§ 54-192. Removal of unauthorized motor vehicles on private property.

(a)

Definitions. For purposes of this section, the following definitions shall be applicable:

Private property means any real property not owned by the federal government, state, city or other political subdivisions.

Unauthorized motor vehicle means any motor vehicle which is not in compliance with state or city laws and regulations, inclusive of, but not limited to, junked or abandoned vehicles.

(b)

Prohibited storage.

(1)

It shall be unlawful for any person owning or having custody of any unauthorized motor vehicle to store or permit any such vehicle to remain on any private property within the city for a period of more than 30 days after the receipt of a notice requiring such removal.

(2)

It shall be further unlawful for any person owning any private property in the city to store or to permit to remain any such vehicle on his property for a period of more than 30 days after the receipt of a notice requiring such removal.

(3)

It shall be unlawful for any person, after notification to remove any junked motor vehicle from any private property, to move the same to any other private property upon which such storage is not permitted, or onto any public highway or other public property for purposes of storage.

(4)

Such storage is declared to be a public nuisance and may be removed and further penalties shall be imposed as provided in this chapter.

(c)

Permitted storage. This section shall not apply to any motor vehicle stored within an enclosed building, or on the premises of a business enterprise operated in a lawful place and manner when necessary to the operation of such business enterprise, in a storage place or depository maintained in a lawful place and manner or seasonal use vehicles such as snowmobiles, motorcycles, motor scooters and nonmotorized campers. Such business enterprises shall include auto junk yards, auto repair and auto body shops.

(d)

Notice of removal. The department of health and department of public works shall be the enforcing authorities of this section. Whenever the department of health or department of public works is notified, in writing, that any unauthorized motor vehicle has been stored or permitted to remain on any private property within the city, they shall conspicuously affix to the vehicle, in writing, a notice which shall inform the owner or agent that such vehicle is in violation of this section and further advising that they have 30 days in which to remove the unauthorized vehicle from the premises or same shall be removed to an authorized auto pound and the imposition of further penalties. Prior to removal of the vehicle, the enforcing authorities shall send by certified mail a notice to the owner of record of such motor vehicle, if such owner can be ascertained by the exercise of reasonable diligence, and also to the owner of the private property, as shown on the tax assessment records of the city on which the same is located, to remove the unauthorized motor vehicle within 30 days.

(e)

Penalties. Failure to remove the unauthorized vehicle within 30 days of notice shall result in the vehicle being towed to an authorized auto pound. Further a summons shall be issued to the owner of the property, to appear at municipal court on the date stated therein, and if found guilty of violating the provisions of this section, the owner of the private property shall be guilty of a misdemeanor and upon conviction shall be subject to a fine or to imprisonment or both such fine and/or imprisonment as set by section 1-13 of this Code, or shall alternatively be subject to whatever civil liabilities, penalties or remedies the law may prescribe.

(M.C.S., Ord. No. 17,639, § 1, 7-3-96)