looking over dept of neighborhoods law books

0.24.010 Definitions.

As used in this chapter, the following mean:
"Costs" means the expense of removing, storing or selling a discarded vehicle.
"Discarded vehicle" means:
1. A vehicle that is in one or more of the following conditions:
a. Inoperative,
b. Wrecked,
c. Dismantled,
d. Partially dismantled,
e. Abandoned,
f. Junked;
2. Discarded vehicles include major parts of vehicles, including but not limited to, bodies, engines, transmissions, and rear ends;
3. A vehicle that does not lawfully display registration plates with unexpired stickers shall be presumed to be "abandoned." This shall be a disputable presumption.

Toledo Municipal Code Section 10.24.010 (Definitions) definition of "Discarded Vehicle" is amended to add:

4. For the purposes of this chapter only, a vehicle rendered temporarily inoperative but otherwise legally parked outdoors on public right-of-way adjacent to the vehicle owner's residence or on private property shall not be considered a discarded vehicle if the vehicle is secure, not creating a hazard, and repairs to the vehicle are made within 30 days. (Ord. 1296 Section 2, 2003)

"Enforcement authority" means any authorized agent or representative of the city as set forth in Section 1.20.040.
"Person in charge of property" means an agent, occupant, lessee, contract purchaser, owner, or person having possession, control, or title to property where a vehicle is located.
"Vehicle" means every device in, upon, or by which a person or property is or may be transported or drawn upon a public highway, except devices moved by human power or used exclusively upon stationary rails or tracks. For example, and not a limitation, the following are vehicles:
1. Motor vehicle;
2. Motor home;
3. Utility trailer;
4. House or vacation trailer;
5. Implement of husbandry;
6. Article of machinery;
7. Boat;
8. Camper; or
9. Canopy or any part thereof.
"Vehicle owner" means an individual, firm, corporation or unincorporated association with an individual or joint claim or a legal or equitable interest in a vehicle. (Ord. 1264 (part), 1997)

10.24.020 Declaration of public nuisance.

Toledo Municipal Code Section 10.24.020 (Declaration of public nuisance) is amended to read as follows:

Accumulation and storage of discarded vehicles reduces property values, is unsightly, promotes neighborhood deterioration, invites plundering, creates fire hazards, is an attractive nuisance causing a hazard to minors' health and safety, creates a harborage for rodents and insects, and is injurious to the health, safety, and general welfare. Therefore, a discarded vehicle on private or public property is a public nuisance which may be abated in accordance with this chapter. (Ord. 1296 Section 3, 2003)

10.24.030 Prohibited action.

Toledo Municipal Code Section 10.24.030 (Prohibited action) is amended to read as follows:

A. Storage of a discarded vehicle on private property in Toledo is prohibited unless the vehicle is completely enclosed by a building, stored behind a site obscuring fence, hedge or wall, or stored by a lawfully conducted business dealing in disabled vehicles.

B. Storage of a discarded vehicle on public property in Toledo is prohibited unless the vehicle is completely enclosed by a building or stored by a lawfully conducted business dealing in disabled vehicles. (Ord. 1296, Section 4, 2003)

10.24.040 Investigation.

The first sentence of Toledo Municipal Code Section 10.24.040 (Investigation) subsection (A) is amended to read as follows:

A. When an enforcement authority investigates a discarded vehicle on private or public property and determines that a nuisance exists, the officer shall: (Ord. 1296 Section 5, 2003)

1. Attempt to discover the owner of the vehicle and the person in charge of the property on which the vehicle is located; and
2. Give written notice to them by personal service or by registered or certified mail that the vehicle is in violation of this chapter.
B. If the owner of the vehicle is not found, the officer shall place a notice on the windshield or some other part of the vehicle where it can be easily seen. (Ord. 1264 (part), 1997)

10.24.050 Contents of notice.

A notice issued under Section 10.24.040 shall state:

Toledo Municipal Code Section 10.24.050 (Contents of notice) subsection (A) is amended to read as follows:

A. That the discarded vehicle is in violation of this chapter and that within ten (10) days after sending or posting the notice:
1. The vehicle must be removed from the city or to the storage yard of a lawfully conducted business dealing in disabled vehicles, or
2. The vehicle must be completely enclosed within a building, or
3. If the vehicle is on private property, the vehicle must be stored behind a sight obscuring fence, hedge or wall; (Ord. 1296 Section 6, 2003)

B. That the alternative to compliance with subsection A is to petition the municipal court clerk within the ten (10) day period described in subsection A and make a written request to appear before the municipal court judge to show why the vehicle should not be immediately removed or properly stored;

Toledo Municipal Code Section 10.24.050 (Contents of notice) subsection (C) is amended to read as follows:

C. That failure to comply with this chapter authorizes the city to remove the vehicle, charge the cost against the property from which it was removed and/or the vehicle owner, issue a citation to either the person in charge of the property and/or the vehicle owner, and/or sell the vehicle to satisfy the costs of removal and storage. (Ord. 1296 Section 7, 2003)

10.24.060 Entry on private property.

A. An enforcement authority is authorized to enter private property at all reasonable times and examine a vehicle to determine whether it is discarded. Except when an emergency exists, before entering onto private property, the officer shall obtain the consent of an occupant or a warrant of the municipal court authorizing entry for inspection.
B. No search warrant shall be issued under this chapter until an affidavit has been filed with the municipal court showing probable cause for the inspection by stating the purpose and extent of the proposed inspection, citing this chapter as the basis for the inspection, stating whether it is an inspection instituted by complaint, or giving other specific or general information concerning the vehicle in question or the property on which it is located.
C. No person shall interfere with or attempt to prevent an enforcement authority from entering private premises and inspecting a vehicle when an emergency exists or when the officer exhibits a warrant authorizing entry. (Ord. 1264 (part), 1997)

Toledo Municipal Code Section 10.24.060 (Entry on private property) is amended to add subsection (D) to read as follows:

D. If required by law, the same procedures for entry onto private property shall be followed for entry onto public property. (Ord. 1296 Section 8, 2003)

10.24.070 Hearing by municipal court.

A. Following a request, the municipal court shall fix a time for a hearing to show cause why a vehicle should not be abated immediately and to receive evidence and the testimony of the enforcement authority and other interested persons concerning the existence, location, and condition of the vehicle. After the hearing, the court may order the vehicle removed by the city in accordance with the provisions of this chapter.
B. The court shall make its ruling in the form of an order declaring the vehicle to be a public nuisance. The court may order the removal of more than one vehicle and may consolidate the hearings and orders relating to move than one vehicle. People receiving the notice specified in Section 10.24.040 shall be sent copies of the court order.
C. The court may impose conditions and take other action it considers appropriate under the circumstances to carry out this chapter. It may delay the time for removal of the vehicle when, in its opinion, circumstances justify such action. It shall refuse to order removal of the vehicle when the vehicle is not subject to the provisions of this chapter. (Ord. 1264 (part), 1997)

10.24.080 Abatement by the city and appraisal.

A. Ten (10) days after giving the notice required in Section 10.24.040 or, if a hearing is held, ten (10) days after adoption of an order declaring a vehicle to be a public nuisance as required in Section 10.24.070, the city will have jurisdiction to abate the nuisance and may remove the vehicle by use of city employees or authorized independent contractors.

Toledo Municipal Code Section 10.24.080 (Abatement by the city and appraisal) subsection (A) shall have the last sentence of the subsection amended to read as follows:

No person shall interfere with, hinder, or refuse to allow authorized persons to enter private or public property to remove a vehicle under this chapter. (Ord. 1296 Section 9, 2003)

B. After removing the vehicle, the city shall have it appraised. (Ord. 1264 (part), 1997)

10.24.090 Low-value vehicle.

A. If the vehicle is appraised at one thousand dollars ($1,000.00) or less, the enforcement authority or independent contractor may dispose of the vehicle without notice and public sale if either of the following occur:
1. The owner of the vehicle and any lessor or security interest holder shown in the records of the Division sign a release, under oath, disclaiming any future interest in the vehicle;
2. The owner and any lessor or security interest holder shown in the records of the Division have been sent notification of the location of the vehicle and, within fifteen (15) days after the date the notification is mailed, the persons notified have not signed releases or the vehicle has not been reclaimed. Failure to sign a release or to reclaim the vehicle shall constitute a waiver of interest in the vehicle.
B. Prior to sale, the enforcement authority or authorized independent contractor shall file an affidavit with the Motor Vehicles Division describing the vehicle, including the license plates, if any, stating the location and appraised value of the vehicle and stating that the vehicle will be junked or dismantled. The enforcement authority or independent contractor may dispose of the vehicle and execute a certificate of sale without notice and public auction. (Ord. 1264 (part), 1997)