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HomeMy WebLinkAbout01 24 1975 Abandoned Vehiclecertified check or money order of the sum of TWENTY FIVE DOLLARS ($25.00), the director of traffic shall cause a permit to be issued for salvage of parts for one motor vehicle and -or for necessary repair of an existing motor vehicle. Such permit shall be va I id for a period not exceeding thirty (30) days. If subsequent inspection by the director of traffic or his designee discloses that the unused salvage has been removed and -or the motor vehicle repaired by the permittee, the fee herein specified shall be refun- ---------------------------------------- ded; but if such salvage has not been removed and -or the motor She vehicle repaired within the 's: That ------------- I -------_------ specified time period, the director of traffic or his designee may of the United States of enter upon the property and cause the same to be removed, retaining Principal Clerk of THE the permit fee for the cost thereof. It shall be unlawful for any person printed and published at to interfere with, hinder or deny fess to the director of traffic or n a general circulation hi signee attempting to per- his 01 - duties prescribed by this Form tht section. l: Penalties. .3ECTIG J 5 :re of compliance of which is attached, was .a;. Upr,n failu. .p by the owner With tr ordinanc, , ..hp 7,Axi, � 1\L, on the following dates, of a motor vehicle or by , - .,,, ,_ or occupant of property from which such vehicle has been removed by the City, the City may file a civil action against any or all of them to recover the unpaid expenses incurred by such ------------- ------------------ 19.. - removal, including litigation costs and a reasonable attorney's fee. In addition, as part or separately ---------------------- , 19 --.- from the civil action, the City may cause a lien or special assessment to be placed directly _ere the 19 - vehi�the ------------- - cle wasrolocatedhfor the amount of such expenses. b. Any violation of a provision of ------ . ------------------ ----- -' 19__ this ordinance shall be unlawful and punishable as a misdemeanor. Each day that such ------------------------------- 19 ------ violation continues with respect to each motor vehicle may be deemed a separate offense. DIY and uninterruptedly pub - Prosecution for such offense shall not preclude a civil action for 'nty-eight weeks prior to the recovery of costs as provided above. nt and is a newspaper within SECTION 10: Invalidation Clause. If any section, paragraph, clause or provision of this ordinance is held invalid by any court of- competent jurisdiction, for any reason, Such ��........................... holding shall not affect the validityorenforceability ofany of 2hth the remaining provisions. uS........ SECTION 11: Repeal of Con- flicting Ordinances. All prior ordinances and parts thereof, which conflict with the provisions Of this ordinance, are hereby repealed to the extent of such conflict. SECTION 12: Effective Date. =7i The rule requiring an ordinance to be read on three separate days is Notary Public, State of Idaho hereby dispensed with, and this ordinance shall become effective Residence: Pocatello, Idahc upon its approval and publication as provided by law. ANDSSED BY COUNCIL off he CityofChubbuck, Idaho, this 14th day of January, 1975. -s- John O. Cotant, Jr. Mayor ATTEST: S- Vera C. Armstrong City Clerk an- 24, 1975 Na. 885 removal WiTnin tirteen Sill says following issuance of the notice. The notice shall further advise that upon failure to comply with Fits terms, the City or its designee shall undertake such removaL WITH THE COSTS INCURRED THEREBY TO BE LEVIED AGAINST TME OWNER OF THE VEHICLE AND+OR THE STATE OF IDAHO OWNER OR OCCUPANT OF THE PROPERTY. If the owner of County of Bannock the vehicle, and the owner or occupant of the property, cannot be located personally, it shall nnstitute sufficient notice if a AN ORDINANCE OF THE CITY -op, "'' same is posted in a OF CHUBBUCK, IIDA HO,5 •" conspicuous place upon the GOVERNING ABANDONED; ; I;roperty and "Uplicate copies of WRECKED, DISMANTLED OR the notice are S`nt by certified I N O P E R A T I V E MOTOR trail to the owner Ofthe vehicle VEHICLES; DEFINING THE and the owner or occtiipant of the TERMS USED IN THIS OR- property, if known, at t,eir last DINANCE; PROHIBITING AS A known addresses. Perso,,'s to NUISANCE THE STORING, Whom notices are directed, or PARKING, LEAVING OR their duly authorized agents, may ABANDONING OF WRECKED, file a written request for hearing D I S M A N T L E D O R before the Chubbuck City Council I N O P E R A T I V E M 0 T 0 R within the 15 -day period VEHICLES; F I X I N G prescribed herein, for the purpose R E S P O N S I B I L I T Y FOR of showing cause why they REMOVAL OF SUCH should not be required to comply VEHICLES; PROVIDING FOR with the terms of this ordinance. NOTICE AND HEARING PRIOR Such hearing shall be held at the TO DISPOSITION OF SUCH next regularly scheduled meeting VEHICLES BY THE CITY; of the Chubbuck City Council of AUTHORIZING DISPOSITION least five (5) days after the filing BY DESTRUCTION OR PUBLIC ofthe request for hearing, and the S A L E; P E R M I T T I N G persons to whom notices are REDEMPTION OF IM_ directed shall be advised of the POUNDED VEHICLES; time and place of said hearing at PROVIDING FOR SPECIAL least three (3) days in advance PERMIT AND FEE; thereof. The time remaining for SPECIFYING PENALTIES FOR compliance with the notice shall VIOLATION OF THIS OR. be tolled upon the filing of a DINANCE; PROTECTING THE request for hearFng and shall not REMAINING PROVISIONS OF again commence to run until the THIS ORDINANCE IF ONE hearing has been conducted and PROVISION SHOULD BE HELD the City Council has issued its INVALID; REPEALING ALL decision. At any such hearing, the OTHER ORDINANCES IN City and the persons to whom CONFLICT WITH THIS OR- notices have been directed may DINANCE, TO THE EXTENT OF introduce such witnesses and SUCH CONFLICT; AND evidence as either.• party deems PROVIDING WHEN THIS OR- necessary. DINANCE SHALL BECOME Notwithstanding the foregoing EFFECTIVE, provisions of this section, if the BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE director of traffic reasonably determines that the condition and CITY OF CHUBBUCK, IDAHO: locationof a junked motor vehicle SECTION 1: Definitions. For the purposes of this ordinance, the are such that the vehicle represents a clear, present and following terms, phrases, words serious hazard to life or health, he and their derivations, shall have shall, without delay, attempt to the meanings ascribed herein, ascertain the identify of its owner When not inconsistent With the or of the owner or occupant of context, words used in the present property on which it is found, and tense shall include the future, shall personally service upon such Plural words shall include the person(s) a written demand that singular, and singular words shall the vehicle be removed within include the plural. The word twenty-four (24) hours. If the "shall" is always mandatory and identity of such person (s) cannot not merely directory. be readily ascertained, or if there a. "City" shall mean the City of is a failure to comply with the Chubbuck, ldaho, demand for removal, the director b. "Director of Traffic" shall Of traffic may remove and im- mean the Chief of Police or other pound the vehicle as provided city employee designated by the below, and shall give notice of Mayor to serve in this capacity, Such action in the manner C. "Motor vehicle" shall mean prescribed above. Opportunity for any vehicle which is self- hearing following notice shall be Propelled and -or designed to granted as provided above, ex - travel along the ground, on water cept that the person (s) receiving or through the air, including, but notice may request, and shall not limited to, aircraft, water- craft, automobiles, buses, motor receive upon request, a ac - celerated hearing before bikes, motorcycles, motor scooters, trucks, tractors, a quorum of the Chubbuck City Council at a special go- carts, and golf carts, or ap- meeting conducted no later than five (5) purtenances thereto, such as days after filing the request for campers and trailers which are such hearing. not inhabited or affixed to a SECTION 5: Removal and foundation. impoundment d. "Junked by City. If the motor vehicle" is violation described in the notice J has not been remedied within the certified check or money order of the sum of TWENTY FIVE DOLLARS ($25.00), the director of traffic shall cause a permit to be issued for salvage of parts for one motor vehicle and -or for necessary repair of an existing motor vehicle. Such permit shall be va I id for a period not exceeding thirty (30) days. If subsequent inspection by the director of traffic or his designee discloses that the unused salvage has been removed and -or the motor vehicle repaired by the permittee, the fee herein specified shall be refun- ---------------------------------------- ded; but if such salvage has not been removed and -or the motor She vehicle repaired within the 's: That ------------- I -------_------ specified time period, the director of traffic or his designee may of the United States of enter upon the property and cause the same to be removed, retaining Principal Clerk of THE the permit fee for the cost thereof. It shall be unlawful for any person printed and published at to interfere with, hinder or deny fess to the director of traffic or n a general circulation hi signee attempting to per- his 01 - duties prescribed by this Form tht section. l: Penalties. .3ECTIG J 5 :re of compliance of which is attached, was .a;. Upr,n failu. .p by the owner With tr ordinanc, , ..hp 7,Axi, � 1\L, on the following dates, of a motor vehicle or by , - .,,, ,_ or occupant of property from which such vehicle has been removed by the City, the City may file a civil action against any or all of them to recover the unpaid expenses incurred by such ------------- ------------------ 19.. - removal, including litigation costs and a reasonable attorney's fee. In addition, as part or separately ---------------------- , 19 --.- from the civil action, the City may cause a lien or special assessment to be placed directly _ere the 19 - vehi�the ------------- - cle wasrolocatedhfor the amount of such expenses. b. Any violation of a provision of ------ . ------------------ ----- -' 19__ this ordinance shall be unlawful and punishable as a misdemeanor. Each day that such ------------------------------- 19 ------ violation continues with respect to each motor vehicle may be deemed a separate offense. DIY and uninterruptedly pub - Prosecution for such offense shall not preclude a civil action for 'nty-eight weeks prior to the recovery of costs as provided above. nt and is a newspaper within SECTION 10: Invalidation Clause. If any section, paragraph, clause or provision of this ordinance is held invalid by any court of- competent jurisdiction, for any reason, Such ��........................... holding shall not affect the validityorenforceability ofany of 2hth the remaining provisions. uS........ SECTION 11: Repeal of Con- flicting Ordinances. All prior ordinances and parts thereof, which conflict with the provisions Of this ordinance, are hereby repealed to the extent of such conflict. SECTION 12: Effective Date. =7i The rule requiring an ordinance to be read on three separate days is Notary Public, State of Idaho hereby dispensed with, and this ordinance shall become effective Residence: Pocatello, Idahc upon its approval and publication as provided by law. ANDSSED BY COUNCIL off he CityofChubbuck, Idaho, this 14th day of January, 1975. -s- John O. Cotant, Jr. Mayor ATTEST: S- Vera C. Armstrong City Clerk an- 24, 1975 Na. 885 any motor vehicle, as defined above, .which does not have lawfully affixed thereto both an unexpired license plate ar plates and a current motor vehicle safety inspection certificate, and - or the condition of which is wrecked, dismantled, partially dismantled, inoperative, aban- doned or discarded. e. "Person" shall mean any person. firm partnership, association, corporation, com. parry, or organization of any kind. f. "Private property" shall mean any real property within the City which is privately owned and which is not public property as defined below. G. llpublic property" shall mean any street or highway in- cluding the entire width between the boundary lines of every road or way publicly maintained for the purposes of vehicular travel, and shall also mean any other real property or facility owned or operated by any government agency. SECTION 2: Prohibition and Declaration of Nuisance. No person shall park, store, leave, abandon, or permit the parking, storing, leaving, or abandonment of any motor vehicle of any kind which is in a wrecked, disman- tled, partially dismantled, inoperative, or junked condition, whether attended or not, upon any public or private property within the City for a period of time ex- ceeding twenty-four (24) hours. The presence of an abandoned, wrecked, dismantled, partially dismantled, inoperative, rusted -or junked vehicle, or parts thereof, on private or public property is hereby declared to be'a nuisance in that it represents a serious hazard to the public health, safety, convenience and welfare of the residents of the City. Such nuisance may be abated as provided below. This section shall not apply to any vehicle Com- pletely enclosed within a building on private property or to any vehicle held in connection with a business enterprise, lawfully licensed by the City and located in an area where such a business is permitted by the zoning laws of the City. This section also shall not apply to any motor vehicle in operable condition specifically adapted or designed for operation on drag strips or raceways, or to any vehicle which is in the process of restoration and which the owner certifies by affidavit, filed with the director of traffic, to be a bonafide collector's item. SECTION 3: Responsibility. Upon proper notice and op- portunity to be heard as specified below, the owner of an aban- doned, wrecked, dismantled, partially dismantled, inoperative, or junked motor vehicle, and the owner or occupant of the private property on which such vehicle is located, either or all of them, shall be responsible for its prompt removal. In the event of removal and disposition by the City, the owner of the vehicle, and -or the owner or occupant of the private property where the vehicle is located, shall be liable for the expenses incurred; provided, that such liability shall not attach to the owner or occupant of the property if it satisfactorily ap- pears to the director of traffic that the motor vehicle in question was placed on said property without the owner's or occupant's prior knowledge, permission, or sub- sequent acquiescence. cFrTIrl N. e - Nntire and compliance period, or if a hearing has been conducted and the compliance period has expired following affirmance of the violation by the City Council, the director of traffic or his designee, is authorized to take possession of the motor vehicle in queston t from the premisnd es where s � seswheretlocated. It shall be unlawful for any person to interfere with, hinder or deny access to the director of traffic or his designee attempting to remove a vehicle as authorized by this ordinance. Within forty-eight (46) hours of the removal of such vehicle, the director of traffic shall give notice to the owner of the vehicle and also to the owner or occupant of the property from which the vehicle was removed, if known, that said vehicle has been impounded and stored for violation of this ordinance. The notice shall specify the location where the vehicle is stored,`and state the costs incurred by the City for its removal and storage. SECTION b: Disposition. If ten days elapse after removing a vehicle and giving notice as authorized above, during which the vehicle has not been claimed and the City's costs paid, the City shall cause the vehicle to be appraised. If the vehicle is appraised at $75.00 or less, the dIrector of traffic shall execute an affidavit so attesting and describing the vehicle, including The numbers of the license plates, if any, and stating the location and appraised value of the vehicle. The director of traffic may then summarily dispose of the vehicle and execute an ap• propriate certificate of sale or destruction. One copy of such certificate shall be filed with the City Clerk and another copy shall be forwarded to the Idaho Transportation Department, Division of Motor Vehicles. If the vehicle is apopraised in excess of $75.00, the director of traffic shall give notice of public sale not less than ten (10) days before the date of the proposed sale. Such notice of sale shall include (a) a statement that the sale is of im- pounded property in the possession of. the City, (b) a description of the vehicle, in- cluding make, model, license number (if any) and other in- formation which will accurately identify the vehicle, (c) a statement of the terms of sale, and (d) a recitation of the date, time and place of sale. The vehicle shall be sold to the highest and best bidder. At the time of payment of the purchase pry e, the director of traffic shall execute an appropriate certificate of sale, the original to be given to the purchaser,one copy to be filed with the City Clerk, and another copy to be forwarded to the Idaho Transportation Department, Division of Motor Vehicles. Should the sale for any reason be invalid, the City's liability shall be strictly limited to return of the purchase price. SECTION 7: Redemption. The owner of, or person assertina a lien or secured interest in, any vehicle impounded under the provisions of this ordinance may redeem such vehicle at any time after its removal but prior to its sale or destruction upon proof of ownership, lien or secured in- terest, and payment to the City Clerk of such sum as the director of traffic shall determine and fix for the actual and reasonable