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Ordinances of the City of Meridian is hereby repealed.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