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HomeMy WebLinkAbout119_Junked Vehicles DefinedORDINANCE NUMBER 119 AN ORDINANCE RELATING TO ABANDONED OR JUNKED VEHICLES OR PARTS THEREOF; PROVIDING FOR THE CLASSIFICATION OF AN ABANDONED OR JUNKED VEHICLE ON PRIVATE OR PUBLIC PROPERTY LONGER THAN FORTY-EIGHT (48) HOURS AS A NUISANCE; PROVIDING FOR NOTICE TO THE OWNER OF THE VEHICLE OR THE PERSON OR OWNER IN CONTROL OF THE PROPERTY ON WHICH THE VEHICLE IS LOCATED; PROVIDING FOR THE REMOVAL OF A VEHICLE BY POLICE OR MARSHAL; PROVIDING FOR RECOVERY OF VEHICLE BY OWNER UPON PAYMENT OF REASONABLE TOWING AND STORAGE FEES; PROVIDING FOR SALE OF UNCLAIMED VEHICLES; PROVIDING FOR DISPOSITION OF FUNDS FROM SALE TO THE TOWN GENERAL FUND; PROVIDING DEFINITIONS OF WORDS USED IN THIS ORDINANCE; PROVIDING PENALTIES; AND DECLARING AN EMERGENCY. Section 1. VEMOLES. No person stall deposit, starep keep or permit to be deposited, stored or kept M the opem upon public or private property a dismantled, umservileabla, inoperable3 junked or abandoned, vehicle or paxts thereof Or an-Y. vehicle legally or ybysical2y inc gala of being operated, for a period exceeding forty-eig& (48) hours unless such vehlc>2 or parts thereof, is ocmpletely enclosed within a building, Or stored in aonnectian with a business law- fully established pursuant to the zoning ordinances of The Town of Cuesso, Oklahoma, or stored On prcperty 1 awfu137 designated under the zoning ordinances of Me Town of Owasso as a place where such vehicles may be stored. Section 22 NUISAME. The accumulation and/or storage of one or more vahicM or parts thereof 6 as described in Section 1 shall constitute a nuisance detrimental to the health, safety and wel- fare of the inhabitants of The Town of Owasso. It shall be the duty of the owner of such vehicle, or parts tharect, and/or the owner of the private property, lasese or other person in possesshom Or cOntr0l of the property upon which such vehicle is located to remove the vehicle from such prcperty cc have the vehicle housed in a building where it will not be visible from the street or other private c9erty, the removal or enclosure to be wi oTty-eight (48) hours after notice has been given to the owner of the vehicle and/or the owner, lessee or person in control of the property upon which ouch vehicle is located. The 48-hour time may 1)e extended ty the health officer in the case of obvious hardship. Sectiga 3. NOTIM The director or official in charge of the Board of Health of Its Ton of NOR, Oklahcna, cc any officer of that Board he may assign upon complaint of any citizen ar on the officer's own vo1ition, shall cause notice to be posted on suss abandoned2 junked, un- servicable, inoperable, or dismantled vehicle that the vehicle and vehicle parts is and are a nuisance anni slit/ a,11a, be rano7ed within forty-eight hours as required in Section "24, Section 4. REMOVAL, Upon failure of the owner of the vehicle cw parts thereof, or the Oavarl its rp lessee person in control of thZ Property upan w1hich the vehicle or 7whicle its is or are located to Temove the vehicle or is or place it or he in an enclosed building within forty- eight hcurs (48 Ms.) after notice has been placed on the vehicle, the Board of Health or ag officer of that department . shall notify the Police Department or Marshal of The Town of Owasso Tho shall promptly cause the vehicle S vor its parts to be removal, and stored in a proper place. Section 5. KNER N�Lh R MN. The Mer of any vehicle so removed.or parts thereof, may regain AeseBsion thereof by making application to -the Chief of Police or Marshal for The Town of Owasso, within two months after its removalp upon pa77ont to the Town all reazonable costs of removal and storage which shall helve accrued to such vshicleo Section 6. SALE Q TIMM& Mf no claim for said vehicle or parts is made within two months after re0val by tha gown, the vehicle nay be sold for the best price obtainable as junk or otharTisa and the proceeds stall be used to p any removal or storage fees against said vehicle and any excess after Said fees are paid sball be deposited in the general fund of said Town. Section 7. DEFINITIONS. The following definitions shall,apply in the interpretation and anforcel; of this ordinancez 1. "Person" shall mean any person, firm2 partmsrsh#2 association, corporation, coolany or organization of any kind. 2. "Vehicle" shall mean any nachine Tirop ell ed by owner other than muscle and shall, includa without limitation any automobile, truck, trailer, motorcycle, tractor, buggy; wagon, or self-propelled farm or construction equipment. "Public property" shall mean any prope7ty owned or controlled In the town limits by The Town of Owasso, Tulsa County, the Kate of Oklahoma, or the United States Government, and shall include all streets and highwayz. Ordinance No. 119 Gone inued - Page 2 'Private JacpertY8 shall mean azy real property in We Town of Owasso, which is not pub2ic, property. 5. "Dismantwady junkedp abandan&j or inoperable vehicleso shall be deemed and shall mean to include the for parts thereof including bodies, engIne, transmissions, frames, rear eals and old tires, wheels and upholstering. sleation-81 PENALTY- Any Person required by the prcmtsions hereof to remove said dismantled, junked, abandoned or inDperable vehicle Or Parts who shall fail to do so A campliance with notice as provided herein shall be p shed b, a fine, uPon conviction of such offense, not to exceed the sum of TwentyDollars (020.00). and each day such person fails to remove said dismantled, junked, Mandoned Or inoperable vehicle or parts in cam- Pliance with the notice as provided herein, shall be deemed to be a separate offense. Section 9. ZMERIENDY. That an emergency Is hereby declared to evict for the preservation CF—th—ep—Mic peace, health3 ani safety, by reason whereof this ordinance shall take affect immediately upon its aMption and approvai. POWSM W the Board of Trustees of The Town of Cwasso 19693 2 Cklahcaa this 2nd day of September., and We emergency clauze ruled Wam SelaTatell and passed'Pby unanimous vote of the BOOK Of Trustees of The Town of Ovasso, this 2nd day of September2 1969. Attest ApprC 7171 Boaxd Member. P PROOF OF PUBL11- ", TION STATE OF OKLAHOMA, TULSA COUNTY, ss-, Bill P, Retherford, of lawful age, being duly sworn, upon oath deposes and says that he is the publisher of the ............. a newspaper printed in the English language, in the City of ............. Tulsa County, Oklahoma, having 'a" bona fide paid general circulation therein, and with entrance into the United States mail as second class mail matter in Tulsa County and published in said county where delivered to the United States mail, and that the notice by publication, a copy of which is hereto attached, was published in said newspaper for .. . I ........... consecutive weeks, the first publication being on the ..... day of and the last day of publication being on the ­1 ................. day of ............. 19 . . . . . .. and that said newspaper has been continuously and uninterruptedly published in said county during the period of more than One Hundred and Four (104) weeks consecutively, prior to the first publication of said notice, or advertisement, as required by Section one, Chapter four, Title 25 Oklahoma Session Laws, 1943, as amended by House Bill No. 495, 22nd Legislature, and thereafter, and complies with all of the prescriptions and require- ments of the laws, of Oklahoma. (The advertisement above referred to is a true and pried pqpy. Said notice was published in all editions of j ,Apape and not in a ry Supplement there I Ir Subscribed and sworn to before me by Bill R.lAetherford, publisher of the ...... this day of 7 /-.Notary P 'ic. 4 Myconimission expires ......... ........ PUBLISHER'S FEE AN ORDINA VEHICLES CLASSIFIC) ON PRIVA! FORTY-EIC FOR NOTI( PERSON 0 ON WHICH THE REMC PROVIDING PAYMENT PROVIDINC VIDING FO TOWN GI WORDS US ALTIES; Al BE IT ORE TOWN OF ( SECTION '. kdep or pe upon public inoperable, or any VE 'PTF.MRF.R U- 1969 OVIDING PEN- 'TEES OF THE deposit, store,