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508 Abandoned Vehicles. ~ ~ • ORDINANCE NO. ,~ p AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING CHAPTER 18, TITLE 8, ABANDONED, WRECKED OR STOLEN VEHICLES OR PERSONAL PROPERTY, AND RE-ENACTING SAID CHAPTER WITH CHANGES AND MODIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council of the City of Meridian, State of Idaho, have concluded that it is in the best interests of said City to repeal Chapter 18, Title 8, Abandoned, Wrecked, or Stolen Vehicles or Personal Property and re-enacting said Chapter of said Title to provide for changes and modifications and which amounts to a recodification, with modifications, of Chapter 18, Title 8, of the Revised and Compiled Ordinances of the City of Meridian. NOW, THEREFOR, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO. Section 1. That Chapter 18, Title 8, Abandoned, Wrecked or Stolen Vehicles or Personal Property of the Revised and Compiled Ordinances of the City of Meridian is hereby repealed. Section 2. That Chapter 18, Title 6, Abandoned, Wrecked, AMBROSE, FITZGERALD BCROOKSTON Allornaye end Counaelora P.O. Boa X77 Merldlon, Idaho 83G3 TeleDftOne BBBdaB1 or Stolen Vehicles or Personal Property is hereby re-enacted and shall read as follows: 8-1801: DECLARATION OF FINDINGS, INTENT, AND PURPOSE: The City Council of the City of Meridian hereby finds that there is within the City limits, an has been for some years past, an accumulation, on private as well as public property, of abandoned, dismantled, inoperative, wrecked or stolen vehicles, or parts thereof, and of other abandoned, unused, inoperable, dilapidated or deteriorating personal property; that such property, or an accumulation thereof, is an aesthetic pollution deterring from the beauty of the City and is unsightly; that it detracts from tourism and the economic welfare of the City; that it detracts from the City's ability to attract new business and industry; that such property or an accumulation thereof promotes blight and deterioration, invites plundering, ,, AM BROSE, FITZG ERAID &CROOKSTON Aaorneya ana Counaelora P.O. Box ~2T MerlElan, IGaho eaB/z Telephone BBB1~81 looting and theft, creates, and is, a £ire hazard, can be, and is, a harborage for rodents and insects, can be, and is, an attractive nuisance for children where they may be injured or harmed; that such property, or accumulations thereof reduces property values; that it is injurious to the health, safety and general welfare of the residents of the City, whether it be located on public or private property. That the City is authorized and empowered, pursuant to Idaho Code 50-302 to make and adopt all such ordinances as may be expedient to maintain the peace, good government and general welfare of the City and its trade, commerce, and industries and pursuant to Idaho Code 50-334 is authorized and empowered to declare what shall be deemed nuisances, to prevent, remove and abate nuisances at the expense of the parties creating, causing, committing or maintaining the same and to levy a special assessment as provided in Section 50-1008, Idaho Code, on the land or premises whereon the nuisance is situated to defray the cost or reimburse the City for- abating the same; that the above specific provision which allows a special assessment on the land where the nuisance is located is interpreted to mean that the City has authority to abate nuisances on private land and property as the City has no authority to assess a special levy on any land or property other than private property. That the presence of abandoned, wrecked, dismantled, inoperative or stolen vehicles, or parts thereof, and other unused, inoperable, dilapidated, or deteriorating personal property on private or public property, except as expressly hereinafter permitted, is hereby declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this Chapter. That it is the purpose and intent of this Chapter to allow the City officials to require the owners to real property within the City limits to clean up their real property and remove any or all abandoned, dismantled, inoperative, wrecked, or stolen vehicles, or parts thereof, and any or all abandoned, unused, inoperative, dilapidated or deteriorating personal property. or pay the cost of such abatement. That it is the policy of the City and the declared intent and purpose of this Chapter that it is the owner of the real property that has the duty and responsibility to maintain his own land and comply with this Chapter and abate said nuisances 8-1802 DEFINITIONS: 1. "Abandon", for purposes of this Chapter only, means to leave a vehicle or personal property on private property without the permission of the owner or the person having rights to the possession of the property for any period of time, or on a highway or AMeROSE, FITZG ERALO S CROOKSTON Ahornara entl COUnaBlOrB P.O. Boa t2] Maritllan, Itlaha B36~I Telepnone "eeiaet street or other property open to the public for the purposes of vehicular, traffic or parking, or upon or within the right-of-way of any highway or street, for seventy-two (72) hours or longer; PROVIDED HOWEVER, that even where the owner or the person entitled to possession of the property grants permission to leave a vehicle or personal property or where it is the owner or the person entitled to possession of the property who leaves the vehicle or personal property on his own property, the vehicle or personal property shall be deemed abandoned if left open to public view and unmoved, unattended, or unused for three (3) days or longer. 2. "Vehicle", for purposes of this Chapter only shall have the same definition as contained in Idaho Code, 49-123 V. (1) (a) 3. "Abandoned Vehicle", for purposes of this Chapter only, shall mean a vehicle which has been abandoned". 4. "Stolen Vehicle", for purposes of this Chapter only, shall mean a vehicle or property which has been reported to the Meridian Police Department or a state or county peace officer to be stolen or which is reasonably believed by such Department or peace officer to be stolen. 5. "Unidentified Vehicle" or "Unidentified Property", for purposes of this Chapter only, shall mean any vehicle or property of which the ownership cannot be ascertained. 6. "Wrecked Vehicle", "Dismantled Vehicle", or "Inoperable Vehicle", for purposes of this Chapter only, shall be defined as any vehicle, or parts thereof, which meets any of the following qualifications: a. It does not carry a current, valid State registration or license plate. b. It cannot be safely operated under its own power. c. It is not in a garage or other building. d. It does not have any one of the following: foot brakes, hand brakes, head lights, tail lights, horn, muffler, rear view 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. 7. "Junk Vehicle", for purposes of this Chapter only, shall mean a wrecked, dismantled, or inoperative vehicle, or a part thereof. 8. "Personal Property", for purposes of this Chapter only, shall mean all property other than real property. 9. "Junk Personal Property", for purposes of this Chapter only, shall mean personal property that is refuse or waste as defined in 8-903 (D) or valueless or is not being used for the originally intended manufactured use of the personal property or is not being used for any beneficial purpose under a reasonable man standard or is in a dilapidated condition or is in a state of disrepair or is not capable of being used for its original purpose or constitutes litter or garbage or trash or rubble. AM BROSE, FITZGERALD 6CROOKSTON Attorneys ana Counaelorm P.O. BOx 12] MadElan, Idaho areaz TelepMne BBB~a61 8-1803 VEHICLES OR PROPERTY 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 or on private property. 8-1$04 PROHIBITION AGAINST JUNK VEHICLES OR JUNK PERSONAL PROPERTY: It shall be unlawful for any person to maintain, store, park -or keep a junk vehicle, vehicles or parts thereof or junk personal property on real property, public or private, in the City of Meridian, except as authorized in this Chapter. 8-1805 EXEMPTIONS: This Chapter shall not apply to: a. A junk vehicle, or part thereof, or junk personal property, 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 junk vehicle or junk personal property or part thereof which is: 1. Stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or junk dealer, or 2. When such storage or parking is necessary to the operation of a lawful-ly conducted business, industry or commercial enterprise, and 3. Pertaining to both L and 2 herein, such business is conducted in a zone wherein such business is allowed to be conducted. AM BROSE, FITZGERALD S CROOKSTON Attorneys antl Counaelora P.O. Boc 127 MerlClan, Itlano axez TBIeDnone BBB-N81 c. Real property upon which construction is actually taking place and on going. 8-1806 That Abandoned vehicles, stolen vehicles, junk vehicles, and junk personal property are hereby declared to be a public nuisance. 6-1807 ORDER TO REMOVE JUNK VEHICLE: The City Clerk, any member of the Police Department, Fire Department or Building Department, jointly hereafter referred to as "City Official", may order any junk vehicle, vehicles or part thereof, or junk personal property, not within the exceptions of this Chapter, removed after ten {10) days' prior notice of intention to remove the junk vehicle or personal property. 8-1$08 NOTICE OF REMOVAL: Notice of such order shall be placed upon said junk vehicle,-vehicles or parts thereof or junk personal propertg. 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 or junk personal property 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 or junk personal property can be found, a-notice affixed to any building on the real estate or upon the junk vehicle AM BROSE, FITZG ERALD &CROOKSTON Atlomeys and Counselors P.O. Boy 62] Meridlen, IOeho exnz TelaPnone 88&aa81 or junk property shall constitute notice to the owner or occupant of the real estate and to the owner of the junk vehicle, vehicles or parts thereof or junk property. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate. 8-1809 If it is determined by the City Official that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right of way abutting the same, the City Official shall cause a notice to be issued to abate such nuisance. Such notice shall be headed "Notice to Clean Premises", shall contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance, shall describe the nuisance in terms reasonably sufficient to identify the same; shall direct the abatement of the nuisance, shall specify the penalty provisions as provided herein; and shall specify the appeal process as provided herein; and shall state that if the City removes the junk vehicle or junk property the City may sell it and retain the proceeds to defray the costs of enforcement of this Chapter. 8-1810 Within ten (10) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the City Council of the City. Such appeal shall be in writing and shall be filed with the City Clerk. At the regular meeting or regular adjourned meeting of the City Council, not less than ten (10) days nor more than twenty six (26) days after receipt of the appeal, the City Council shall proceed to hear and pass upon such appeal, and the decision of the City Council thereupon shall be final and conclusive. 8-1811 It shall be the duty of the owner or person occupying or controlling any lot, place or area in the City which has been declared a public nuisance as provided herein within ten (10) days from the date of notification, as provided herein, or in case of an appeal to the City Council, within ten (10) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. 8-1812 Upon the failure, neglect or refusal or any owner or occupant so notified to remove the public nuisance as herein defined, within the time specified in this Section, the City Official may notify the City Attorney in writing of the property description in Attorney may cause legal the Magistrate's Court for last known legal owner and general terms. The City action to be taken through action as follows: The owner of any lot, place or area within the City who shall permit or allow the existence of a public nuisance as defined in this Section, upon any lot or premises owned, occupied or. controlled by him, or who shall violate any of the provisions of this Section, shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than three hundred dollars ($300.00), or to imprisonment for a period not exceeding six (6) months, or both such fine and imprisonment; the City Attorney, in his discretion, may also take civil action to obtain an order from said Court enjoining the maintenance of said public nuisance and the City shall be awarded its court costs and attorney's fees for prosecutinq the action. AMBROSE, FIT2G ERALO &CROOKSTON Attorneys and Counselors P.O. Box tz] MeriGian, IEeno ax4z Telepnone 888-4181 Regardless of the action by the City Attorney or in addition thereto, upon direction of the City Council and at the City Council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance as herein defined within the time specified in this Chapter, the City official knowing of the violation shall notify the City Clerk's office in writing of the known legal owner, if known, and property description in general terms and the nature of the violation. The City-Clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the Council, who shall cause the same to be paid and levy a special assessment against the property as allowed in 50-1008, Idaho Code. The owner of the property shall be notified of the assessment and may pay the same prior to its certification on the tax rolls. 8-1813 NOTICE OF UNLAWFUL USE OF PROPERTY: The notice given as provided in Section 8-1808 of this Chapter 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 funk vehicles or junk ... ._ personal property, and that additional violations or continued violations are unlawful and continued violations shall be punishable as provided in Section 8-1814. The notice shall also contain a provision that additional or continued violations by the same person on the same property do not require the notice required in 8-1808 prior to removal or prosecution. One notice that the property may not be used to violate this Chapter shall be sufficient. 8-1814 PENALTY FOR ADDITIONAL OR CONTINUED VIOLATION: Any person guilty of violating the provisions of this Chapter and found to have previously violated this Chapter 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, or .parts thereof or junk personal property is maintained, stored, parked or kept in violation of this Chapter. The provisions of this Section shall be mandatory. 8-1815 HINDERING AUTHORIZED PERSON: It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized City Officical or employee to enter upon private or public property to enforce the provisions of this Chapter. Section 3. EFFECTIVE DATE: WHEREAS, there is an emergency therefor, which emergency is declared to exist, this Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. PASSED AND APPROVED THIS~~_ day of~~jE_~ ~, 1989. CITY OF MERIDIAN BY:~STjP. KIl GRA 3~~ 5~ AMBROSE, F1T2GERALO E CROOKSTON Allorneye end Couneelore P.O. Box t2] MerlCian, IAatla 83NI TelepNOne 88&NBl