owner and all lienholders of all right, title, claim and
interest in the motor vehicle and that such failure to
reclaim is -deemed consent to the sale of the motor vehicle
at a public auction or disposal of the motor vehicle to a
demolisher. If the owner and lienholders do..mot exercise
their right, they shall have no further right, title , claim,
or interest in or to such motor vehicle, as provided by law.
1. If the identity of the last registered owner of an
abandoned but operable vehicle cannot be determined, or if
the registration contains no address for the `owner, or if it
is impossible -Co determine_ with reasonable certainty the identity
and addresses of all lienholders, notice by the publication
in one newspaper of general circulation° in this city shall be
made by the mayor or other peace officer designated by the
Council of Tiffin, Iowa, and. multiple listings may be
included in said ntoice if they are subject to the same time
limits, and the same information as prescribed for mailed
notice shall be included.
2. The owner or any lienholder may, by written request
delivered to the mayor or other peace officer designated by
the Council of Tiffin, Iowa, prior to the expiration of the
fourteen (14) dayreclaiming period, obtain an additional
fourteen (14) days within which the motor vehicle may be
reclaimed.
SECTION V. Impoundment Fees. The owner or lienholder
shall pay five dollars ($5.00) if claimed within three days
of impounding, plus two dollars ($2.00) for each additional
day within the reclaiming period plus towing and storage fees ,
if stored in a public garage,, whereupon said vehicle shall be
released. The amount of towing charges, and the rate of
storage charges by privately owned garages shall be established,
by resolution of Council, before the provisions of this
ordinance are carried out by the mayor or other peace officer
designated by the Council of Tiffin, Iowa.
SECTION VI. Auction of Operable Vehicle., If an abandoned
motor vehicle which is operable has not been reclaimed as
provided by Section IV, the mayor or other peace officer
designated by the Council of Tiffin, Iowa, shall make a
determination as to whether or not the vehicle should be
sold for use upon the highways. I'f it is to be sold for such
use it shall first be inspected as required by law, have a
valid certificate of inspection affixed, and shall then be
sold, and title given in accordance with law. Vehicles not
sold for use upon the highways shall be sold only in
accordance with the restrictions in the state law. The
purchaser shall take title as provided for by law, of if
sold to a demolisher no further titling of the motor vehicle
shall be permitted. Proceeds of any sale shall apply to the
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costs of towing, preserving, storing and notification required,
in accordance with state law, and anybalance shall be disposed
of as required by law. :Where the sale of any vehicle fails to
realize the amount necessary to meet costs, the mayor or other
peace officer designated by the Council of Tiffin, Iowa, shall
apply for reimbursement from the state as provided by law.
SECTION VII. Inoperable Abandoned Vehicle. . Any totally
inoperable abandoned vehicle as defined in subsection la of
. Section II of this ordinance or any„such inoperable vehicle
left on private property by other than the owner or person
in charge of the private property shall be disposed of by the
mayor or other peace officer designated by the Council of
Tiffin, Iowa, to a demolisher unless he deems it practicable
to sell it as provided in Section VI of this ordinance. A
sale to a demolisher shall not require the notification or
public auction, but the mayor or other peace officer designated
by the Council of Tiffin, Iowa, shall endeavor to obtain as
much compensation as possible to defray any ..costs to the city.
A person, firm, corporation, or this city or other unit of
government upon whose property or in whose possession is
found any abandoned motor vehicle, or any person being the
owner of a motor vehicle whose title certificate if faulty,
lost, or destroyed, may, without notification procedures,
dispose of such motor vehicle if it lacks an engine, or two
or more wheels, or other structural part which rendersthe
vehicle totally inoperable, to a demolisher for junk without
a title .
SECTION VIII. Junk Vehicles and Machinerya Nuisance.
It is hereby declared that storage within the corporate limits _
of Tiffin, Iowa, of a junk motor vehicle or junk machinery-
upon private property owned or controlled by the owner. of the
vehicle or machinery, unless excepted by Section XIV of this
ordinance, constitutes a threat to the health and safety of
the citizens of Tiffin, Iowa, and is a nuisance within the
meaning of Section 657.1 and 368 . 3 of the Code of Iowa
and said storage is hereby declared to be unlawful. -
SECTION IX. Owner of MotorVVehicle Prima Facie Liable.
If any junked motor vehicle is stored upon private::property
in violations of this ordinance, the owner of said junked
motor vehicle shall be prima facie liable for said violation.
In the absence of any known or ascertainable owner of said
motor vehicle, the owner of the property on which the motor
vehicle' s storage shall be prima facie liable for said
violation.
SECTION X. Notice To Abate. Upon discovery of any junk
motor vehicle or junk machinery stored upon private property
within the corporate limits of this city in violation of
Section VIII, the mayor or other peace officers designated
by the Council of Tiffin, Iowa, . shall:.within ten (10) days
notify in writing the owner of said motor vehicle (who is
the owner or person in control of the property upon which it
is stored) that: (1) the motor vehicle constitutes a nuisance
under the provisions of this ordinance; (2) that the owner
must remove or repair themotor -vehicle or machinery in
accordance with the terms of Section XI of this ordinance,
or remove the motor vehicle or machinery from public view;
and (3) that failure to remove or repair the motor vehicle
or machinery will be sufficient cause for its removal by the
city at the owner's cost.
SECTION XI. Duty of Owner to Remove or Repair. The
owner of a junk motor vehicle or junk machinery (who is the
owner or person in control of the property upon which it is
stored) which violated the provisions of Section VIII must,
within ten (10) days after receipt of written notice from the
mayor or other peace officer designated by the Council of
Tiffin, Iowa, remove the motor vehicle or machinery to-an
auto salvage yard or junk yard duly licensed by this city,
or to a lawful place of storage without the city limits, ,. or
to a location which is outside public view, or repair the
defects which cause such motor vehicle or machinery:to.violate
the provisions of this ordinance, including licensing of a
motor vehicle not currently licensed.
SECTION XII. Hearing. A -person notified to remove or
repair a junk motor vehicle or junk machinery may have a hearing
before the council on.the matter of the determination that the
vehicle or machinery' isanuisance for which an order should
issue , provided a request for such a hearing is filed with
the city clerk and the officer serving the original order
and notice at least three (3) days before thedate set in the
order for compliance. After the hearing the council may
either determine not to require the order to be carried out,
to modify the order, or -reinstate the order, in which latter
case the order of council shall be complied with not later
than ten (10) days after the council reinstates- the order.
SECTION XIII. Abatement. If such owner of a junk motor
vehicle or machinery shall fail to remove or repair the motor
vehicle in accordance with the terms in Section XI or XII,
the mayor or any other peace officer designated by the Council
of Tiffin, Iowa, shall abate such nuisance by causing. the motor
vehicle to be removed and impounded and sold or disposed of
as specified in Sections V, VI , or VII and the cost of
abatement shall be charged to the owner of the motor vehicle
(and owner or person in control of the property upon which it
is stored. )
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SECTION XIV. Exceptions. The provisions of this ordinance
shall not apply to a junk motor vehicle or junk machinery
stored: (1) outside of public view; or (2) within an auto
salvage yard' or junk yard duly license by this city.
SECTION XV. Penalty. ` Anyone failing to remove or
repair any junk motor vehicle or machinery stored on private
property in violation of Section XI shall be deemed guilty
of a misdemeanor_ and, upon conviction, be subject to
• imprisonment not exceeding thirty (30) days, or a fine not
exceeding one hundred dollars ($100.00) .
SECTION XVI. Repealer. All ordinances or parts of
ordinances in conflict with the provisions of this ordinance
are hereby repealed.
SECTION XVII. Saving Clause. If any section, provision,
or part of this ordinance shall be adjudged to be invalid or
unconstitutional, such adjudication shall not affect the
validity of the ordinance as a whole, or any section,
provision, or part thereof not adjudged invalid or unconstitutional.
SECTION XVIII. When Effective. This ordinance shall be
in effect after its final passage, approval, and publication
as provided by law.
Passed this 8th day of April. , 1981, and
approved the 8th day of April , 1981.
•=111N /I
Ma" ii
ATTEST:
{2chel.
City Clerk
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The foregoing ordinance entitled AN ORDINANCE RELATING
TO ABANDONED AND JUNK MOTOR VEHICLES AND MACHINERY LEFT UPON
THE PUBLIC STREETS AND GROUNDS AND PRIVATE PROPERTY; PROVIDING
FOR THEIR REMOVAL AND DISPOSAL; DECLARING THEIR OPEN STORAGE:..
ON. PRIVATE PROPERTY WHERE NOT AUTHORIZED TO BE A NUISANCE AND
PROVIDING ABATEMENT; AND SETTING A PENALTY FOR VIOLATIONS
HEREOF was published on the 20th day of - April , 1981,
by posting copies thereof in three public places within the
city limits, two of which are the mayor' s office and the
post office.
dc&_,ILL
City Clerk
Councilman Spivey introduced the foregoing Ordinance
which was then read to and duly considered by the Council. Its
adoption was moved by Councilman Spivey , and seconded by
Councilman Madden
On roll call Councilmen Madden, Potter, Spivey, Rohret,
Williams
voted "Aye" . none voted
"Nay" .
Whereupon the mayor declared the motion carried.
Councilman Madden then moved that the rule or llaaw
requiring three readings of this Ordinance on threeMdifferent
dates be dispensed with. On roll call, Councilmen
Potter, Spivey. Rohret. Williams
voted "Aye" . none voted "Nay" .
The Mayor theeclared this Ox r11 duly passed and
adopted on this . "t day .of pri , 1981.
Posted in three places within the corporate limits of
Tiffin, Iowa.
411 ;�.
M. s�ATTEST:
add/L 0.4 1 h
City Clerk
Adelia S. Kern
, City Clerk of Tiffin, Iowa,
do hereby certify that the above is a true and correct copy
of Ordinance No. 1981-97 passed by the City Council of
Tiffin, Iowa, at a regular meeting held on the
8th day of April , 1981.
City Clerk of Tif 1 , Iowa
DATED this 8th day of April , 1981.