300 North Westminster St. Waynesfield, OH 45896
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Junk Vehicle

ORDINANCE 01-04-1 PROHIBITIONS AGAINST JUNK MOTOR VEHICLES

 

For purposes of this section, the following definitions shall apply:

  1. “Junk Motor Vehicle” means any motor vehicle meeting any three of the following criteria:
  2. Five years or older.
  3. Partially dismantled.
  4. Inoperable
  5. Fair market value of less than One Thousand Five Hundred and 00/100 Dollars, ($1500.00)
  6. Unlicensed or improperly licensed.

“Partially dismantled” means, but is not limited to the following:

  1. Missing engine.
  2. Missing battery.
  3. Missing transmission
  4. Missing door, fenders or hood
  5. Missing wheels or on blocks
  6. Missing tires or deflated tires
  7. Missing or broken windshield or windows

“Inoperable” means any motor vehicle incapable of being propelled under its own power. Any motor vehicle that has not been moved for thirty consecutive days shall be presumed to be inoperable.

“Collector’s vehicle” means any motor vehicle or agricultural tractor or traction engine of special interest having a fair market value of One Thousand Five Hundred Dollars, ($1500.00) or more, whether operable or not, that is owned, operated, collected, preserved, restored, maintained or used essentially as a collector’s item, leisure pursuit or investment, but not as the owner’s principal means of transportation.

Now vehicle owner, person in charge or control of any premises, or the owner of any premises within the Village, whether as owner, tenant, lessees, occupant or otherwise, shall allow any junk motor vehicle to remain upon any premises longer than ten days after receipt of written notice to remove the junk motor vehicle from such premises. The written shall be issued to the property owner and/or the owner of such vehicle by an officer of the Police Department or by the Code Official. Such written notice shall contain:

  1. The name of the property owner
  2. The property address at which the junk motor vehicle is located
  3. The make and model of the vehicle
  4. The license plate number, if any
  5. The vehicle identification number (VIN), if available
  6. A description of the condition of said vehicle
  7. A statement to the effect that the owner or person in charge or in control of the private property upon which such vehicle is located and the titled owner of such are jointly and severally liable for all costs incurred by the Village for the removal, storage and disposal of such vehicle, plus and administrative fee of One Hundred Dollars, ($100.00), per vehicle

The Chief of Police may sent notice, by certified mail with return receipt requested, to the owner or person having the right to the possession of the property on which a junk motor vehicle is left, that within ten (10) days of receipt of the notice, the junk motor vehicle either shall be covered by being housed in a garage or other suitable structure or shall be removed from the property. Such written notice shall be served in person or by certified mail return receipt requested.

If the owner, lessee, agent or person having charge of the land, or the titled owner of the motor vehicle, served with the notice, fails to remove such junk motor vehicle with then (10) days, and officer of the Police Department approved by the Chief of Police, or the Code Official, is authorized to remove and impound any junk motor vehicle remaining at any place within the Village in violation of this section. Such junk motor vehicle shall be impounded until lawfully claimed or disposed of in accordance with Ohio R.C. 4513.63. Upon impounding of a junk motor vehicle, a photograph shall be taken.

All expenses related to the removal and impoundment of such junk motor vehicle by the Village shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:

  1. All direct costs for the removal and impoundment of the vehicle; plus
  2. The costs for preparing and serving all notices; plus
  3. An administrative fee of One Hundred Dollars, ($100.00) per vehicle

In the event that the owner or other person in charge or control of such property, and/or the title owner of said vehicle, fails to pay such expenses within thirty (30) days after being notified in writing, by regular U.S. mail, of the amount thereof by the Village Police Officer or the Code Official, the expenses set forth in subsection (e) hereof may be collected using one or more of the following methods, provided, however, that the expenses may only be collected once:

Such expense may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments; or

The Village Solicitor is authorized to bring suit and take other necessary legal action to collect all such expenses.

The owner, lessees, agent, tenant, or person otherwise having charge or control of such premises, and the titled owner of such vehicle, are jointly and severally liable for all expenses incurred by the Village as set forth in subsection (e) hereof.

The movement of a vehicle in violation of this section to any other location within the Village limits that does not abate the violation under this section shall not constitute compliance with this section.

The provisions of this section shall not apply to the deposit, parking, storage, maintenance or collection of junk motor vehicles in an enclosed building in a regularly established and licensed junk yard in any areas of the Village in which the same is permitted under the Zoning Code, or a collector’s vehicle as described in subsection (a) hereof.

Any person in charge or in control of any premises with the Village, whether as owner, tenant, lessee, occupant or otherwise, shall completely conceal and collector’s vehicle stored on the property by means of storage inside buildings or fences which comply with all building and zoning ordinances and all building codes.

Except as allowed in subsections (b) and (i) hereof, the deposit, parking, storage, maintenance or collection of junk motor vehicles on private property is hereby declared to be a public nuisance and offensive to the public health, welfare, and safety of the residents of the Village.

If the person with the right to possession of the property is operating a bona fide commercial automotive or truck repair facility, painting facility or rebuilding facility, no notice or citation shall be issued hereunder until the motor vehicle has been left uncovered in the open for more than ninety (90) days.

The fact that a junk motor vehicle is left in the open upon the property ten (10) days after notice is prima-facie evidence of willful failure to comply with the notice, and each subsequent period of thirty (30) days that a junk vehicle continues to be so left constitutes a separate offense.

Whoever violates this section is guilty of a minor misdemeanor for a first offense. For a second offense, such person is guilty of a misdemeanor of the fourth degree. For each subsequent offense, such person is guilty of a misdemeanor of the third degree. The penalty shall be provided in Section 698.02 or otherwise provided in the Village Code or Ohio Revised Code.

This Ordinance expressly repeals and replaces prior Waynesfield Code Section 660.07 and any and all Village Ordinances in conflict with or inconsistent with this Ordinance

1st Reading                        2nd Reading                    3rd Reading

(11/27/00)                        (12/11/00)                        (12/26/00)

VOTE:                        Dave Ewing – yes            Dave Ewing – yes          Doug Ewing –    yes

Chiles –     yes                    Ridenour  –     yes            Ridenour –     yes

Doug Ewing – yes           Doug Ewing – yes         Chiles –    yes

Knox –     yes                      Chiles –    yes                  Dave Ewing –     yes

Ridenour –    yes                Knox –     yes                   Knox –        yes

Winegardner – yes            Winegardner – yes    Winegardner – yes