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)

City settles tow-truck incident for $7,500

City settles tow-truck incident for $7,500
Payment resolves threat of litigation

By MARK REITER
BLADE STAFF WRITER

The city has paid $7,500 to resolve litigation that was threatened over a vehicle-towing incident last year involving an employee in Toledo's Department of Neighborhoods.

The out-of-court settlement was reached recently with George Pratt, who threatened to sue the city after he was acquitted of assaulting a tow truck operator during an alleged nuisance complaint at his West Toledo home. "We made a settlement with him," John Madigan, acting law director, said last week. "We felt that there might have been potential liability against the city.'' The payout stems from an incident in July, 2005, when Sue Frederick, who is manager of city's code enforcement division, asked Mr. Pratt to remove a truck and trailer from the yard at his home on Strauss Street. When he refused, Ms. Frederick called a private tow-truck operator, who was injured after he was chest-bumped by Mr. Pratt, court records said. Mr. Pratt was charged with misdemeanor assault in Toledo Municipal Court in connection with the incident. City prosecutors later amended the charge to disorderly conduct. The case went to trial in May, and Judge C. Allen McConnell dismissed the minor misdemeanor charge after hearing testimony from two witnesses. Ms. Frederick, an attorney who previously worked in the city law department, was involved in other altercations involving vehicle towing. Jerome Phillips, an attorney who represents Mr. Pratt, said the incident with the tow-truck operator wouldn't have occurred if his client's vehicles had not wrongly been tagged for removal from the yard. The truck and trailer were parked in the yard so that Mr. Pratt could remove materials for a fence that he was building in the yard, records said. Mr. Phillips said Ms. Frederick testified that the truck was a nuisance because it could have leaked fluids into the yard. She also told Judge McConnell that she didn't check for contamination on the ground when she tagged the vehicles, he said. "But that never occurred. Instead, she issued a citation for failure to comply with an order, even though there was no immediate danger and the vehicles were not a nuisance," Mr. Phillips said. Mr. Madigan said he wouldn't comment on the incident, in part because others whose vehicles were tagged for similar reasons might want to file litigation against the city. In a letter to the city, Mr. Phillips said hundreds of vehicles could have been towed under the guise of a public nuisance even though the vehicles were on the property of their owner. "It appears this may give rise to a potential class-action lawsuit," he wrote. The settlement was reached this month. The payment didn't need City Council's approval because the judgment was under $10,000. Last December, Ms. Frederick, 49, was accused of arguing with the owner of a parked vehicle and threatened to have his vehicle towed during a dispute with the movement of a recycling truck. Then a manager in the Toledo department of economic and community development, she was arrested and charged with disorderly conduct and resisting arrest, both misdemeanors. She pleaded no contest in April to an amended minor misdemeanor charge of failure to aid a law enforcement officer.


I think I might call that lawyer tomorrow and see what he can do for me and the city towing my 1991 ford Pickup

durango issues

still there are some issues but I am buisy on the other neighborhood blog and I will update this toorrow

buisy day today

well today started out with DC calling and wanting me to help him go bike shopping, so e grabbed a tradin post and headed out to see what there was.... we test rode afew bikes an finally found a dea.... turns out an old friend of both me and DC had a 1983 Kawasaki for sale for a verry reasonable price so DC bought it for $460 and we got it back to his place.... on the way Jeremy called and told me that the grand jury he spoke to on friday was back in........ and they threw it out, I about shit my pants and DC just shook his head. I finally got home around 5 and found a suprise in the living room..... my new camera YAY!! 6.1 MP Kodak Z-650 with the 10x zoom, it will be verry useful in my next project http://www.rancampplace.blogspot.com hey if my asshole neighbors want to complain then I will start complaining about them along with takig dialy pictures of the neighborhood,... now everyone alse will know how t feels to have to deal with the city and the chance that they will take their possessions away aswell, even if nothing happens it will still make me feel good inside.

onto something else that chapps my ass, Cottman Transmissin/AAMCO talk about a ripoff joint.... our family has had many dealings with tom gamble and up until about a month and a half ago we have not had a problem with any work he had done, about 6 weeks ago the trans went out in the durango and sence it was rebuilt by Cottman Transmission about a year and a half ago we took it back there because Tom had told me personally that if I ever had a problem with it to just bring it back and he would take care of it... so much for his word! if I had known that we would only get a little less then 20k on a transmission designed for a lifespan of 100k-130k then I would have never agreed to pay $3100 for the transmission and transfercase in the first place! he had told my mother that the trans was completely burned up and no good (bullshit) about 6 weeks ago when it decided that it didnt want to move anymore so he told my mom tha tit was going to cost around $2000 for parts to fix it (more BS) and at this point I decided to do a little investigating and found a site called the www.ripoffreport.com and they have a whole section dedicated to cottman trans/AAMCO click here to see all the complaints
at this point me and my mom decide that neither of us have the money for that so I decide to gt the old trans from cottman to do a little snooping it is then that I start getting pissed, Tom had told my mother that the trans was junk and not rebuildable but I completely disssembled it and found out that the friction plates and steel plates had worn out, THATS IT!!!!!!!!!!

total cost to fix it was UNDER $100 and all of the other fiction plates and steel plates WERE PERFECTLY FINE!!!! at this point I am furious but I held my tongue for the sake of my mom because I can get real mean and real nasty real fast when I think someone is giving anyone in my family the short end of the stick, and it always upsets her when I yell however sence we found out that info I decided to just comb the junkyards and find one from a running vehicle because tom said that he couldnt rebuild the trans so we found one 4 days later for a reasonable sum of $315 at Airway Auto in battle creek, so we made a day trip of it and went and bought the trans with 38k miles on it and when the guy who owned the place asked who was installing it I said probably myself but if things get tight then cottman would do it..... this is where I started hearing more hororr stories and one cought my ear about a guy with a jeep grand cherokee that had work done to their truck and after it was done while they were on a family vacation a week later the transmission magicly shifted ino reverse causing them to spin out and roll their jeep. and at this point I think fuck this joint I will do it myself but after my mom decides htat se still wantsthem to do it because they said it would be done in 2 days whereas I said I would work on it in the evenings until it was done but less then a week and atleast if I did it I knew it would be done correctly but no she wanted it monday like they said, told my mom that he was full of shit and proceided to make a wager of $20 that wouldnt be done on time.... I won I went down there on wendsday and looked at him square in the eye and said "What the hell is goin on?" and his only reply was that his $5 a hour labor hadnt shown up in 5 days but reguardless he was able to have a tech work on a $100k showcar that came in with a problem over the weekend... I guess we were put at the bottom of the list because we didnt spend the $2k on a rebuild....... and it drug out a week then he needed a seperator plate because he claimed ours was bad ( yea because his hack job mechanics screwed it up) so that was another week and finally when the cat was out of the bag a week later when he found out I had tore down the transmission and ever sence then he has been a total ass to us but wait a glimpse of hope this evening WOW IT IS DONE! too bad the shifter isint ajusted correctly, the transfercase shifter was not either and the transmission was filled with the wrong fluid, my mom drove it about a mile before she took it back to them and said something was wrong... um yea it is a EGR valve and you need a new battery they said....... hmm a 1 year old 1800 cca industrial battery from a Caterpillar BULLDOZER just up and gave up the ghost I dont think so! I have had enough of their bulls#it so I went to their lt and used my spare key and hopped in it and fired it up and took it for a spin and it works enough that it will move under it's own power again so it is comng home in the morning whether they like it or not and I will fix it

FULLLLLLLLLLLL PULLLLLLLLLL!!!!!!!!!!!!!!!!!11

well last night I was up til 5am caughing and hacking and dealing with snot and I found a box of dayqill but they were green pills, I didnt think anything of it and after I took 4 I crashed until dinnertime the next day... wow what a nap.... it rained last night so the track was wet in BG soit was delayed 3 hours thank god so I was able to make it to the tractor pull this evening... all the fun and noise didnt do my stomach any good so I found a trash can and decided that I didnt want my $15 dinner anymore, lol ( if you follow my drift) but never the less I had fun... here is some pics

go diesel go! most of the Suer Stock tractors are a factory off the line production line just with different 4 valve hemispherical heads, bigger injectors, bigger fuel pumps and ofcourse bigger turbochargers , most of these tractors produce about 900-1200 diesel hp and probably upwards of 3000 ft lbs of torque here is a 3 turbine powered puller, it has 3 westinghouse turbines on it with each powering a gear in a planetairy setup, output on these are around 1500 hp each x 3 - 4500 hp give or take
here is a Modified Pro Stock, basically the same as a super stock but with up to 4 turbochargers and they make between 1200 and 2000 hp and 3000+ ft lbs

I dont know much about this one but the guy washing it said it makes some wicked power and when I said how much... 1200-1500 he looked at me and laughed and said about double that
this one here was just plain awesome...... when this one went down the track I covered my ears, and that was the nly time I did, each motor (there is 3 of them here) is capable of 4000 hp @ 7500 rpm and being v-12's theyhave neveer gotten a torque reading on the dyno so he said that means over 6000 ft lbs each so this pull truck has approx 11,000 hp on alcahol and 12,000with a shot of n20 and around 18,000-20,000 ft lbs of torque, ths one went the farthest this evening f 318', oh well I am off to bed

damn

today was a scheduled screw off day and I figured what the hell we got a full tank of gas in the K-car lets roll around and kill time, so I grabbed the digital camera, a 1gb memory card and my phone ..... all is going well and we stop home and rob and cherie stop by with their new pile of rolling scrap metal called a trailer J/K! I wish I would come across a deal like that....... after that me and jeremy decide to go to walmart, on glendale instead of the superwally-world I figure why not hit the one on glendale because it has more sporting goods compared to the others.... I find out that this is a big mistake, we decide to lock the doors and roll up the windows just incase....... doing that didnt do shit, someone took a pry bar to the door to get my camera that was pretty well hidden in the door pocket and they took my cell out of the glovebox... I am not too angry about the camera because I paid about $100 for it on black friday 2 years ago, what I AM pissed about is the fact that I bought a 1GB flash memory card and rechargable NMH batteries no more then 3 days ago so that my mom could shutterbug all she wanted without a problem, oh well time to buy a new camera, i think i will finally get a Cannon EOS Digital Rebel like I have been debating over for the last month or so, afterall it is only money

I figure I will post a pic of my soon to be mine ride, it is a Shelby Z Dodge Daytona, I have to go to the chicagoland area to get it


I am getting a awesome deal on this, Jeremy thinks i am going to have fun with it for a few days and then sell it..... most likely not..... it isint every day you get a $5000 car for $500 because someone fucked up :-D

l8r