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Home My WebLink AboutORD 2713 D � CD • BILL No. 62 =, = 0-) ORDINANCE No. 2713 ti; ry U7 m -C AN ORDINANCE ENACTED BY THE CALDWELL CITY COIL_ ,AMENDING c.c) VARIOUS PORTIONS OF CHAPTER 9, ARTICLE 1, SECTION 09-01-117,)ENTITLED cD "UNIDENTIFIED, STOLEN, WRECKED OR ABANDONED MOTOR VEHICLES"; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND m REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF m o IN CONFLICT HEREWITH. WHEREAS, the City is authorized by Idaho Code § 50-302 to promote the general welfare within its corporate boundaries and to maintain the peace, good government, trade t, , commerce and industry by enacting ordinances, bylaws, rules, regulations and resolutions and rrn„ penalties for violations thereof; and r— WHEREAS, the City has adopted an ordinance related to "unidentified, stolen, wrecked -c or abandoned motor vehicles" for this purpose; and WHEREAS, the provisions thereof are outdated and necessitate revisions; NOW THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1: That Chapter 9, Article 1, Section 09-01-11 of the Caldwell City Code is amended as follows: 09-01-11: UNIDENTIFIED, STOLEN, WRECKED OR ABANDONED MOTOR VEHICLES (1) The Police Department is hereby authorized in addition to any penalty that may be provided therefore, 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 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 motor 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 actual cost of storage per day as long as the same is in possession and custody. (2) Definitions: A. "Unidentified motor vehicle or other personal property" as used herein is hereby defined to be such motor vehicles or other personal property including any recreational vehicles or trailers, where ownership thereof cannot be ascertained. B. "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. C. "Abandoned motor vehicle or other personal property" is hereby defined to be an autetnebilesuch motor vehicles or personal property including any recreational vehicles or trailerrs which remains upon the street or other public property for a period of time longer than forty eight (48) hours, or which remains upon private property or business property open to the public for five (5) days or longer, the owner of which cannot be located or the owner of which fails or refuses to remove the same. D. 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: 1. It does not carry a current valid state registration and license plates. 2. It cannot be safely operated under its own power. 3. It is not in a garage or other building. 4. It does not have any one of the following: foot brakes, hand brakes, headlights, taillights, horn,muffler, rearview mirror,windshield wipers or adequate fenders. 5. It has one or more flat tires. (3) It shall be unlawful for any owner or any person in charge of a motor vehicle or other personal property including any recreational vehicle or trailer, to leave or abandon the same upon the streets or other public laces property or any business property open to the public or upon any private property. (4) The accumulation and storage of wrecked, dismantled or inoperative vehicles or parts thereof on privat public propertyupon the streets or other public property or any business property open to the public or upon any private 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 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. (A) It does not carry a current valid state registration and license plates. p (C) It is not in a garage or other building. (D) It does not have any one of the following: foot brakes, hand brakes, ade (5) It shall be unlawful for any person-or—person, firm, partnership or corporation to maintain a junk motor vehicle, vehicles, or parts thereof on residential property, public property or business property exposed-open to the public view-for a period of more than five (5) days. Exemption: 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 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 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. ember (6) A warning Nnotice of c,,ch ,,..aorto remove shall be placed upon said junk motor vehicle, abandoned vehicle, vehicles or parts thereof. Copies of said noticc shall be the real estate. (7) Any member of the police department may remove any junk motor vehicles abandoned vehicle, vehicles or parts thereof after five (5) days if said property is located on private property or business property open to the public, or after forty-eight (48)hours if said property is located on the streets or other public property. (8) ., . -• ., . wrecked, junk motor vehicle, vehicles or parts thereof or refuse to remove a wrecked, - - . •• • -•, - • • •- . . • • . . :. .As provided for in Idaho Code § 49-1802, if a vehicle is found abandoned or under extraordinary circumstances and is removed at the direction of any authorized officer, and is not redeemed by the owner or lienholder within seven (7) days of the tow, the last registered owner of record is guilty of a traffic infraction, unless the owner has filed a release of liability with the department according to Idaho Code § 49-526, in which case the transferee shown on the release of liability shall be guilty of a traffic infraction. (9) 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. (10) If said junk motor vehicle, abandoned vehicle, vehicles or parts thereof are not removed within the time so fixed, the police department o,- building department may cause said junk motor vehicle, abandoned vehicle, vehicles or parts thereof to be removed and the actual costs er-of removal,-er towing in charge and a-storage fees of actual cost . • : ... . •. - ' . . - •. • •, , -• .. ' shall be charged to the owner. A notice of the storage shall be sent by certified mail to the registered and legal owner(s) within forty-eight (48) hours, excluding weekends and holidays, from the date of removal and/or towing. In the event said junk motor vehicle, abandoned vehicle, vehicles or parts thereof are not claimed by the lawful owner within ten (10) days from • _ . - . .- _ •. • _ • . _'. .f the date of notice, then and in that event, the same shall be sold according to law. Section 2: This ordinance shall be in full force and effect from and after its passage, approval, and publication, according to law. Section 3: This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 4: All ordinances, resolutions, orders and parts thereof in conflict herewith are repealed. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 17th day of December,2007. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 17th day of December,2007. ATTEST: CAL IYF o a)/ Mayor Garret Nancolas111/4.� �pRA lerk (or D4 ty) ,,, y J •� p,14 ‘5 • c1 ti•• oN cOVN O . • r ORDINANCES OF THE CITY OF CALDWELL NOTICE OF ADOPTION AND SUMMARY OF ORDINANCE NO. 2713 This ordinance amends, clarifies, and in some instances, reorders various provisions of Caldwell City Code Section 09-01-11, entitled "Unidentified, Stolen, Wrecked or Abandoned Motor Vehicles." The term "trailer" is specifically included among the class of vehicles that may be affected by the ordinance. The notice process to remove a vehicle affected by the ordinance is simplified, and notice is to be deemed given when placed upon the vehicle. If a vehicle is removed by the City pursuant to the ordinance, and that vehicle is not redeemed by the owner or lienholder within seven days, the owner of record (or transferee, if the owner has filed a release of liability with the department of motor vehicles) is guilty of a traffic infraction, as set forth in Idaho Code § 49-1802. The ordinance retains the subsection providing that it is 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 the ordinance. The ordinance provides for severability and that all ordinances, resolutions, and orders inconsistent with the ordinance are repealed. This ordinance includes an effective date, which shall be when published in the Idaho Press Tribune on the 24th day of December, 2007. Ordinance No. 2713 was passed by the Council and approved by the Mayor on the 411 Blaine Street, Caldwell, Idaho 83605. The Mayor and City Council approved the foregoing summary for publication pursuant to Idaho Code 50-901A on the 17th day of December,2007. Garret Nancolas,Mayor ATTEST: Debbie Geyer, City Clerk STATEMENT OF LEGAL ADVISOR I have reviewed the foregoing summary and believe that it provides a true and complete summary of Ordinance No. 2713 and provides adequate notice to the public to the contents of such ordinance. DATED this 17th day of Decemb- ,200 . Mark Hilty Attorney for City of Caldwell