§ 17-34. Inoperable vehicles, inoperable motor vehicles, junked vehicles declared public nuisance; maintaining public nuisance prohibited.

(a)

An inoperable vehicle, inoperable motor vehicle, or junked vehicle that is visible from any right-of-way or adjacent property and/or is detrimental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates a fire hazard, is an attractive nuisance creating a hazard to the health and safety of minors, or produces urban blight adverse to the maintenance and continuing development of the city, is declared to be a public nuisance.

(b)

It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to maintain a public nuisance as determined under this section.

(c)

It shall be unlawful for any person, owner, agent, occupant or anyone having supervision or control of any real property within the city to have more than one (1) inoperable vehicle, inoperable motor vehicle, or junked vehicle upon their property. This subsection shall not apply to auto sales lots, vehicle repair businesses, and salvage yards as long as all inoperable and junked vehicles on these properties shall be kept in compliance with subsections (d), (e), (f), and (g).

(d)

Any inoperable vehicle, inoperable motor vehicle, or junked vehicle shall be screened from any right-of-way or adjacent property by means of a solid opaque fence or shall be enclosed within a building. In no case shall any cover placed over an inoperable vehicle, inoperable motor vehicle, or junked vehicle constitute adequate screening.

(e)

Vehicle repair businesses may have up to five (5) inoperable vehicles, inoperable motor vehicles, or junked vehicles legally parked on the business property which are not screened from public view regardless of whether the vehicles are currently registered and inspected, provided that the vehicles are not wrecked, dismantled, partially dismantled, dilapidated, have broken window glass, or have one (1) or more flat tires.

(f)

Auto sales lots are exempt from subsection (d) when operating in compliance with all state laws and any other city ordinances regulating auto sales, and which are not displaying vehicles that are wrecked, dismantled, partially dismantled, dilapidated, have broken window glass, or have one (1) or more flat tires.

(g)

Vehicle repair businesses may not maintain inoperable or junked vehicles on their property in excess of one hundred twenty (120) consecutive days. The vehicles on the property must be on the property for the purpose of repair. Additionally, a current, valid work order must be maintained for every vehicle. A current, valid work order is a work order that is one hundred twenty (120) days old or less.

(h)

It shall be presumed that a vehicle that is not demonstrated to be operable upon request of the designated city official is an inoperable vehicle.

(i)

An inoperable motor vehicle that remains inoperable for more than thirty (30) consecutive days becomes a junked vehicle.

(j)

At no time shall a tarp or any cover not designed to cover a motor vehicle or vehicle be used as a cover for an operable motor vehicle or operable vehicle.

(Ord. No. 2010-132, § 1, 5-11-10)