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HomeMy WebLinkAboutORD 1320BILL NO. ORDINANCE NO. 1320 BY COUNCIIWOMAN WILLIAMS AN ORDINANCE TO AMEND TITLE 11, CHAPTER 10, SECTION 4, OF THE CITY CODE OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, BY AMENDING SAID SECTION BY PROVIDING THAT THIRTY (30) DAYS NOTICE TO THE OWNERS THEREOF SHALL BE GIVEN BEFORE JUNK VEHICLES, VEHICLES OR PARTS THEREOF ARE REMOVED BY THE POLICE DEPARTMENT OR THE BUILDING DEPARTMENT; AND AMENDING TITLE 11, CHAPTER 10, SECTION 6, BY STRIKING THE REQUIREMENT THAT ALL IMPOUNDED MOTOR VEHICLES OR OTHER PERSONAL PROPERTY SHALL BE HELD BY THE POLICE DEPARTMENT FOR A PERIOD OP' SIXTY (60) DAYS BEFORE THE SAME IS SUBJECT TO SALE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO, THAT: SECTION 1: That Section 4, Chapter 10, Title 11, of the Ordinance of the Municipal Code of the City of Caldwell, be, and the same is hereby amended to read as follows: 11 -10 -4: UNIDENTIFIED, STOLEN, WRECKED OR ABANDONED MOTOR VEHICLES: The Police Department is hereby authorized in addition to any penalty that may be provided therefor, to remove an unidentified, stolen, wrecked or abandoned motor vehicle or other personal property as herein defined, found upon any public thoroughfare or other property of the Munici- pality 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 motor vehicles or other personal property which now is in the possession of the Police Department shall be subject -1- 0 1 1 to the actual cost of removal or tow -in from the public place and a storage of fifty cents (50 ,d) per day as long as the same is in possession and custody. "Unidentified motor vehicle or other personal property" as used herein is hereby defined to be such motor vehicles or other personal property where ownership thereof cannot be ascertained. "Stolen motor 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 motor vehicle or other personal property" is hereby defined to be an automibile 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. It shall be unlawful for any owner or any person in charge of a motor vehicle or other personal property to leave or abandon the same upon the streets or public places. 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 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 minore, 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 -2- 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. 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 following qualifications: (A) It does not carry a current valid State registration 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, taillights, horn, muffler, rear- view mirrors, windshield wipers or adequate fenders. 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 thirty (30) days. Exemptions. This Ordinance shall not apply to: (A) A vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not - 3- 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 or a licensed dismantler, 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. Any member of the Police Department or Building Department may order any junk motor vehicle, vehicles or parts thereof removed within ten ¢494 thirty (30) days. 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 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 elsewhere on the real estate. 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. -4- 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. 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 there- of to be removed and the actual costs of removal or tow -in charge and a storage of f cents {5& 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. SECTION 2. That Section 6, Chapter 10, Title 11, of the Ordinance of the Municipal Code of the City of Caldwell, be and the same is hereby amended to read as follows: 11 -10 -6: ENFORCEMENT OF LIEN: All motor vehicles and other personal property impounded or heretofor impounded by the Police Department and unredeemed by the owner thereof €ems- a- �e�e� -e € -e }qty - X683 -des shall therea €tev be subject to sale by the Chief of Police to the highest bidder for cash as hereinafter provided, and the proceeds of said sale shall be applied to the removal and storage charges accumulated against each article, which shall be deposited with the Treasurer and credited with him and shall be kept in a separate fund for a period of one (1) year from the date of receipt and if at the -5- end of said year the former owner of said property has not made satisfactory proof of claim then the balance of said proceeds of sale shall be credited to the General Fund of the Municipality. SECTION 3. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 4. 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 18th day of March, 1974. APPROVED BY THE MAYOR of the City of Caldwell, this 18th day of March, 1974.