Chapter 8.12
ABANDONED VEHICLESlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991
8.12.010: DEFINITIONS:
8.12.020: NUISANCE DECLARED; EXEMPTIONS:
8.12.030: RESPONSIBILITY FOR REMOVAL:
8.12.040: REMOVAL NOTICE; HEARING:
8.12.050: REMOVAL WITHIN TWENTY FOUR HOURS:
8.12.060: REMOVAL AND IMPOUNDMENT BY CITY:
8.12.070: DISPOSITION OF IMPOUNDED VEHICLES:
8.12.080: REDEMPTION OF IMPOUNDED VEHICLES:
8.12.090: SPECIAL PERMIT AND FEE FOR KEEPING VEHICLES:

8.12.010: DEFINITIONS:linklink


For the purpose of this chapter, the following terms, phrases, words and their derivations, shall have the meanings ascribed in this section. When not inconsistent with the context, words used in the present tense shall include the future, plural words shall include the singular, and singular words shall include the plural. The word "shall" is always mandatory and not merely directory.

DIRECTOR OF TRAFFIC: The chief of police or other city employee designated by the mayor to serve in this capacity.

SUBJECT VEHICLE: Any "vehicle" as defined in this section, which is structurally damaged, dismantled, partially dismantled, junked, abandoned or discarded.

VEHICLE: Any vehicle which is self-propelled and/or designed to travel along the ground, on water or through the air, including, but not limited to, aircraft, watercraft, automobiles, buses, motor bikes, motorcycles, motor scooters, trucks, motor homes, tractors, go-carts and golf carts, as well as parts or appurtenances thereto; and, it shall also include campers and trailers which are neither inhabited nor affixed to a foundation. (Ord. 220 § 1, 1980: Ord. 179 § 1, 1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400893
8.12.020: NUISANCE DECLARED; EXEMPTIONS:linklink


A. Abandoned Vehicles: No persons shall park, store, leave, abandon or permit the parking, storing, leaving or abandonment of any "subject vehicle" as defined in section 8.12.010 of this chapter, whether attended or not, upon any public or private property within the city for a period of time exceeding twenty four (24) hours. The presence of an inoperative vehicle, or parts thereof, on private or public property is hereby declared to be a nuisance in that it represents a serious hazard to the public health, safety, convenience and welfare of the residents of the city. Such nuisance may be abated as provided below. This section shall not apply to:

1. Any vehicle completely enclosed within a building on private property or any vehicle held in connection with a business enterprise lawfully licensed by the city and located in an area in which such a business is permitted by the zoning laws of the city; provided, however, parking of such vehicles on public streets for more than twenty four (24) hours is not permitted.

2. Any vehicle completely enclosed by properly maintained fences or other structures built to a sufficient height, up to the maximum allowable, to screen the vehicle from public view and from views from abutting properties or existing, adjoining residential structures, whether or not such property is separated by an alleyway or street. Any fence constructed to satisfy this requirement shall comply with all limitations upon the height of fences or other structures established by city ordinance.


B. Operative Vehicles On Streets And Property: No person shall park, store, leave, abandon or permit the parking, storing, leaving or abandonment of any "vehicle" as defined in section 8.12.010 of this chapter, except to the extent permitted in subsections 18.12.040C and H of this chapter, whether attended or not, upon any public property or private property within the city for a period of time exceeding twenty four (24) hours. The presence of such a vehicle on public or private property is hereby declared to be a nuisance in that it represents a serious hazard to the public health, safety, convenience and welfare of the residents of the city. Such nuisance may be abated as provided below. This section shall not apply to:

1. Any vehicle completely enclosed within a building on private property or any vehicle held in connection with a business enterprise lawfully licensed by the city and located in an area in which such business is permitted by the zoning laws of the city; provided, however, parking of such vehicles on public streets for more than twenty four (24) hours is not permitted.

2. Any vehicle completely enclosed by properly maintained fences or other structures built to a sufficient height, up to the maximum allowable, to screen the vehicle from public view and from views from abutting properties or existing, adjoining residential structures, whether or not such property is separated by an alleyway or street. Any fence constructed to satisfy this requirement shall comply with all limitations upon the height of fences or other structures established by city ordinance.

3. Boats, travel trailers and detached campers stored on the side or rear yard of a residence pursuant to subsection 18.12.040C of this chapter. (Ord. 323 § 2, 1989)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400894
8.12.030: RESPONSIBILITY FOR REMOVAL:linklink

Upon proper notice and opportunity to be heard as specified in section 8.12.040 of this chapter, the owner of a subject vehicle, and the owner or occupant of the private property on which such vehicle is located, either or all of them, shall be responsible for its proper removal. In the event of removal and disposition by the city, the owner of the vehicle and/or the owner or occupant of the private property where the vehicle is located shall be liable for the expenses incurred; provided, that such liability shall not attach to the owner or occupant of the property if it satisfactorily appears to the director of traffic that the vehicle in question was placed on the property without the owner's or occupant's prior knowledge, permission, or subsequent acquiescence. (Ord. 179 § 3, 1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400895
8.12.040: REMOVAL NOTICE; HEARING:linklink


A. Whenever it comes to the attention of the director of traffic that any nuisance as defined in section 8.12.020 of this chapter exists within the city, a notice in writing shall be served upon the owner of the vehicle and the occupant of the property where the nuisance exists or, in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal within fifteen (15) days following issuance of the notice. The notice shall further advise that upon failure to comply with its terms, the city or its designee shall undertake such removal with the costs incurred thereby to be levied against the owner of the vehicle and/or the owner or occupant of the property.


B. If the owner of the vehicle, and the owner or occupant of the property, cannot be located personally, it shall constitute sufficient notice if a copy of the same is posted in a conspicuous place upon the property and duplicate copies of the notice are sent by certified mail to the owner of the vehicle and the owner or occupant of the property, if known, at their last known addresses.


C. Persons to whom notices are directed or their duly authorized agents, may file a written request for hearing before the city council within the fifteen (15) day period prescribed herein, for the purpose of showing cause why they should not be required to comply with the terms of this chapter. Such hearing shall be held at the next regularly scheduled meeting of the city council at least five (5) days after the filing of the request for hearing, and the persons to whom notices are directed shall be advised by ordinary mail or personal delivery of the time and place of the hearing at least five (5) days in advance thereof.


D. The time remaining for compliance with the notice shall be tolled upon the filing of a request for hearing and shall not again commence to run until the hearing has been conducted and the city council has issued its decision. At any such hearing, the city and the persons to whom notices have been directed may introduce such witnesses and evidence as either party deems necessary. The city council shall decide whether or not the vehicle in question should be impounded (unless impoundment has already occurred as authorized in section 8.12.050 of this chapter) and subject to disposition pursuant to this chapter. (Ord. 179 § 4, 1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400896
8.12.050: REMOVAL WITHIN TWENTY FOUR HOURS:linklink


A. Notwithstanding the provisions of section 8.12.040 of this chapter, if the director of traffic reasonably determines that the condition and location of a subject vehicle are such that the vehicle represents a clear, present and serious hazard to life, safety or health, he shall, without delay, attempt to ascertain the identity of its owner and of the owner or occupant of property on which it is found, and shall personally serve upon such person a written demand that the vehicle be removed within twenty four (24) hours.


B. If the identity of such person cannot be readily ascertained, or if there is a failure to comply with the demand for removal, the director of traffic may remove and impound the vehicle as provided in section 8.12.060 of this chapter, and shall give notice of such action in the manner prescribed in section 8.12.060 of this chapter. Opportunity for hearing shall be granted as provided in section 8.12.040 of this chapter, except that a hearing may be requested after either notice to remove or notice of impoundment, and that the person receiving notice may request, and shall receive upon request, an accelerated hearing before a quorum of the city council at a special meeting conducted no later than seven (7) days after filing the request for such hearing. Notice of such hearing shall be personally delivered or sent by ordinary mail no less than five (5) days in advance thereof. (Ord. 179 § 4, 1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400897
8.12.060: REMOVAL AND IMPOUNDMENT BY CITY:linklink


A. If the violation described in the notice has not been remedied within the compliance period, or if a hearing has been conducted and the compliance period has expired following affirmance of the violation by the city council, the director of traffic or his designee is authorized to take possession of the vehicle in question and remove it from the premises where it is located.


B. It is unlawful for any person to interfere with, hinder, or deny access to the director of traffic or his designee attempting to remove a vehicle as authorized by this chapter.


C. Within forty eight (48) hours of the removal of such vehicle, the director of traffic shall give notice to the owner of the vehicle, to any known lien holder, and also to the owner or occupant of the property from which the vehicle was removed, if known, that the vehicle has been impounded and stored for violation of this chapter. The notice shall specify the location where the vehicle is stored, and state the costs incurred by the city for its removal and storage. Notice shall be delivered personally or sent by ordinary mail. (Ord. 179 § 5, 1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400898
8.12.070: DISPOSITION OF IMPOUNDED VEHICLES:linklink


A. If sixty (60) days elapse after removing a vehicle and giving notice as authorized above, during which the vehicle has not been claimed and the city's costs paid, the city shall cause the vehicle to be appraised.


B. If the vehicle is appraised at less than the costs incurred (including the advertising costs that would be incurred if the vehicles were sold at public auction), the director of traffic may then summarily dispose of the vehicle and execute an appropriate certificate of sale or destruction. One copy of such certificate shall be filed with the city clerk and another copy shall be forwarded to the appropriate office of the Idaho transportation department.


C. If the vehicle is appraised in excess of costs as described in subsection B of this section, the director of traffic shall post prominently in the city municipal building and publish once in a newspaper of general circulation within the city, a notice of public sale not less than ten (10) days before the date of the proposed sale. Such notice of sale shall include the following:

1. A statement that the sale is of property impounded by the city;

2. A description of the vehicle sufficient to identify it; and

3. A recitation of the date, time, and place of sale.


D. The vehicle shall be sold for cash to the highest and best bidder. At the time of payment of the purchase price, the director of traffic shall execute an appropriate certificate of sale, the original to be given to the purchaser, one copy to be filed with the city clerk, and another copy to be forwarded to the appropriate office of the Idaho transportation department.


E. Should the sale for any reason be invalid, the liability of the city or its employees or agents shall be strictly limited to the amount of the purchase price received.


F. Costs recovered in the course of any sale or distribution shall be deposited to the appropriate law enforcement budget of the city by the city treasurer and any surplus proceeds shall be paid to the owner of the vehicle, or party holding a valid lien or security interest, if known. (Ord. 179 § 6, 1977)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400899
8.12.080: REDEMPTION OF IMPOUNDED VEHICLES:linklink

The owner of, or person asserting a lien or secured interest in, any vehicle impounded under the provisions of this chapter may redeem such vehicle at any time after its removal but prior to its sale or destruction upon proof of ownership, lien, or secured interest, and payment to the city clerk of such sum as the director of traffic shall determine and fix for the actual and reasonable expense of removal and storage, plus any preliminary sale advertising expenses already incurred. Usual removal, storage and advertising expenses, reflecting the city's pattern of actual costs, shall be posted in the office of the director of traffic and shall be made available for public inspection. (Ord. 179 § 7, 1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400900
8.12.090: SPECIAL PERMIT AND FEE FOR KEEPING VEHICLES:linklink

Upon application of any person for a special permit, accompanied by payment in cash, certified check or money order of the sum of twenty five dollars ($25.00), the director of traffic shall cause a permit to be issued for necessary repair of an existing vehicle. Such permit shall be valid for a period not exceeding thirty (30) days. No more than two (2) such permits may be obtained by any person or household during any twelve (12) months. When a permit has expired, if inspection by the director of traffic or his designee discloses that the vehicle has been repaired by the permittee, the fee herein specified shall be refunded, but if such vehicle has not been repaired within the specified time period, the director of traffic or his designee shall issue a notice to remove as provided in section 8.12.040 of this chapter, and shall proceed as directed by this chapter. The permit fee shall be retained, crediting it against the city's cost. (Ord. 249 § 2, 1984: Ord. 179 § 8, 1977)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=43991#s400901