HomeMy WebLinkAbout0141 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
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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
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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-
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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
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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°
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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
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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
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