In order to promote public health, safety and welfare, the Governing body of the City finds it necessary to substantially restrict the placement of vehicles as defined herein on real property and to require the removal of vehicles which may:

(a)   Constitute breeding grounds for flies, mosquitoes and other insects, rats, mice and other rodents and skunks;

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

(c)   Impair fire protection by blocking access for fire suppression equipment to adjacent buildings or structures;

(d)   Encourager pilfering and theft; or

(e)   Constitute a blighting-influence upon the area in which they are located, thereby causing a diminution in value of the surrounding property.

(Ord. 288; Ord. 299; Code 2018)

It shall be unlawful for a person to cause, maintain, permit or allow the creation or maintenance of any vehicle nuisance within city limits. A vehicle nuisance is any inoperable vehicle as defined in this chapter, which is placed, parked or stored on any real property owned or occupied by such person within the city limits except as permitted in by City ordinance.

(Ord. 288; Ord. 299; Code 2018)

Vehicles may be placed, parked or stored on a residential property only under the following circumstances:

(a)   One inoperable vehicle, fix-up or repair vehicle, may be located on a designated driveway or inside a garage on the residential property for a period not to exceed 30 days; “Fix-up or Repair Vehicle” means any motor vehicle that is normally used for daily use, but that is temporarily unable to perform its normal function. Such vehicle must have a current registration plate;

(b)   No more than one personal interest vehicle may also be located on the property per residence, and covered with a car cover or completely screened by a six-foot solid fence or by the natural terrain. Personal interest vehicles may not be located within the required front yard or required side yards as determined by the City Zoning Regulations, and not within the view of the motoring public. There is no limit to the number of personal interest vehicles that may be stored when completely enclosed within a garage;

(c)   “Personal interest vehicle” means any vehicle as described below:

(1)   “Parts Car” means a motor vehicle generally not in operable condition which is owned by a collector to furnish parts which will enable the collector to restore, preserve and maintain a Special Interest Vehicle, Street Rod Vehicle, Restoration Vehicle or Antique Vehicle;

(2)   “Special Interest Vehicle” means a motor vehicle which is at least 20 years old and which may or may not have been altered or modified from the original manufacturer’s specification. “Special Interest Vehicle” also means any vehicle manufactured before 1949 that when altered or modified is referred to as a “Street Rod”; and must have a current license plate.

(3)   “Antique Vehicle” means any vehicle that is at least 35 years old; and must have a current license plate.

(4)   “Sport or Racing Vehicle” means any vehicle in operable or inoperable condition specifically adapted or designed for operation on drag strips, raceways or streets, equipped with performance modifications or appearance modifications including but not limited to custom paint, special body additions, spoilers, custom wheels, etc.;

(5)   “Restoration Vehicle” means any motor vehicle in which any or all major components are to be restored to original or working condition to enable the motor vehicle to perform in the manner for which it is was designed; when restored, the vehicle must have a current license plate.

(Ord. 288; Ord. 299; Code 2018)

(a)   When the Code Official determines that an inoperable vehicle is placed, parked or stored in violation of this article, or that the location or condition of such vehicle endangers public safety, health or welfare, he or she may order such vehicle to be repaired, removed or the violation otherwise cured within a time period specified in such order.

(b)   Any order issued pursuant to this section shall be personally delivered to the owner or occupant, if known, of the property upon which such vehicle is located. If such order cannot with the exercise of reasonable diligence be so delivered, then service shall be made by leaving a copy of the order in some conspicuous place upon the property and mailing a notice that such copy has been left upon property to such individual or individuals by first class mail. Nothing in this subsection (b) shall be construed to prevent the Building Official from promptly removing a vehicle which, in his or her judgment, poses an immediate threat of serious injury or death.

(c)   In the event the owner or occupant of residential property fails or refuses to comply with an order to remove or make safe a vehicle nuisance, the Building Official may remove and dispose of such vehicle (or may contract with some third party to remove and dispose of the vehicle). Inoperable vehicles removed by Building Official and treated as impounded vehicles may be sold or otherwise disposed of by law. Proceeds from the disposition of an inoperable vehicle by the City shall be applied against the cost of removal and disposition; any excess shall be refunded to the registered owner of the vehicle, if known, or to the owner of the property from which it was removed, if known. If neither the owners of the vehicle nor the owner of the property can be located, such proceeds shall be deposited to the City’s general fund; provided, that the owner of the vehicle or of the property from which it was removed may apply for the refund of any excess proceeds from the disposition thereof within one year from the date of impoundment. Any unreimbursed costs attributable to removal and disposition of an inoperable vehicle by the City may be certified to the County Clerk and levied as a special assessment against the real property from which such vehicle was removed. The City Clerk shall certify the same to the County Clerk for extension on the tax rolls of the County against such real property in the same manner as other special assessments. In the event a third party removes and disposes of such vehicle the City shall prepare a statement of cost incurred in the abatement. The City shall give notice to the owner or agent by restricted mail of the total costs of such abatement or removal incurred by the city. Such notice shall state that payment of such costs is due and payable within thirty (30) days following receipt of such notice. If the cost of such removal or abatement and notice is not paid within the thirty (30) day period, the cost shall be assessed and charged against the lot or parcel of ground on which the nuisance was located.

(Ord. 280; Code 2018)