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0141 Abandoned Vehicles 1975ORDINANCE NO. 141 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, GOVERNING ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE MOTOR VEHICLES; DEFINING THE TERMS USED IN THIS ORDINANCE; PROHIBITING AS A NUISANCE THE STORING, PARKING, LEAVING OR ABANDONING OF WRECKED, DISMANTLED OR INOPERATIVE MOTOR VEHICLES; FIXING RESPONSIBILITY FOR REMOVAL OF SUCH VEHICLES; PROVIDING FOR NOTICE AND HEARING PRIOR TO DISPOSITION OF SUCH VEHICLES BY THE CITY; AUTHORIZING DISPOSITION BY DESTRUCTION OR PUBLIC SALE; PERMITTING REDEMPTION OF IMPOUNDED VEHICLES; PROVIDING FOR SPECIAL PERMIT AND FEE; SPECIFYING PENALTIES FOR VIOLATION OF THIS ORDINANCE; PROTECTING THE REMAINING PROVISIONS OF THIS ORDINANCE IF ONE PROVISION SHOULD BE HELD INVALID; REPEALING ALL OTHER ORDINANCES IN CONFLICT WITH THIS ORDINANCE, TO THE EXTENT OF SUCH CONFLICT; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: SECTION 1: Definitions. For the purposes of this capacity. tions, shall have the meanings ascribed herein. When not in- consistent with the context, words used in the present tense shall include the future, plural words shall include the singu- lar, and singular words shall include the plural. The word "shall" is always mandatory and not merely directory. "City" shall mean the City of Chubbuck, Idaho. "Director of traffic" shall mean the Chief of Police or other city employee designated by the Mayor to serve in this c. "Motor vehicle" shall mean any vehicle which is self-propelled and/or designed to travel along the ground, on water or through the air, including, but not limited to, aircraft, watercraft, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, tractors, go-carts, and golf carts, or appur- tenances thereto, such as campers and trailers which are not in- habited or affixed to a foundation. d. "Junked motor vehicle" is any motor vehicle, as defined above, which does not have lawfully affixed thereto both an unexpired license plate or plates and a current motor vehicle ordinance, the following terms, phrases, words and their deriva- safety inspection certificate, and/or the condition of which is wrecked, dismantled, partially dismantled, inoperative, abandoned or discarded. e. "Person" shall mean any person, firm partnership, association, corporation, company, 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. "Public property" shall mean any street or highway including 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: Pro'hibition 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, dismantled, partially dismantled, inoperative, or junked condition, whether attended or not, upon any public or private property within the City for a period of time exceeding twenty-four (24) hours. The presence of an abandoned, wrecked, dismantled, partially dismantled, in- operative, 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 completely 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 -2- 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: Respon~sibili~ty. Upon proper notice and opportunity to be heard as specified below, the owner of an abandoned, wrecked, dismantled, partially dismantled, inoper- ative, 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 satis- factorily appears 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 subsequent acquiescence. SECTION 4: Notice and hearing. Whenever it comes to the attention of the director of traffic that any nuisance as defined in Section 2 above exists within the City, a notice in writing shall be served upon the occupant of the property where the nuisance exists, or in case there is no such occupant then upon the owner of the property or his agent, notifying him of the existence of the nuisance and requesting its removal within fifteen (15) days following issuance of the notice. The notice shall further advise that upon failure to comply with its terms, the City or its designee shall undertake such removal with the costs incurred thereby to be levied against the owner of the vehicle and/or the owner or occupant of the property. If the owner of the vehicle, and the owner or occupant of the property, cannot be located personally, it shall consitute sufficient notice if a copy of the same is posted in a conspicuous place -3- upon the property and duplicate copies of the notice are sent by certified mail to the owner of the vehicle and the owner or occupant of the property, if known, at their last known addresses. Persons to whom notices are directed, or their duly authorized agents, may file a written request for hearing before the Chubbuck City Council within the 15-day period prescribed herein, for the purpose of showing cause why they should not be required to comply with the terms of this ordinance. Such hearing shall be held at the next regularly scheduled meeting of the Chubbuck City Council at least five (5) days after the filing of the request for hearing, and the persons to whom notices are directed shall be advised of the time and place of said hearing at least three (3) days in advance thereof. The time remaining for compliance with the notice shall be tolled upon the filing of a request for hearing and shall not again commence to run until the hearing has been conducted and the City Council has issued its decision. At any such hearing, the City and the persons to whom notices have been directed may introduce such witnesses and evidence as either party deems necessary. Notwithstanding the foregoing provisions of this section, if the director of traffic reasonably determines that the condition and location of a junked motor vehicle are such that the vehicle re- presents a clear, present and serious hazard to life or health, he shall, without delay, attempt to ascertain the identity of its owner or of the owner or occupant of property on which it is found, and shall personally serve upon such person(s) a written demand that the vehicle be removed within twenty-four (24) hours. If the identity of such person(S) cannot be readily ascertained, or if there is a failure to comply with the demand for removal, the director of traffic may remove and impound the vehicle as provided below, and shall give notice of such action in the manner prescribed above. Opportunity for hearing following notice shall be granted as provided above, except that the person(s) re- -4- ceiving notice may request, and shall receive upon request, a accelerated hearing before a quorum of the Chubbuck City Council at a special meeting conducted no later than five (5) days after filing the request' for such hearing. SECTION 5: Removaland impoundment., bY Cit~. If the violation described in the notice has not been remedied within the 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 question and remove it from the premises where it is located. It shall be unlawful for any person to interfere with, hinder ~or deny access to the director of traffic or his de- signee attempting to remove a vehicle as authorized by this ordinance. Within forty-eight (48) 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 6: Disposition. If ten days elapse after re- moving 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 loca- tion and appraised value of the vehicle. The director of traffic may then summarily dispose of the vehicle and execute an appro- priate certificate of sale or destruction. One copy of such certificate shall be filed with the City Clerk and another copy -5- shall be forwarded to the Idaho Transportation Department, Division of Motor Vehicles. If the vehicle is appraised 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 impounded property in the possession of the City, (b) a description of the vehicle, including make, model, license number (if any) and other information 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 price, the director of traffic shall execute an appropriate cer- tificate of sale, the original to be given to the purchaser, one copy to be filed with the City Clerk, and another copy to be for- warded 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 assert- ing 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 interest, and payment to the City Clerk of such sum as the director of traffic shall determine and fix for the actual and reasonable expense of removal and storage~ plus any preliminary sale advertising expenses already incurred° Removal and storage fees, reflecting the City's actual costs, shall be posted in the office of the director of traffic and shall be made available for public inspection° -6- SECTION 8: Special Permit and Fee. Upon application of any person for a special permit, accompanied by payment in cash, 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 valid for a period not exceeding thirty (30) days° If subsequent in- spection by the director of traffic or his designee discloses that the unused salvage has been removed and/or the motor vehicle re- paired by the permittee, the fee herein specified shall be re- funded; but if such salvage has not been removed and/or the motor vehicle repaired within the specified time period, the director of traffic or his designee may enter upon the property and cause the same to be removed, retaining the permit fee for the cost thereof. It shall be unlawful for any person to interfere with, hinder or deny access to the director of traffic or his designee attempting to perform the duties prescribed by this section. Section 9: Penalties. a. Upon failure of compliance with this ordinance by the owner of a motor vehicle or by the owner or occupant of prop- erty 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 removal, including litigation costs and a reasonable attorney's fee. In addition, as part of or separately from the civil action, the City may cause a lien or special assessment to be placed directly upon the property where the vehicle was located for the amount of such expenses. b. Any violation of a provision of this ordinance shall be unlawful and punishable as a misdemeanor. Each day that such violation continues with respect to each motor vehicle may be -7- deemed a separate offense. Prosecution for such offense shall not ~preclude a civil action for recovery of costs as provided above° SECTION 10: Invalidation Clause. If any section, para- graph, clause or provision of this ordinance is held invalid by any court of competent jurisdiction, for any reason, such holding shall not affect the validity or enforceability of any of the remaining provisions. SECTION 11: Repeal of Conflicting Ordinances° Ail prior ordinances and parts thereof, which conflict with the pro- visions of this ordinance, are hereby repealed to the extent of such conflict. SEGTION 12: Effective Date. The rule requiring an ordinance to be read on three separate days is hereby dispensed with, and this ordinance shall become effective upon its approval and publication as provided by law. PASSED BY THE MAYOR AND COUNCIL of the City of Chubbuck, day of -.jzf ~!~z~r~6.~iJ~. , 1975. Mayor Idaho, this ATTEST: City Clerk -8-