§ 118-1127. Disabled motor vehicles.

(a)

Definition. As used in this section, the term "disabled motor vehicle" shall refer to any motor-driven vehicle, regardless of the size, which is incapable of being self-propelled upon the public streets of this city or which does not meet the requirements for operation upon the public streets, including a current motor vehicle license.

(b)

Front and side yards. Disabled motor vehicles shall not be permitted in a front or side yard as defined by this chapter; provided, however, that a reasonable time (not to exceed 48 hours from the time of disability) shall be permitted for the removal or servicing of a disabled vehicle in any emergency caused by accident or sudden breakdown of the vehicle.

(c)

Rear yards. One disabled motor vehicle may be permitted in the rear yard of a residential lot as an accessory use to the main use of the lot, provided that such vehicle is not located in any open space required by this chapter. Service and repair work may be performed on such vehicle, and parts, tools, and equipment incidental to such service and repair thereto may be stored and used. Nothing contained in this subsection shall be construed as authorizing the disassembling, tearing down, or scrapping of a motor vehicle or to permit one motor vehicle to be scavenged or stripped for parts for use on another motor vehicle. However, a disabled vehicle shall not be permitted to remain outside of a building for a period in excess of 30 days on any lot used for residential purposes or on that portion of any lot within 20 feet of an abutting lot used for residential purposes.

(d)

Garage. Storage, service, and repair of a disabled motor vehicle which is conducted entirely within the confines of a completely enclosed garage (not to include an open carport) shall be permitted, provided that such lot and that such use is not a commercial use of the property, unless such use is authorized by other city ordinances.

(e)

Uses authorized. Storage, repair, and servicing of disabled motor vehicles not authorized in this division or in article IV and article V of this chapter and the tearing down, stripping, or junking of motor vehicles shall be permitted only where and when such use is specifically authorized, permitted, or licensed under other city ordinances and in accordance therewith.

(f)

Compliance. It shall be jointly the responsibility of the property owner, the owner of the disabled vehicle and the tenant or lessee on whose property a disabled vehicle is located to meet the requirements of this section.

(g)

Enforcement.

(1)

It shall be the duty of the city manager to enforce this section.

(2)

When a disabled motor vehicle is found to be in violation of this section, the city manager shall give the owner on whose property the disabled motor vehicle is located a notice that the vehicle is in violation of this chapter and must be removed within ten days. Such notice shall be in writing and shall state the date the ten-day notice shall expire and the authority for any person having a legal interest in the vehicle to contact the city manager and that if the notice has not been complied with the city manager shall remove or cause to be removed the disabled motor vehicle from the property and transfer the vehicle to an auto-wrecking yard approved by the city commission for storage until redeemed at the owner's expense.

(3)

All disabled motor vehicles removed in accordance with subsection (g)(2) of this section shall be subject to a reasonable towing or removal charge, which shall be due by the property owner or any person claiming an interest in the disabled vehicle at the time of removal.

(4)

In addition to the enforcement authority in subsections (g)(2) and (g)(3) of this section, the violation of this section may be enforced in a court of competent jurisdiction in accordance with the general statutory and Code provisions, and general statutory penalty and the penalty in section 1-15, with each day's violation being a separate offense.

(Code 1988, § 24-52(c))