O-2010-3265 updating junked motor vehicle regulations

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creating a hazard to the health and safety of minors, and is detrimental to the economic welfare of the City by producing urban blight which is adverse to the maintenance and continuing development of the City, and such vehicles are therefore declared to be a public nuisance. (b) A person commits a misdemeanor offense if the person maintains a public nuisance described in subparagraph "a" of this section, by locating a junked vehicle on private or public property, in circumstances where the junked vehicle is visible at any time of the year from a public place, public right-of-way, or private property or otherwise causes or maintains such public nuisance by wrecking, dismantling, rendering inoperable, abandoning or discarding his vehicle on his property or the property of another. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this chapter, during the prosecution of such offenses in any criminal proceeding. (c) This section shall not apply to a vehicle or part of a vehicle that is: (1) Completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; or (2) Stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard, or that is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property, if the vehicle or part and the outdoor storage area, if any, are: a. Maintained in an orderly manner; b. Not a health hazard; and c. Screened from ordinary public view by appropriate means, including a fence, rapidly growing trees or shrubbery. (d) The relocation of a junked vehicle that is subject to a proceeding for the abatement and removal of said junked vehicle under this Code, does not constitute an abatement of said junked vehicle nuisance, provided that said junked vehicle constitutes a public nuisance at the new location. Sec. 34-169. Abatement or removal notice; contents; service. (a) Whenever such public nuisance exists in the city in violation of this article, the director of planning and/or his employees, who shall administer this article, shall not give less than ten days' notice sent by certified mail with a five-day return requested to: (1) The last known registered owner of the nuisance; (2) Each lienholder of record of the nuisance; and (3) The owner or occupant of: a. The property on which the nuisance is located; or Page 3 of 5