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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. I � . 3 i\ A 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 • 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. ) 2 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 • 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.