Chapter 8.24
JUNK AND JUNK VEHICLES
Sections:
8.24.010 Junk vehicle defined.
8.24.020 Junk defined.
8.24.030 Certification as junk vehicle or junk.
8.24.040 Public nuisance designated.
8.24.050 Exclusions.
8.24.060 Notification.
8.24.080 Landowner or occupant defense.
8.24.110 Penalty for failure to abate.
8.24.010 Junk vehicle defined.
A junk vehicle means a motor vehicle or parts thereof which meets three of the following requirements:
A. Is three years old or older; and
B. Is extensively damaged, such damage including but not limited to the following: a broken window or windshield, missing wheels, tires, motor or transmission; and
C. Is apparently inoperable; and
D. Has a fair market value equal only to the value of the scrap in it. (Ord. 03-017 § 7 (part), 2003: Ord. 606 § 1, 1987)
8.24.020 Junk defined.
For the purposes of this chapter, “junk” is defined to include all appliances or parts thereof, all parts of motor vehicles, tires, all iron or other metal, plastics, glass, paper, cardboard, rubber, lumber, wood, mattresses, disabled trailers or parts thereof, all of which meet one of the following requirements:
A. Are discarded;
B. Are unusable;
C. Are broken; or
D. Have not been used for their primary and original purpose for a period of six months and have no value other than scrap value. (Ord. 615 § 1, 1988: Ord. 606 § 2, 1987)
8.24.030 Certification as junk vehicle or junk.
Any law enforcement officer of the city may inspect and certify that a vehicle meets the requirements of a “junk vehicle” or that debris is in fact “junk.” The person making the certification shall record the necessary information, describing in detail the damage or missing equipment, identifying the make and vehicle identification number or license number if obtainable, and verifying the value of the junk is equivalent only to the value of the scrap in it. (Ord. 606 § 3, 1987)
8.24.040 Public nuisance designated.
The keeping or storing of any junk or junk vehicle on privately owned property within the city, or the permitting of any other person to keep or store any junk or junk vehicle on privately owned property within the city, in violation of this chapter, is declared to be a public nuisance. (Ord. 606 § 4, 1987)
8.24.050 Exclusions.
The provisions of this chapter do not apply to a vehicle or part thereof or other “junk” that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public property, nor to a vehicle or part thereof that is stored or parked in a lawful manner on private property such that it is behind the building line on a lot and not visible from a public street or is on private property in connection with the business of a licensed dismantler or licensed vehicle dealer. (Ord. 615 § 2, 1988: Ord. 606 § 5, 1987)
8.24.060 Notification.
Upon certifying that a vehicle meets the requirements of a junk vehicle or that the debris is junk, the law enforcement officer shall send an initial notice of violation, as stipulated in Chapter 8.34 BGMC, to the last registered and legal owner of record of the junk vehicle or junk, if obtainable, to the occupant of the property upon which the junk vehicle or junk is located, and to the owner of record of the property upon which the junk vehicle or junk is located. (Ord. 03-017 § 7 (part), 2003: Ord. 637 § 1, 1989: Ord. 606 § 6, 1987)
8.24.080 Landowner or occupant defense.
The owner of the land upon which the junk vehicle or junk is located or the occupant of the land upon which the junk vehicle or junk is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the junk vehicle or junk on the land with his reasons for the denial. If it is determined at the hearing that the junk vehicle or junk was placed on the land without the consent of the landowner, and that the landowner has not subsequently acquiesced in its presence, then the landowner shall not be guilty of maintaining a public nuisance and shall not be assessed costs of administration or removal of the junk vehicle or junk. If it is determined at the hearing that the junk vehicle or junk was placed on the land without the consent of the occupant, and that the occupant has not subsequently acquiesced in its presence, then the occupant shall not be guilty of maintaining a public nuisance and shall not be assessed costs for administration or removal of the junk vehicle or junk. (Ord. 606 § 8, 1987)
8.24.110 Penalty for failure to abate.
Any violation or failure to comply with any of the provisions of this chapter shall be enforced under Chapter 8.34 BGMC. (Ord. 03-017 § 7 (part), 2003: Ord. 606 § 11, 1987)