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HomeMy WebLinkAboutA001 - Staff report , 3 STAFF REPORT • JUNK CAR ORDINANCE Explanation of Ordinance Attached is an ordinance which has been prepared by staff in response to Council concerns regarding the ineffectiveness of the present Junk Car Ordinance (City Code Section 29.76 - attached). The primary change which would be instituted if this ordinance were adopted is that vehicles which meet the definition of "junked" as defined in Section 30.2(2) of the new ordinance would be in violation of this ordinance. In essence, this means that any vehicle which has met any of the criteria enumer- ated in 30.2(2) for 48 hours would be in violation of City Code and would be declared junked. After the 48-hour period has passed, a letter would be sent to the vehicle owner and property owner giving these persons 10 days to either correct the violation or remove the vehicle from the property. Alternatively, persons charged with this violation may request a hearing before the City Manager or his designee. If the violation is not corrected within 10 days or a hearing is not requested by the violator within 10 days, then this ordinance provides City staff with the authority to tow the vehicle to the City's impound lot. It should be noted that a key provision of this ordinance is Section 30.2(2a) . This section states that the vehicle must be rendered inoperable before it would be considered to be a violation. As another alternative, this section could read that any one of the characteristics enumerated alone would cause a vehicle to be in violation even if the vehicle is operable. Council Bluffs and Davenport have similar ordinances which allow for towing of junked vehicles. The one major difference is that a citizen board, such as the Board of Health or Public Safety Camnittee, is the hearing agency. The attached ordinance would make the City Manager or his designee the hearing agency. There- fore, another alternative to the attached ordinance would be to utilize an exist- ing City board or committee or form a new board or committee to serve as a hear- ing agency. For vehicles which do not meet the definition of junked as defined in Section 30.2(2) , Section 30.10 would apply. The wording in this section is the same as is currently found in Section 29.76 with the exception that the time limit allowed for storage of vehicles on residential property without movement or use has been reduced from 30 to 15 days. Section 30.7(3) indicates that the owner of a junked vehicle towed by the City will be responsible for paying towing, storage, and administrative fees to the City. An administrative fee would have to be set and reviewed annually. It is assumed that the administrative fee would include a reasonable charge for all. inspection, administrative, and clerical time involved. Since only a 48-hour observation period is required for junked vehicles, it is anticipated that the 4 ` inspection time will be much less than present. Violations caused by lack of movement or use which are not considered "junked" by this ordinance (Section 30.10) would have to be in violation for 15 days. Therefore, additional inspec- • tion time would be required. However, it is not possible to recoup any adminis- trative or inspection costs associated with the violation of Section 30.10 because violators of this section are subject to a misdemeanor penalty as indi- cated in 30.8. Conclusion Staff believes that the proposed ordinance may be a more effective way to res- pond to the more serious junked car violations found in Ames. As opposed to the normal court procedure and the typical fine associated with persons found guilty by the court, this ordinance would allow a speedier administrative process to be utilized for those vehicles defined as "junked" in the attached ordinance and would also allow administrative charges to be imposed. If Council is interested in placing this item on a future Council meeting agenda for discussion, please contact the City Manager's office. 5 I V� �C .t . CHAPTER 30 JUNKED VEHICLES, TRAILERS AND SEMITRAILERS; AND OUTDOOR STORAGE OF MOTOR VEHICLES 30.1 Purpose of chapter. The purpose of this chapter is to protect the health, welfare and safety of the citizens of the City of Ames and to preserve the value of property owned by these citizens by the pre- vention of the storage of junked vehicles, trailers and semitrailers within the corporate limits of the city, except in places authorized; to provide for the removal of vehicles in violation of the provisions of this chapter; and for the enforcement and penalties for violation hereof. 30.2 Definitions. For the purposes of this chapter, the following words, terms and phrases shall have the meanings set forth: (1) "Enclosed structure" means any structure or portion thereof built for the enclosure of property, containing a roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent proper- ty the contents thereof and being of a permanent nature. (2) "Junked" means any vehicle, trailer or semitrailer stored for 48 hours within the corporate limits of Ames, Iowa, whether • currently licensed or not, which because of any one of the following characteristics constitutes a threat to the public health, welfare, and/or safety; (a) Any vehicle , trailer or semitrailer which is rendered in- operable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver's seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, or any component or structural part. (b) Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin or insects; (c) Any vehicle, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood or other combustible materials, garbage, refuse, solid waste, debris, etc. ; (d) Any vehicle, trailer or semitrailer used for storage pur- poses or harborage, cage or dwelling for animals of any kind; 6 (e) Any other vehicle, trailer or semitrailer which because of • its defective or obsolete condition in any other way con- stitutes a threat to the public health or safety of the citizens of Ames, Iowa; (f) Any vehicle which contains gasoline or any flammable fuel and is inoperable; (3) "Nuisance" means whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property; (4) "Inoperable" means not capable of being used or operated . (5) "Stored" means a vehicle, trailer or semitrailer left upon private property for 48 hours. (6) "Semitrailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle; (7) "Trailer" means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor • vehicle and so constructed that no part of its weight rests upon the towing vehicle; (8) "Vehicle" means an automobile, truck, motorcycle, or other trackless self-propelled vehicle designed primarily to transport persons or property over public streets and highways. 30.3 Storage of junked vehicles, trailers or semitrailers. It is hereby de- clared that the storage of any junked vehicles, trailers or semitrailers on private property within the corporate limits of Ames, Iowa, for 48 hours, is unlawful, unless exempt by Section 30.9 of this chapter, and constitutes a threat to the health, welfare and safety of the citizens thereof, and is declared to be a nuisance. 30.4 Liability for violation. The registered owner of any vehicle, trailer or semitrailer shall be prima facie liable for any violations of this chapter. In the absence of any known or ascertainable owner, the occupant, lessee or owner of the property upon which said vehicle, trailer or semitrailer is stored shall be prima facie liable for the viola- tion. 30.5 Notice of violation. Upon discovery of any junked vehicle, trailer or semitrailer stored upon private property within the corporate limits of the city, the city manager or designee shall: 7 • (1) Cause written notice to be sent by certified mail to the last known registered owner of the vehicle, trailer or semitrailer and the owner or the owner's agent of the property upon which said vehicle is located; (2) Cause written notice to be affixed to the vehicle, trailer or semi- trailer; (3) The notice shall describe, if ascertainable, the year, make, model and location of the vehicle, trailer or semitrailer and shall state that: (a) The vehicle, trailer or semitrailer is declared junked under the provisions of Chapter 30 of the Municipal Code of the City of Ames, Iowa. (b) The owner of said vehicle, trailer or semitrailer or the owner of the property upon which said vehicle, trailer or semitrailer is stored, must remove or repair the vehicle, trailer or semitrailer or otherwise comply with the provision of Chapter 30 of the Municipal Code of the City of Ames, Iowa, within ten (10) days of notification, or said vehicle, trailer or semitrailer may be towed, . (c) Failure to comply with the provisions of said Chapter 30 constitutes a misdemeanor in violation of the Ames Municipal Code. (d) State that any person holding an ownership interest in this property may file a written request for a hearing before the city manager or designee within ten (10) days of the date of this notice. 30.6 Procedure for hearing. The hearing shall be held as soon as practi- cable after the filing of the request and the persons to whom notices are directed shall be advised of the time and place of said hearing at least three days in advance thereof. At any such hearing, the city manager or designee and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary. If the existence of the violation is affirmed by the city manager or designee, the parties adversely affected by this hearing shall have no longer than seven days from the date of final order to comply with said order. 30.7 Removal or repair of vehicles, trailers or semitrailers. (1) The owners of a junked vehicle, trailer or semitrailer- which violates the provisions of this chapter, or in the absence of any known or ascertainable owner, the owner of the property upon which said vehicle, trailer or semitrailer is stored, shall, within ten (10) days following the effective date of notice from 8 the city manager or designee, remove the vehicle, trailer or • semitrailer to an auto salvage yard, junk yard or demolisher duly licensed by the city, or repair the defect which caused said vehicle, trailer or semitrailer to violate the provisions of this chapter, or to otherwise comply with this chapter. (2) If the owner of record of a junked vehicle, trailer or semitrailer, or, in the absence of any known or ascertainable owner, the owner of the property on which said vehicle, trailer or semi- trailer is stored, fails to comply with the terms of this section, the city manager or designee may declare the vehicle, trailer or semitrailer to be junked and shall direct the removal of said vehicle, trailer or semitrailer. (3) Disposal of vehicles, trailers or semitrailers. All junked vehicles, trailers or semitrailers which are towed by the city pursuant to this chapter shall be impounded until lawfully claimed and all towing, storage and administrative fees paid or shall be disposed of pursuant to the provisions of Section 321.89 and 321 .90 of the 1983 Code of Iowa. 30.8 Penalty for violation. Any person , firm, partnership or corporation who violates any provision of this chapter is guilty of a misdemeanor and upon conviction shall be subject to imprisonment for a term not. exceeding thirty days or a fine of not less than fifty dollars nor more than one hundred dollars. 30.9 Exemptions. The provisions of this chapter shall not apply to: (1) Vehicles, trailer or semitrailers stored within a garage or other enclosed structure or which are kept concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by an opaque cloth vehicle cover or tarpaulin; (2) Vehicles, trailers or semitrailers stored upon the premises of a duly authorized salvage yard or junk yard and meeting the re- quirement of the Ames Municipal Code. 30. 10 In as much as it is found that the storage of motor vehicles which are not deemed to be junked out of doors can detract from the beneficial use and enjoyment of neighboring properties, certain special regula- tions are established as follows: (1) No person shall keep, store or display one or more motor vehicles out of doors on property zoned for residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under their ownership, possession or control for more than fifteen (15) days without movement and use of said vehicle as an operating motor vehicle unless the owner of the subject land has obtained a special use permit from the Zoning Board of Adjustment pursuant to the procedures set out in section 29.45 of the Ames Municipal Code. 9 • (2) No person shall store or display one or more motor vehicles out of doors on property zoned for commercial use, or permit the parking out of doors of a motor vehicle on commercially zoned property under their ownership, possession or control for more than one year without movement and use of said vehicle as an operating motor vehicle unless the owner of the subject land has obtained a special use permit from the Zoning Board of Adjustment ursuant to the procedures set out in section 29.45 of this code'. (3) The following shall be exempt from the regulations of this section: (a) vehicles kept in a garage or other enclosed structure or which are kept concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by an opaque cloth vehicle cover or tarpaulin. (b) vehicles kept in commercial automobile salvage yards lawfully established and existing prior to January 1 , 1982. (c) a "motor home", pickup truck with camper top, converted bus or van, or similar recreational vehicle, which is currently licensed for' operation on the public highways. . (d) a motor vehicle currently licensed for operation on the public highways and lawfully parked off the streets while the owner or other person in lawful possession and control thereof, if a resident of this city, is out of the city for more than fifteen (15) days but not more than one hundred eighty days. 30. 11 Severability.. If any section, provision, or part of this chapter shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the chapter as a whole, or any section, provi- sion or part thereof not adjudged invalid or unconstitutional. Sec. 29.76. SPECIAL REGULATIONS FOR SALVAGE YARDS; OUTDOOR STORAGE OF MOTOR VEHICLES; AND, WRECKED OR DEMOLISHED MOTOR VEHICLES. • (1) In as much as it is found that the keeping of salvaged parts and materials, and the storage of motor vehicles out of doors can detract from the beneficial use and enjoyment of neigh- boring properties, certain special regulations are established as follows: (a) A salvage yard as defined in section 29.2 (18) is pro- hibited anywhere except in the G-I, General Industrial district, subject to the general provisions of that dis- trict, including site plan and city manager evaluation and approval all as set out in section 29.25, but also subject to a special use permit issued after public hear- ing by the Zoning Board of Adjustment with such pro- tective conditions as are warranted, pursuant to the procedures set out in section 29.45 hereof. (b) No person shall keep, store or display one or more motor vehicles out of doors on property zoned for resi- dential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under their ownership, possession or control for more than thirty days without movement and use of said vehicle as an operating motor vehicle unless the owner of the subject . land has obtained a special use permit from the Zoning Board of Adjustment pursuant to the procedures set out in section 29.45 of this code. (c) No person shall store or display one or more motor vehicles out of doors on property zoned for commercial use, or permit the parking out of doors of a motor vehicle on commercially zoned property under their ownership, possession or control for more than one year without movement and use of said vehicle as an operating motor vehicle unless the owner of the subject land has obtained a special use permit from the Zoning Board of Adjustment pursuant to the procedures set out in section 29.45 of this code. (d) The provision of subsection (c) notwithstanding the keeping, parking or storage, out of doors, of any wreck- ed or demolished motor vehicle, or motor vehicle stripped for parts, at the same commercially zoned site for more than one hundred eighty days is prohibited, except in a permitted salvage yard, or if done pursuant to a special use permit issued to the owner or other person in pos- session and lawful control of the premises in accordance with the procedures set out in Section 29.45 hereof. • SUPP. 14 29-83 Jan. 1, 1984 (2) The following shall be exempt from the regulations of this section: (a) vehicles kept in enclosed buildings or which are kept • concealed and enclosed behind an opaque wall at least six feet in height, or completely covered by an opaque cloth vehicle cover or tarpaulin. (b) vehicles kept in commercial automobile salvage yards lawfully established and existing prior to January 1, 1982. (c) a 'motor home', pickup truck with camper top, converted bus or van, or similar recreational vehicle, which is currently licensed for operation on the public highways. (d) a motor vehicle currently licensed for operation on the public highways and lawfully parked off the streets while the owner or other person in lawful possession and control thereof, if a resident of this city, is out of the city for more than thirty days but not more than one hundred eighty days. (3) The zoning board of adjustment shall not grant any special permit as authorized and required in subsections 1(a) through 1(d) above unless the board shall first find as a fact that the keeping of such vehicles under their present or proposed conditions or circumstances will not: ' (a) provide an attractive and dangerous nuisance for young children. (b) be a harborage for rats and other forms of vermin. (c) be an unsightly detraction from the use and enjoyment of adjacent properties. In granting a permit the board may impose such time limits and other special protective conditions as it shall find useful and reasonable to the concerns expressed in a, b and c above. (Ord. No. 2819, Sec. 1, 4-6-82)