Chapter 1 code of ordinances

CHAPTER 51

JUNK AND JUNK VEHICLES

51.01 Definitions	51.05 Violation a Simple Misdemeanor
51.02 Junk and Junk Vehicles Prohibited	51.06 Violation a Municipal Infraction
51.03 Junk and Junk Vehicles Declared a Nuisance	51.07 Exceptions
51.04 Notice of Violation

51.01 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, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.

2. “Junk vehicle” means any licensed or unlicensed motor vehicle stored within the corporate limits of the City, and/or which has any of the following characteristics:

A. Any vehicle which has become the habitat for rats, mice, or snakes, or any other vermin or insects.

B. Any vehicle if it lacks an engine or one or more wheels or tires or other structural parts which render said motor vehicle totally inoperable or unable to move under its own power.

C. Any vehicle with a broken or cracked windshield, window, headlight or tail light, or any other cracked or broken glass which renders the vehicle unsafe or illegal for operation on a public street or highway.

D. Any vehicle with a broken or loose fender, door, bumper, hood, running board, steering wheel, trunk top or tail pipe.

E. Any other vehicle which, because of its defective or obsolete condition, in any other way constitutes a threat to the public health and safety.

F. Any vehicle which has not been moved under its own power or used as an operating vehicle for a period of seven (7) days or more.

3. “Unlicensed vehicle” means any vehicle that is required to be licensed if it is operated on a public street or highway but which is not displaying a valid and current license. For purposes of this chapter, a valid current license shall not be required for a vehicle which is permanently stored in a fully enclosed structure.

4. “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery, motor scooter, all-terrain vehicle or any combination thereof.

51.02 JUNK AND JUNK VEHICLES 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 the City any junk or junk vehicle.

51.03 JUNK AND JUNK VEHICLES DECLARED A NUISANCE. It is hereby declared that the unlawful storage of any junk or junk vehicle upon either public or private property within the corporate limits of the City constitutes a threat to the health and safety of the citizens and is a nuisance. If any junk or junk vehicle is unlawfully stored upon private property in violation hereof, the owner or possessor of said vehicle and the owner of the property shall be liable for said violation.

51.04 NOTICE OF VIOLATION. Upon discovery of any junk or junk vehicle stored upon private property within the corporate limits of the City, the City Public Works Director shall notify the owner of the junk or junk vehicle and the owner of the property and any lien holders, if they can be identified, by mailing a copy of the notice of violation by certified mail, return receipt requested or by delivering a copy of the notice personally. The notice of violation shall state:

1. 
   The junk or junk vehicle constitutes a nuisance under the provisions of this section.
   
2. 
   A description, to the extent possible, of the junk or the year, make, model, color and location of the junk vehicle.
   
3. 
   The owner of the junk or junk vehicle and/or property owner must remove the junk or junk vehicle or correct the violation in accordance with this section.
   
4. 
   Failure to comply with the provisions of this section within fifteen (15) days from the date of mailing or service of the notice shall cause the owner of the junk or junk vehicle and the property owner to be liable for the violation.
   

Notice shall be deemed given when mailed. If the notice is returned undelivered by the U.S. Post Office, a citation for the offense shall be issued not less than ten days from the date of the return showing non-delivery.

51.05 VIOLATION A SIMPLE MISDEMEANOR. Any person violating this chapter or any provisions thereof, or who fails to comply with any order of the Public Works Director or obstructs the Public Works Director in his investigation shall be guilty of a simple misdemeanor and upon conviction may be punished as provided in Section 1.14 of this Code of Ordinances.

51.06 VIOLATION A MUNICIPAL INFRACTION. A violation of the provisions of this chapter may also be considered a municipal infraction, as provided in Code of Iowa Section 364.22. If a municipal infraction citation is served, the procedures for enforcement of the civil offense shall be governed by Chapter 4 of this Code of Ordinances.

51.07 EXCEPTIONS. The provisions of this chapter shall not apply to the following:

1. 
   Any junk or junk vehicle stored within a garage or other fully enclosed structure.
   
2. 
   Any person or entity that is the bona fide operator of a business engaged in towing, repairing or storing of junk vehicles, vehicles, construction or heavy equipment or machinery and is otherwise in full compliance with all of the ordinances of the City and the laws of the State of Iowa.
   

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