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HomeMy WebLinkAboutA006 - proof of publication, October 1, 1984 (8) "Vehicle" means an automobile, LEGAL NOTICE truck, motorcycle, or other trackless self-propelled vehicle designed primarily ORDINANCE NO. 2907 to transport persons or property over AN ORDINANCE TO AMEND THE MUNICI- public streets and highways. Proof of Publication in The PAL CODE OF THE CITY OF AMES, Sec. 30.3. STORAGE OF JUNKED VEHI- IOWA, TO ENACT A NEW CHAPTER CLES, TRAILERS OR SEMITRAILERS. THIRTY (30) FOR THE PURPOSE OF It is hereby declared that the storage AMES DAILY TRIBUNE ADOPTING AN ORDINANCE PERTAINING of any junked vehicles, trailers or semi- TO JUNKED VEHICLES, TRAILERS AND trailers on private property within the SEMITRAILERS AND OUTDOOR STORAGE corporate limits of Ames, Iowa, for 48 OF MOTOR VEHICLES; REPEALING ALL hours, is unlawful, unless exempt by ORDINANCES OR PARTS OF ORDINANCES Section 30.9 of this chapter, and consti- IN CONFLICT HEREWITH; ESTABLISHING tutes a threat to the health, welfare and AN EFFECTIVE DATE; AND PROVIDING A safety of the citizens thereof, and is STATE OF IOWA, STORY COUNTY PENALTY declared to be a nuisance. $S, BE IT ORDAINED by the City Council Sec. 30.4. LIABILITY FOR VIOLATION. of the City of Ames, Iowa: The registered owner of any vehicle, Section-One. The Municipal Code of the trailer or semitrailer shall be prima facie F► Srte;:BurgaS+o Dale R. Culver, City of Ames, C>��j Iowa, is hereby amended liable for any violations of this chapter. on Oath depose and saythat I am gbfig pro- by enacting a new Chapter 30, to read as In the absence of any known or ascertain- follows: able owner, the occupant, lessee or owner duction foreman Of the AMES DAILY TRIBUNE, a "JUNKED VEHICLES, TRAILERS AND of the property upon which said vehicle, daily newspaper, printed at Ames, Story County, SEMITRAILERS; AND OUTDOOR STORAGE trailer or semitrailer is stored shall be OF MOTOR VEHICLES prim facie liable for the violation. Iowa;that the annexed printed a Sec. 30.1. PURPOSE OF CHAPTER. Sec. 30.5. NOTICE OF VIOLATION. The purpose of this chapter is to Upon discovery of any junked vehicle, C;lty pi Ames protect the health, welfare and safety of trailer or semitrailer stored upon private — Ordinance No. the citizens of the City of Ames and to property within the corporate limits of the preserve the value of property owned by city, the city manager or designee shall: 2907 these citizens by the prevention of the (1) Cause written notice to be sent by storage of junked vehicles, trailers and certified mail to the last known registered semitrailers within the corporate limits of owner of the vehicle, trailer or semitrailer the city,. except in places authorized; to and the owner or the owner's agent of provide for the removal of vehicles in the property upon which said vehicle is violation of the provisions of this chap- located; waS U ter; and for the enforcement and penal- (2) Cause written notice to be affixed p bIISh@d In said newspaper for ties for violation hereof, to the vehicle, trailer or semitrailer; Sec. 30.2. DEFINITIONS. (3) The notice shall describe, if ascer- consecutive W@@kS, the first For the purposes of this chapter, the tainable, the year, make, model and loca- following words, terms and phrases shall tion of the vehicle, trailer or semitrailer and the last Of said have the meanings set forth: and shall state that: publication W8S On the (1.) "Enclosed structure" means any (a) The vehicle, trailer or semitrailer structure or portion thereof built for the is declared junked under the provisions day Of Or-tOhpr enclosure of property, containing a roof of Chapter 30 of the Municipal Code of and having exterior walls of the structure the City of Ames, Iowa;or portion thereof constructed in such a (b) The owner of said vehicle, trailer 19_4 manner as to obscure from any street or of or semitrailer or in the absence of any adjacent property the contents thereof known or ascertainable owner, the owner L ._ and being of a permanent nature. of the property upon which said vehicle, (2) "Junked" means any vehicle, trailer or semitrailer is stored, must Sworn to before me and subscribed in m r trailer or semitrailer stored for 48 hours remove or repair the vehicle, trailer or y p eSence within the corporate limits of Ames, Iowa, semitrailer or otherwise comply with the by MoUis'•J ,?NOrdytaEeXg[ whether currently licensed or not, which provisions of Chapter 30 of the Municipal Culver. + Dale R. because of any.one of the following char- Code of the City of Ames, Iowa, within acteristics constitutes a threat to the ten (10) days of notification, or said public .health,, welfare, and/or safety; vehicle, trailer or semitrailer may be this 1' `' day of October (a) Any vehicle; trailer or semitrailer towed; which is rendered inoperable because of a (c) Failure to comply with the provi- missing or broken windshield or window sions of said Chapter 30 constitutes a 1934. glass, fender, door, bumper, hood, misdemeanor in violation of the Ames steering wheel, driver's seat, trunk, fuel ' Municipal Code; tank, two or more wheels, engine, drive (d) Any person holding an ownership `��`C�c�'i shaft, differential, battery, generator or interest in this property may file a writ- - �-_Notary Public alternator or other component part of an ten request for a hearing before the city in and for Story County. electrical system, or any component or manager or designee within ten (10) days structural part; of the date of this notice. Fees, $ 113.23 (b) Any vehicle, trailer or semitrailer Sec. 30.6. PROCEDURE FOR HEARING. which has become the habitat of rats, The hearing shall be held as soon as mice, snakes or any other vermin or practicable after the filing of the request insects; and the persons to whom notices are (c) Any vehicle, trailer or semitrailer directed shall be advised of the time and which contains stored gasoline or other place of said hearing at least three days. fuel, paper, cardboard, wood or other in advance thereof. At any such hear- combustible materials, garbage, refuse, ing, the city manager or designee and the solid waste, debris, etc; persons to whom the notices have been (d) Any vehicle, trailer or semitrailer directed may introduce such witnesses used for storage purposes or harborage, and evidence as either party deems neces- cage or dwelling for animals of any kind; sary. If the existence of the violation is (e) Any other vehicle, trailer or affirmed by'the city manager or designee, semitrailer which because of its defective the parties adversely affected by this (2) If the owner of record of a junked or obsolete condition in any other way hearing shall have no longer than seven vehicle, trailer or semitrailer, or in the constitutes a threat to the public health days from the date ,of final order to absence of any known or ascertainable or safety of the citizens Of Ames, Iowa; comply with said order. owner, the owner of the property. on 1; (f) Any vehicle which contains gasoline Sec. 30.7. REMOVAL OR REPAIR OF VE- which said vehicle, trailer or semitrailer or any flammable fuel and is inoperable. HICLES, TRAILERS OR SEMITRAILERS. is stored, fails to comply with the terms (3) "Nuisance" means ,whatever is (1) The owners .of a junked vehicle, of this section, the city manager or injurious to health, indecent, or offensive trailer or semitrailer which violates the designee may declare the vehicle, trailer to the senses, or an obstruction to the provisions of this chapter, or in the or semitrailer to be junked and shall free use of property, so as essentially to absence of any known or ascertainable direct the removal of said vehicle, trailer or semitrailer. interfere with the comfortable enjoyment owner, the owner of the property upon (3) Disposal of vehicles, trailer or of life or property. (4) "Inoperable" means not capable Of Wh1Ch said vehicle, trailer semitrailer semitrailers. All junked vehicles, trailers is stored, shall, within ten (10) days or semitrailers which are towed by the being used or operated. following the effective date of notice from (5) "Stored" means a vehicle, trailer the city manager or designee, remove the or semitrailer left upon private property vehicle, trailer or semitrailer to an auto for 48 hours. salvage yard, funk yard or demolisher (6) "Semitrailer" means every vehicle duly licensed by the city, .or repair the without motive power designed for carry- defect which caused said vehicle, trailer ing persons or property and for being or semitrailer to violate the provisions-of drawn by a motor vehicle and so con- this chapter, or to otherwise comply with structed that some part of its weight and this chapter. that of its load rests upon or is carried by another vehicle. (7) "Trailer" means every vehicle with- out 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 vehi le. 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 Sec. 30.11. SEVERABILITY. 321.90 of the 1983 Code of Iowa. If any section, provision, or part of Sec. 30.8. PENALTY FOR VIOLATION. this chapter shall be adjudged invalid or Any person, firm, partnership or unconstitutional, such adjudication shall corporation who violates any provision of not affect the validity of the chapter as a this chapter is guilty of a misdemeanor whole, or any section, provision or part and upon canviction shall be subject to thereof not adjudged invalid or unconstitu imprisonment for a term not exceeding tional." thirty days or a fine of not less than Section Two. This ordinance shall be fifty dollars nor more than one hundred in full force and effect from and after its dollars. passage and publication as required by Sec. 30.9. EXEMPTIONS, law. The provisions of this chapter shall not Section Three. All ordinances or parts apply to: of ordinances in conflict herewith are (1) Vehicles, trailers or semitrailers hereby repealed to the extent of their stored within a garage or other enclosed conflict. structure or which are kept concealed and Section Four. Violation of the provi- enclosed behind an opaque wall at least sions of this ordinance shall constitute a six feet in height, or completely covered misdemeanor punishable by a fine of not by a tight fitting opaque cloth vehicle less than fifty dollars nor more than one cover or tight fitting cloth tarpaulin; hundred dollars ($100.00) or thirty (30) (2) Vehidles, trailers or semitrailers days in jail. stored upon the premises of a duly autho- rized salvage yard or junk yard and Passed this :uth day of September, 1984. meeting the requirement of the Ames Nancy Gibbons, City Clerk Municipal Code. F. Paul Goodland, Mayor Sec. 30.10. OUTDOOR STORAGE OF published in The Ames Daily Tribune, MOTOR VEHICLES. In as much as it is found that the stor- October 1,1984. age of motor vehicles which are not deem- ed to be junked out of doors can detract from the beneficial use and enjoyment of neighboring properties, certain special regulations 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, posses- sion 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. (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, posses- sion 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. (3) The provision of subsection (2) notwithstanding the keeping, parking or storage, out of doors, of any wrecked or demolished motor vehicle, or motor vehicle stripped for parts, at the same commer- cially zoned site for more than one hun- dred eighty days is prohibited, except in a permitted salvage yard, or if done pur- suant to a special use permit issued to the owner or other person in possession' and lawful control of the premises in accordance with the procedures set out in Section 29.45 hereof. (4) 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 com- pletely covered by a tight fitting opaque cloth vehicle cover or tight fitting cloth tarpaulin. (b) vehicles kept in commercial auto- mobile salvage yards lawfully established and existingprior 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.