HomeMy WebLinkAboutORD 1221BILL NO. 1
ORDINANCE NO. 3.221
BY COUNCILMAN McCLOSKEY
AN ORDINANCE TO AMEND TITLE 11 OF THE CITY CODE OF CALDWELL,
COUNTY OF CANYON, STATE OF IDAHO, BY ADDING THE FOLLOWING TO
CHAPTER 10, SECTION 4, OF SAID CODE.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, CANYON COUNTY, IDAHO:
That Title 11 of the City Code of Caldwell, County of
Canyon, State of Idaho, shall be amended by adding to Chapter 10,
Section 4, the following which pertains to the abatement and
removal as public nuisances of wrecked, dismantled or inoperative
vehicles or parts thereof, and fixing the penalties therefor.
Section 1. The accumulation and storage of wrecked,
dismantled or inoperative vehicles or parts thereof on private
or public property is hereby found to create a condition tend-
ing 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 for rodents
and insects and to be injurious to the health, safety and general
welfare. Therefore, the presence of a 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 in accordance with the provisions of this article.
Section 2. Definition. A wrecked, dismantled or
inoperative vehicle or part thereof, hereinafter called a junk
motor vehicle, shall be defined as an unsightly motor vehicle
or a part or parts therefrom, which meets any one of the follow-
ing qualifications:
a. It does not carry a current valid State registra-
tion and 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, tail lights, horn,
muffler, rearview mirrors, windshield wipers or
adequate fenders.
Section 3. It shall be unlawful for any person or
persons, firm, partnership or corporation to maintain a junk
motor vehicle, vehicles, or parts thereof on residential property
or business property exposed to the public view for a period
of more than 30 days.
Section 4. Exemptions This ordinance shall not
apply to:
a. A vehicle or part thereof which is completely en-
closed within a building in a lawful manner where
it is not visible from the street or other public
or private property; or
b. A vehicle or part thereof which is stored or
parked in a lawful manner on private property in
connection with the business of a licensed dis-
mantler, licensed vehicle dealer, a junk dealer,
or when such storage or parking is necessary to
the operation of a lawfully conducted business or
commercial enterprise.
Section 5. Any member of the Police Department or
Building Department may order any junk motor vehicle, vehicles
or parts thereof removed within 10 days.
Section 6. Notice of such order shall be placed upon
said junk motor vehicle, vehicles or parts thereof. Copies of
said notice shall be served upon any adult occupying the real
estate on which the junk motor 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 shall constitute notice to the
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owner or occupant of the real estate and to the owner of the
junk motor vehicle, vehicles or parts thereof. If there is no
building on the real estate said notice may be affixed else-
where on the real estate.
Section 7. It shall be unlawful and a misdemeanor
for any person to fail or refuse to remove a wrecked, junk motor
vehicle, vehicles or parts thereof or refuse to abate such
nuisance when ordered to do so in accordance with the provisions
of this ordinance.
Section 8. 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.
Section 9. 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 fifty cents (50�)
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
motor 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.
Section 10. This ordinance shall be in full force
and effect from and after its passage, approval and publication,
according to law.
PASSED BY THE COUNCIL of the City of Caldwell this
7th day of jene , 19 71.
APPROVED BY THE MAYOR of the City of Caldwell this
7th day of June , 1971. ^ l
AT ST- Mayor
City Clerk
First Fieacling 5 ®17 ®71