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HomeMy WebLinkAbout2021-06-30-4021 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. §402.1 Purpose. The purpose of this ordinance is to protect the health, safety and welfare of the citizens and safety of property of this city by providing for removal of abandoned motor vehicles and the elimination of the open storage of abandoned and junk motor vehicles and machinery except in places authorized. §402.2 Definitions. For use in this ordinance, the following terms are defined: A. The term "abandoned vehicle" shall mean any of the following: 1. 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 (2) or more wheels or other structural parts which renders the vehicle totally inoperable, or 2. A motor vehicle that has remained illegally on public property for more than fifteen (15) days, or 3. 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 4. A motor vehicle that has been legally impounded by order of the chief of police and has not been reclaimed for a period of thirty (30) days. B. The term "junk motor vehicle or junk machinery" shall mean any motor vehicle stored within the corporate limits of Waukee, Iowa, not licensed for the current year as required by law, and which because of any one of the following characteristics, constitutes a threat to the public health and safety: 1. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass. 2. Any vehicle with a broken or loose fender, door, bumper, hood, hood ornament, door handle, window handle, running board, steering wheel, trunk top, trunk handle, radio aerial, tail pipe or decorative piece. 3. Any vehicle which has become the habitant or rats, mice, or snakes, or any 2 other vermin or insects. 4. Any vehicle which contains gasoline or any other flammable fuel. 5. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety. §402.3 Removal of Abandoned Motor Vehicles. The city police may remove and impound any abandoned motor vehicle whether in operable or totally inoperable condition as defined by Section 402.2A 1. Impoundment shall be in any city-owned garage or area, or in any privately-owned public garage or area designated by the city council. §402.4 Notice to Owner and Lienholders. The city police shall notify by certified mail within three (3) days of having taken possession of the abandoned operable motor vehicle, the last known registered owner of the motor vehicle and all lienholders of record, addressed to their last known address of record that the abandoned motor vehicle has been taken into custody. Notice shall be deemed given when mailed. Notice shall described the year, make, model and serial number of the motor vehicle, set forth the location of the facility where it is being held, inform the owner of 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 of lienholders to exercise their right to reclaim the motor vehicle within the time provided shall be deemed 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 not exercise their right, they shall have no further right, title, claim or interest in or to such motor vehicle, as provided by law. A. 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 to determine with reasonable certainty the identity and addresses of all lienholders, notice by one publication in one newspaper of general circulation in this city shall be made by the city police and multiple listings may be included in said notice if they are subject to the same time limits, and the same information as prescribed for mailed notice shall be included. B. The owner of any lienholder may, by written request deliver to the police chief prior to the expiration of the fourteen (14) day reclaiming period, obtain an additional fourteen (14) days within which the motor vehicle may be reclaimed. §402.5 Impoundment Fees. The owner of lienholder shall pay three (3) dollars if claimed within five (5) days of impounding, plus one dollar for each additional day within the reclaiming period plus towing charges if stored by the city, or upon payment of the 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 3 resolution of council, before the provisions of this ordinance are carried out by the police. §402.6 Auction of Operable Vehicles. If an abandoned motor vehicle which is operable has not been reclaimed as provided by Section 402.4, the police chief shall make a determination as to whether or not the motor vehicle should be sold for use upon the highways. If 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 or if sold to a demolisher no further titling of the motor vehicle shall be permitted. Proceeds from any sales shall apply to the cost of towing, preserving, storing and notification required, in accordance with state law, and any balance shall be disposed of as required by law. Where the sale of any vehicle fails to realize the amount necessary to meet costs, the police chief shall apply for reimbursement from the state as provided by law. §402.7 Inoperable Abandoned Vehicles. Any totally inoperable abandoned vehicle as defined in subsection A 1 of Section 402.2 of this ordinance or any such inoperable vehicle left on private property shall be disposed of by the city police to a demolisher unless he deems it practicable to sell it as provided in Section 402.6 of this ordinance. A sale to a demolisher shall not require the notification procedures or public auction, but the police chief 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 is faulty, lost or destroyed, may, without notification procedures, dispose of such motor vehicle if it lacks an engine, or two (2) or more wheels, or other structural part which renders the vehicle totally inoperable, to a demolisher for junk without the title. §402.8 Duties of Demolisher. Any demolisher whose purchases or otherwise acquires an abandoned motor vehicle for junk shall junk, scrap, wreck, dismantle or otherwise demolish such a motor vehicle. When a demolisher acquires a motor vehicle under Section 402.6 or 402.7 of this ordinance, the demolisher shall apply to the city police for a certificate to demolish the vehicle. The application shall include the name and address of the applicant, the year, make, model and serial number of the motor vehicle. After the motor vehicle has been demolished, processed or changed so that it physically is no longer a motor vehicle, the demolisher shall surrender the auction sales receipt or certificate of authority to dispose of or demolish a motor vehicle to the state department of public safety for cancellation. §402.9 Junk Vehicles and Machinery a Nuisance. It is hereby declared that storage within the corporate limits 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 402.13 of this ordinance, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk motor vehicle or machinery is stored upon private property in violation hereof, the owner of said motor vehicle (who is the owner or person in control of the property upon which it is stored) shall be prima facie liable for said violation. 4 §402.10 Notice of 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 402.9, the police chief shall within ten (10) days notify by certified mail the owner of said motor vehicle or other property owner that: A. The motor vehicle constitutes a nuisance under the provisions of this ordinance; B. That the owner must remove or repair the motor vehicle or machinery in accordance with the terms of Section 402.10 of this ordinance; and C. 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. §402.11 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 violates the provisions of Section 402.9 must within ten (10) days after receipt of written notice from the police chief 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 repair the defects which cause such motor vehicle or machinery to violate the provisions of this ordinance, including licensing if a motor vehicle is not currently licensed. §402.12 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 of Section 402.10, the city police shall abate such nuisance by causing the motor vehicle to be removed and impounded and sold or disposed of as specified in Sections 402.5, 402.6 or 402.7 and the cost of abatement shall be charged to the owner of the motor vehicle or other property owner. §402.13 Exceptions. The provisions of this ordinance shall not apply to a junk motor vehicle or junk machinery stored within: A. A garage or other enclosed structure; or B. An auto salvage yard or junk yard duly licensed by this city. §402.14 Penalty. Anyone failing to remove or repair any junk motor vehicle or machinery stored on private property in violation of Section 402.11 shall be deemed guilty of a simple misdemeanor and, upon conviction, be subject to imprisonment not exceeding thirty (30) days, or a fine not exceeding $100.