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427 Abandoned, Wrecked,or Stolen Vehicles 018 ORDINANCE NO. 427 AN ORDINANCE REPEALING CHAPTER 18, TITLE 8, REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, ENTITLED ABANDONED: WRECKED VEHICLES, IN ITS ENTIRETY, AND ENACTING IN ITS PLACE A NEW CHAPTER 18, TITLE 8, OF SAID ORDINANCES, TO BE ENTITLED ABANDONED; WRECKED; OR STOLEN VEHICLES; OR PERSONAL PROPERTY. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho have concluded that it is in the best interest of said City to repeal Chapter 18, Title 8, Abandoned; Wrecked Vehicles, and to replace the same with a new Chapter 18, Title 8, to be entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal Property, to become effective upon approval hereof, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, I section 1. That Chapter 18, Title 8 shall be repealed in its entirety and the same replaced with a new Chapter 18, :t.o be entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal Property to become effective upon approval hereof, and to read as follows: 8-1801: AUTHORIZATION OF POLICE DEPARTMENT: The Police Department is hereby authorized in addition to any penalty that may be provided therefor, to remove an abandoned, unidentified, stol~n, or wrecked vehicle or other personal property as herein defined, found upon any public thoroughfare or other property of the Municipality and shall keep the same in its custody and control at such place as may be designated by said Police Department until redeemed by the owner; and all such unidentified, stolen, wrecked or abandoned vehicles or other personal property which now is in the possession of the Police Department shall be subject to the actual cost of removal or tow-in from the public place and a storage of Two Dollars ($2.00) per day as long as the same is in possession and custody of the Police Department. "Vehicle" is hereby described as every device in, upon or by which any person or property is or may be transported or drawn upon a public or private street or highway. "Unsightly" is hereby defined as not being pleasing to the sight. "Unidentified vehicle or other personal property" is hereby defined to be such vehicles or other personal property of which the ownership cannot be ascertained. "Stolen vehicles or other personal property" is hereby defined to be that property which the Police Department has reasonable grounds to believe to be stolen. "Abandoned vehicle or other personal property" is hereby defined to be a vehicle or personal property which, remains upon the street or other public property for a period of time longer than forty eight (48) hours, the owner of which cannot be located or the owner refuses to remove the same. I 8-1802: VEHICLES ABANDONED ON STREETS OR PUBLIC PLACES: It shall be unlawful for any owner or any person in charge of a vehicle or other personal property to leave or abandon the same upon the streets or public places. ORDINANCE NO. 427 CONT'D 019 I 8-1803: PUBLIC NUISANCE: The existence, accumulation or storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety of minors, to create a harborage of rodents and insects and to be injurious to the health, safety and general welfare of the residents of the City. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such is in accordance with the provisions of this Ordinance. Definition. An abandoned, wrecked, dismantled or inoperative vehicle, or part thereof, herein~ter called a junk vehicle shall be defined as an unsightly vehicle or a part or parts therefrom, which meets anyone of the following qualifications: (A) It does not carry a current valid State registration or license plates. (B) It cannot be safely operated under its own power. (C) It is not in a garage or other buildings. (D) It does not have anyone of the following: Foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers or adequate fenders. (E) It has been physically damaged. (F) Part or parts of the vehicle have been removed. (G) It is in a dilapidated condition. 8-1804: EXEMPTIONS: This Ordinance shall no apply to: (A) A junk vehicle or part thereof which is completely enclosed within a building or in such a manner that it is not visible from the street or other public or private property; I (B) A vehicle or part thereof which is (a) stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or (b) when such storage or parking is -._ necessary to the operation of a lawfully conducted business or commercial enterprise, and, pertaining to both (a) and (b) above, such business is conducted in a zone wherein such business is allowed to be conducted. 8-1806: ORDER TO REMOVE JUNK VEHICLE: Any member of the Police Department or Building Department may order any junk vehicle, vehicles or part thereof, not within the exceptions to this Ordinance, removed after ten (10) days prior notice of intention to remove the junk vehicle. 8-1807: NOTICE OF REMOVEL: Notice of such order shall be placed upon said junk vehicle, vehicles or parts thereof. Copies of said notice shall be served upon any adult occupying or owning the real estate on which the junk vehicle, vehicles or parts thereof are located and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, vehicles or parts thereof can be found, a notice affixed to any building on the real estate or upon the junk vehicle shall constitute notice to the owner or occupant of the real estate and to the owner of the junk vehicle, vehicles or parts thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate. 02'0 ORDINANCE NO. 427 CONT'D 8-1807A: ANOTTCE OF UNLAWFUL USE OF PROPERTY: The notice given as provided in Section 8-1807 above shall also contain a notice 'to the owner or occupant of the property, or whoever the notice is given to, that the property may not be used to maintain, store, park or keep junk vehicles and that additional violations or continued violations are unlawful and continued vio- lations shall be punishable as provided in Section 8-1808B; the notice shall also contain a provision that additional or continued violations by the same person, firm, partnership or corporation or on the same property do not require 'the notice required in 8-1807 prior to removal or prosecution. One notice that the property may not be used to violate this Ordinance shall be sufficient. 8-1808: REFUSAL TO REMOVE VEHICLE: It shall be unlawful and a misdemeanor for any person to fail or refuse to remove a wrecked, junk vehicle, vehicles or parts thereof or refuse to abate such nuisance when ordered to do so in accor- dance with the provisions of this Ordinance. 8-1808A: PENALTY: Any person, partnership, firm or corporation found guilty of violating this Ordinance may be sentenced to a maximum or six (6) months in the County jailor fined three hundred dollars ($300.00), or both such fine and imprisonment for each such violation. Each day any person, partnership, firm or corporation continues to main- tain, store, park, or keep any junk vehicle or vehicles in viola- tion of this Ordinance after the notice and order to remove said junk vehicle or vehicles has been served or posted shall be deemed a separate violation of this Ordinance. 8-1808B: PENALTY FOR ADDITIONAL OR CONTINUED VIOLATION: Any person, firm, partnership or corporation guilty of violating the provisions of this Ordinance and found to have previously violated this Ordinance shall be sentenced to a minimum of ten (10) days in jail and shall be fined Three Hundred Dollars ($300.00) for each day the junk vehicle or vehicles are maintained, stored, parked, or kept in violation of this Ordinance. The pro- visions of this section shall be mandatory. 8-1809 : HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or any authorized City officer or employee to enter public property to enforce the provisions of this refuse to allow upon private or Ordinance. 8-1810: REMOVAL OF JUNK VEHICLE: If said junk vehicle, vehicles or parts thereof are not removed within the time so fixed, the Police Department or Building Department may cause said junk vehicle, vehicles or parts thereof to be removed and the actual costs of removal or ~tow-in charge and a storage Of'TwO Dollars ($2.00) per day for so long as the same is in possession and custody of the City shall be charged to the owner. In the event said junk vehicle, vehicles, or parts thereof are not claimed by the lawful owner, then and in that event the same shall be sold according to law. 8-1811: ENFORCEMENT: The provisions of this Ordinance may be enforced criminally or civilly by means of injunction and in the event of civil enforcement, the violator shall be liable for all costs and sttorney fees of the proceedings. Section 2. force and effect tion as required That this Ordinance shall take effect and be in from and after its approval, passage and publica- by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this 5th day of December 1983. ATTEST: ?J-/J 0u-~ I I " AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 8W-4461 ORDINANCE NO. AN ORDINANCE REPEALING CHAPTER 18, TITLE 3, REVISED AND COMPILED ORDINANCES OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, ENTITLED ABANDONED; WRECKE E VEHICLES, IN ITS ENTIRETY, AND ENACTING IN ITS PLACE A NEW CHAPTER 18, TITLE 8, OF SAID ORDINANCES, TO BE ENTITLED ABAN DONE D; WRECKED; OR STOLEN VEHICLES; OR PERSONAL P.�.OPERTY. WHEREAS, the City Council and the Mayor of the City of Meridian, Idaho have concluded that it is in the best interest of said City to repeal Chapter 18, Title 8, Abandoned; Wrecked Vehicles, and to replace the same with a new Chapter 18, Title 8, to be entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal Property, to become effective upon approval hereof, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR OF THE CITY OF MERIDIAN, AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO, Section I. That Chapter 18, Title 8 shall be repealed in its entirety and the same replaced with a new Chapter 18, to be entitled Abandoned; Wrecked; or Stolen Vehicles; or Personal Property to become effective upon approval hereof, and to read as follows: 8-1801: AUTHORIZATION OF POLICE DEPARTMENT: Department is herebyauthorizedThe Police dition to penalty that may be provided therefor, to remove lanaabandoned, any unidentified, stolen, or wrecked vehicle or other personal property as herein defined, found upon any public thoroughfare or other property of the 'unicipality and shall keep the same in custody and control at such place as may be designated by said ��� Police Iepartment until redeemed by the owner; and all such unidentified, stolen, wrecked or abandoned vehicles or other personal property which no,,T is in the possession of the Police Department shall be subject to the actual cost of removal or tow --in v from the public place and a storage of Two Dollars ($2.00) per day as long as the same is in possession and custody of the Police Department. "Vehicle" is hereby described as every device in, upon or by which any person or property is or may be transported or drawn upon a public or private street or highway, sight. "Unsightly" is hereby defined as not being pleasing to the "Unidentified vehicle or other personal property" is hereby defined to be such vehicles or other personal property of which the ownership cannot be ascertained. "Stolen vehicles or other personal property" is hereby defined to be that property which the Police Department has rea- sonable grounds to believe to be stolen. "Abandoned vehicle or other personal property" is hereby defined to be a vehicle or personal property which remains upon the street or other public property for a period of time longer than forty eight (48) hours, the owner of which cannot be located or the owner refuses to remove the same. 8-1802: VEHICLES ABANDONED ON STREETS OR PUBLIC PLACES: It shall be unlawful for any owner or any person in charge of a vehicle or other personal property to leave or abandon the same upon the streets or public places. 8-1803: PUBLIC NUISANCE: The existence, accumulation or storage of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof on private or public property is hereby found to create a condition tending to reduce the value of private property, to promote blight and deterioration, to invite plundering, to create fire hazards, to constitute an attractive nuisance creating a hazard to health and safety of minors, to create a harborage of rodents and insects and to be injurious to the health, safety and general welfare of the residents of the City. Therefore, the presence of an abandoned, wrecked, dismantled or inoperative vehicle or parts thereof on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such is in accordance with the provisions of this Ordinance. AMBROSE, Definition. An abandoned, wrecked, dismantled or inoperative FITZGERALD vehicle &CROOKSTON , or part thereof, hereinafter called a junk vehicle shall be defined as an unsightly vehicle or a part or parts Attorneys and therefrom, which meets any one of the following qualifications: Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 (A) It does not carry a current valid State registration or license plates. (B) It cannot be safely operated under its own power, (C) It is not in a garage or other buildings. (D) It does not have any one of the following: Foot brakes, hand brakes, headlights, taillights, horn, muffler, rearview mirrors, windshield wipers or adequate fenders. (E) It has been physically damaged. (F) Part or parts of the vehicle have been removed. (G) It is in a dilapidated condition. 8-1804: JUNK VEHICLE: It shall be unlawful for an o person or persons, firm maintain store Partnership or corporation to , park or keep a junk vehicle, vehicles, or parts thereof on residentially zoned property or commercially zoned property, or on property, public or private, which is otherwise zoned but used for residential or commercial uses. 8-1805: EXEMPTIONS: This Ordinance shall not apply Pp y to: (A) A junk vehicle or part thereof which is completely enclosed within a building or in such a manner that it is not visible from the street or other public or private property! (B) A vehicle or part thereof which is (a) stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler, licensed vehicle dealer, a junk dealer, or (b) when such storage or parking is necessary to the operation of a lawfully conducted business or commercial enterprise, and, pertaining to both (a) and (b) above, such business is conducted in a zone wherein such business is allowed to be conducted. 8-1806: ORDER TO REMOVE JUNK VEHICLE: Any member of the Police Department or Building Department may order any junk vehicle, vehicles or part thereof, not within the exceptions to this Ordinance, removed after ten (10) days prior notice of intention to remove the junk vehicle. AMBROSE, 8-1807: NOTICE OF REMOVEL: Notice of such order shall F be placed upon said junk arts thereof. Copies of said notice shall lbeeserved cupono les &CROOKSTON parts OOK Attorneys and adult occupying or owning the real estate on which the junk vehicle Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 888.4461 vehicles or parts thereof are located and upon the owner of the junk, if known. If no occupant of the real estate or owner of the junk vehicle, vehicles or parts thereof can be found, a notice affixed to any building on the real estate or upon the junk vehicle shall constitute notice to the owner or occupant of the real estate and to the owner of the junk vehicle, vehicles or parts thereof. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate, 8-1807A: A NOTICE OF UNLAWFUL USE OF PROPERTY: The notice given as provided in Section 8-1807 above shall also contain a notice to the owner or occupant of the property, or whoever the notice is given to, that the property may not be used to maintain, store, park or keep junk vehicles and that additional violations or continued violations are unlawful and continued vio- lations shall be punishable as provided in Section 8-1808B; the notice shall also contain a provision that additional or continued violations by the same person, firm, partnership or corporation or on the same property do not require the notice required in 8-1807 prior to removal or prosecution. One notice that the property may not be used to violate this Ordinance shall be sufficient. 8-1808: REFUSAL TO REMOVE VEHICLE: It shall be unlawful and a misdemeanor for any person to fail or refuse to remove a wrecked, junk vehicle, vehicles or parts thereof or refuse to abate such nuisance when ordered to do so in accor- dance with the provisions of this Ordinance. 8-1808A: PENALTY: Any person, partnership, firm or corporation found guilty of violating this Ordinance may be sentenced to a maximum of six (6) months in the County jail or fined three hundred dollars ($300.00) , or both such fine and imprisonment for each such violation. Each day any person, partnership, firm or corporation continues to main- tain, store, park, or keep any junk vehicle or vehicles in viola- tion of this Ordinance after the notice and order to remove --said junk vehicle or vehicles has been served or posted shall be deemed a separate violation of this Ordinance. 8-1808B: PENALTY FOR ADDITIONAL OR CONTINUED VIOLATIOn1: Any person, firm, partnership or corporation guilty of violating the provisions of this Ordinance and found to have previously violated this Ordinance shall be sentenced to a minimum of ten (10) days in jail and shall be fined Three Hundred Dollars ($300.00) for each day the junk vehicle or vehicles are maintained, stored, parked, or kept in violation of this Ordinance. The pro- AMBROSE, visions of this section shall be mandatory. FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone 88&-4461 AMBROSE, FITZGERALD SCROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 88"461 8-1809 HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City officer or employee to enter upon private or public property to enforce the provisions of this Ordinance. 8-1810: REMOVAL OF JUNK VEHICLE: If said junk vehicle, vehicles or parts thereof are not removed within the time so fixed, the Police D.epartment or Building Department may cause said junk vehicle, vehicles or parts thereof to be removed and the actual costs of removal or tow -in charge and a storage of Two Dollars ($2.00) per day for so long as the same is in possession and custody of the City shall be charged to the owner. In the event said junk vehicle, vehicles, or parts thereof are not claimed by the lawful owner, then and in that event the same shall be sold according to law. 8-1811: ENFORCEMENT: The provisions of this Ordinance may be enforced criminally or civilly by means of injunction and in the event of civil enforcement, the violator shall be liable for all costs and attorney fees of the proceedings. Section 2. That this Ordinance shall take effect and be in force and effect from and after its approval, passage and publica- tion as required by law. PASSED by the City Council and approved by the Mayor of the City of Meridian, Ada County, Idaho, this day of 1983. ATTEST: (YZa�Ju�s 1 emgnn/ City Cle