JUNK, JUNK VEHICLES, AND JUNK MACHINERY
CHAPTER
16
16-1 Purpose
16-2
Definitions
16-3 Junk, Junk
Vehicles, and Junk Machinery Prohibited
16-4 Junk, Junk Vehicles, and Junk Machinery a Nuisance
16-5
Exceptions
16-6 Notice
to Abate
16-7 Service
of Notice
16-8 Duty of
Owner to Remove or Repair After Notice / Request for
Hearing
16-9
Abatement by City
16-1 PURPOSE. The purpose of this Chapter is to protect the
health, safety, and welfare of the citizens and safety of property of this city
by providing for removal of abandoned motor vehicles and the elimination of the
open storage of abandoned junk motor vehicles and machinery except in places
authorized.
16-2 DEFINITIONS. For use in this chapter, the following terms
are defined:
1. “Junk” means all old or scrap copper, brass, lead, or
any other non-ferrous metal; old or discarded rope, rags, batteries, paper,
trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled
vehicles, machinery and appliances or parts of such vehicles, machinery or
appliances; iron, steel or other old or scrap ferrous materials; old or
discarded glass, tin ware, plastic or cold or discarded household goods or
hardware. Neatly stacked firewood
located on a side yard or a rear yard is not considered junk. It is expressly provided that the term
"junk" shall include any and all vehicular component parts such as
motors, transmissions, fenders, glass, or any other such parts of vehicles or
machinery.
2. “Junk Vehicle” and “Junk Machinery” mean any vehicle,
truck or piece of machinery which has any one of the following characteristics:
A. Unlicensed.
Any ordinarily licensed vehicle that is not currently licensed and
displaying the appropriate license and decals.
B. Inoperable.
Any vehicle missing one or more of the following components:
i.
Engine
ii.
Transmission
iii.
Any part that
renders the vehicle incapable of being driven under its own power
iv.
Windshield
v.
Windows
vi.
Inflated tires,
where one or more tires have been flat for 10 or more days
C. Habitat for Nuisance Animals or Insects. Any vehicle that has become the habitat for
rats, mice, or snakes, or any other vermin or insects.
D. Flammable Fuel.
Any vehicle that contains gasoline or any other flammable fuel, other
than fuel in the factory equipped fuel tank. This subsection shall not apply to
fuel delivery vehicles licensed as such by the Iowa Department of
Transportation.
E. Defective or Obsolete Condition. Any other vehicle, which because of its
defective or obsolete condition, in any other way constitutes a threat to the
public health and safety.
Mere licensing of a vehicle shall not constitute a defense to the finding that the vehicle is a junk vehicle.
3. “Vehicle” means every device in, upon, or by which a
person or property is or may be transported or dawn upon a highway or street,
excepting devices moved by human power or used exclusively upon stationary
rails or tracks, and includes without limitation a motor vehicle, automobile,
truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination
thereof.
16-3 JUNK, JUNK VEHICLES, AND JUNK MACHINERY PROHIBITED. It is
unlawful for any person to store, accumulate, or allow to
remain on any public or private property within the corporate limits of
City any junk, junk vehicle, or junk machinery.
16-4 JUNK, JUNK VEHICLES, AND JUNK MACHINERY A NUISANCE. It is hereby
declared that any junk, junk vehicle or junk machinery, located upon public or
private property, unless excepted by Section 16-5,
constitutes a threat to the health and safety of the citizens and is a nuisance
within the meaning of Section 657.1 of the Code of Iowa and Chapter 11 of these
ordinances. If any junk, junk vehicle or
junk machinery, is kept upon public or private
property in violation hereof, the owner or person in control of the property
upon which is located shall be prima facie liable for said violation. If such junk, junk vehicle,
or junk machinery is located on public property, the owner of that junk, junk
vehicle, or junk machinery shall be responsible for removal of the same and
costs related to that removal.
16-5 EXCEPTIONS. The provisions of this Chapter do not apply
to any junk, junk vehicles or junk machinery that:
1. Structure or Fence.
Is stored in a garage or other completely enclosed structure, or is
completely surrounded by a permanent privacy fence at least 6 feet in height
that screens the area enclosed from view.
Areas screened by a fence and used for storage of junk, junk vehicles or
junk machinery shall be paved with concrete, asphalt, rock or gravel that
effectively prevent the growth of vegetation around the vehicles.
2. Other.
Vehicles that are currently licensed that are nonoperable
solely by reasons of repair work being done thereon, provided that the
following conditions are met:
A. The vehicle is owned by a occupant of the premises
and registered to this person at that address, or is owned by and registered to
a member of the person’s immediate family;
B. The period of repair work does not exceed ten (10)
days in duration; and
C. No more than two (2) vehicles in need of repair are
located on the premises at the same time.
The ten (10) day limit may at the discretion of the Mayor or Council be extended for an additional ten (10) days if the owner can demonstrate that it is impossible to complete the ordinary and routine repairs within ten (10) days because of unavailability of parts or other emergency beyond the control of the owner.
3. Vehicle and Machinery Repair Shops. This Chapter shall also be applicable to
vehicle and machinery repair shops that perform vehicle and machinery repair
for third parties for a fee with the following express exception:
Temporary
exterior storage of junk vehicles or junk machinery as defined in this Chapter
is permitted for a maximum of 10 days for any particular vehicle or piece of
machinery, so long as the purpose for such temporary storage is the legitimate
repair of the junk vehicle or junk machinery so that the same will be in full
compliance with this Chapter upon completion of the repairs. This exception shall not apply to junk as
defined in section 16 - 2 of this Chapter, and all vehicle and machinery repair
shops shall be required to comply with the regulations of this chapter related
to junk.
16-6 NOTICE TO ABATE. Upon discovery of any junk, junk
machinery, or junk vehicle located on private property in violation of this
chapter, the City Clerk or his/her duly authorized representative shall notify,
in writing, the owner of the property upon which the vehicle is located and the
owner of the vehicle, if known, that:
1. The junk, junk machinery or junk vehicle constitutes
a nuisance under the provision of this chapter; and
2. The junk, junk machinery or junk vehicle must be
removed in accordance with the provisions in Section 16-6 of this chapter or
repair the vehicle and properly display current registration, plates or
stickers for the vehicle within 20 days; and
3. Failure to abate nuisance as prescribed by the notice
shall be sufficient cause for removal of the junk, junk machinery or junk
vehicle by the City as set forth in section 16-6 of this chapter.
4. Notice shall advise the right to request a hearing.
16-7 SERVICE OF NOTICE. Any notice shall be deemed to be
properly served when a copy thereof is delivered to him/her personally or by
certified mail with return receipt requested to his/her last known
address. If the City selects service by
certified mail, notice shall be deemed given when mailed.
16-8 DUTY OF OWNER TO REMOVE OR REPAIR AFTER NOTICE
REQUEST FOR HEARING. The owner of a junk, junk machinery, or junk
vehicle and the owner of the property upon which it is located shall, within 20
days after notice has been given as provided in Section 16-6 hereof;
1. Repair any and all conditions as defined under
sections 16-2 of this chapter which caused such vehicle to be a nuisance as
defined herein; or
2. Remove the junk, junk machinery or junk
vehicle or cause to have the junk, junk machinery or junk vehicle removed to an
authorized junk/salvage yard or to any other location provided the same
complies with all applicable provisions of this Code of Ordinances.
3. Any owner or other person alleged to be in
violation of this ordinance and who has received a notice in accordance with
Section 16-6 and 16-7 shall have the right to request a hearing. Such hearing shall be requested in writing,
by delivery of such request to the Mayor or City Clerk within ten days of the
date of issuance of the notice. The City
Council shall promptly schedule a hearing, and such hearing shall be before the
City Council of the City of
16-9 ABATEMENT BY THE CITY. If the owner of the junk, hobby vehicle or
junk vehicle or owner of the property upon which the junk, hobby vehicle or
junk vehicle is located shall fail to abate the nuisance as prescribed in
Section 16-8 of this chapter, the City of Elberon by
and through the Tama County Sheriff or his/her designated representative may
abate such nuisance by causing the junk, junk machinery or junk vehicle to be
removed and impounded and sold or disposed of as provided for abandoned
vehicles under the Iowa Code. The
Council may also, by resolution, establish reasonable fees for any other costs
incurred through the enforcement of this Chapter. All costs of such abatement and enforcement
shall be charged to the owner of the junk, junk machinery or junk vehicle, if
known. If, in the
event that it is not possible to determine the owner of the vehicle, all costs
of such abatement and enforcement shall be charged to the owner of the property
where such vehicle was located.
All such costs may be assessed against the property being deemed as
benefiting from the removal and collected as special assessment in the same
manner as property taxes.