CHAPTER 54

JUNK VEHICLES

CROSS REFERENCE

Junk Dealers - see I.C. 9-22-4-1 et. Seq.;  BUS. REG. CH. 715

County Power to Regulate - see I.C. 36-1-3-2

Disposal of Vehicles - see I.C. 9-22-1-1 et. seq.

Improper Registration or License plates - see I.C. 9-18-2-40

3 – 54.1      Purpose

T     he purpose of this Chapter is to provide for the health, safety and welfare of the citizens and prated property values by the elimination of junk vehicles on property within the County.

3 – 54.2      Definitions

3 – 54.2-a      “PERSON” means any persons, firm, partnership, association, corporation, company or organization of any kind.

3 – 54.2-b      "MOTOR VEHICLE" means a machine propelled by mechanical power designed to travel along the ground by use of wheels, treads, runners or slides, and which transports persons or property or pulls machinery and shall include, without limitation, automobiles, trucks, trailers, motorcycles and tractors.

3 – 54.2-c      "STREET" or "HIGHWAY" includes alleys and means the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of general travel, both ambulatory and vehicular.

3 – 54.2-d      "ENFORCEMENT OFFICER" means a regular or special member of the Vigo County Sheriff's Department.

3 – 54.2-e      "INOPERATIVE MOTOR VEHICLE" means any motor vehicle not within an enclosed building, in a non-operating condition and in a wrecked, damaged, deteriorated or partially dismantled condition,

3 – 54.2-f      "ABANDONED AND JUNKED MOTOR VEHICLE" means any motor vehicle which shall either he in such deteriorated or destroyed condition as to be unable to be operated safely with due regard to standards set by the State of Indiana for motor vehicle equipment, or shall be Permitted to remain, unmoved, far a longer period than five (5) days on either public or private property so as to permit the conclusion that the owner or owners thereof have relinquished all right, title and interest in such vehicle, and no longer intend that such vehicle be operated and maintained in operable condition for use as such vehicles are generally employed.

3 – 54.2-g      "PARTIALLY EXEMPT REAL ESTATE" means real estate upon which is operated a motor vehicle body shop, repair garage or service station in an area not in violation of zoning Specifications.

3 – 54.2-h      "TOTALLY EXEMPT REAL ESTATE" means real estate upon which is operated a motor vehicle wrecking yard, salvage yard or junk yard in an area not in violation of zoning specifications.

3 – 54.2-i      "NONEXEMPT REAL ESTATE" means all real estate in the County which is not partially or totally exempt real estate, as defined herein, except streets and highways.

3 – 54.2-j      "COUNTY" means the County of Vigo, Indiana, not including the area of any incorporated city or town therein.

3 – 54.2      Abandonment Within County

No person shall abandon any motor vehicle within the County, and no person shall leave any motor vehicle at any place within the county for such time and under such circumstances as to cause such vehicle to reasonably appear to lave been abandoned, junked and inoperable, and in no event, in such condition, for a period exceeding five (5) days, as is provided herein.

3 – 54.3      Abandonment On Street Or Highway

No person shall leave, keep, park, store or place any inoperative motor vehicle or abandoned or junked motor vehicle on any street or highway within the County for morn than five (5) days.

3 – 54-4.      Abandonment On Nonexempt Real Estate

No person being the owner or custodian of an inoperative, abandoned or junk motor vehicle shall leave, keep, park, store or place an inoperative, abandoned or junk motor vehicle on any nonexempt real estate in the County for more than ten (10) days after being properly served with a removal notice.

3 – 54.5      Permitting Abandonment On Nonexempt Real Estate

      No person being the owner of nonexempt real estate or having control of or being in charge of such real estate, shall have, permit or allow an inoperative, abandoned or junk motor vehicle to be or remain on such real estate for more than ten (10) days after being properly served with a removal notice.

3 – 45.6      Abandonment On Partially Exempt Real Estate

No owner, operator, lessee or manager of a business on partially exempt real estate shall place, park, keep, store or cause or permit to be placed, parked, kept or stored any inoperative, abandoned or junk motor vehicle, or part thereof, on such partially exempt real estate, except and unless such vehicle is awaiting repair parts or service, and then in that event, the vehicle shall not be permitted on such real estate for a period of more than sixty (60) days.

3 – 54.7      Enforcement Procedure

      Whenever the Enforcement Officer determines that an inoperable, abandoned or junked motor vehicle is upon nonexempt real estate in the County, has been upon a street or highway for mare than five (5) days or is unlawfully upon partially exempt real estate, he/she shall prepare and cause to be served a written removal notice directing that such vehicle be removed.

3 – 54.7-a      If such vehicle is upon a street or highway and is riot removed within ten (10) days after service of this notice, then the Enforcement Officer may cause the vehicle to be removed and disposed of.

3 – 54.7-b      If the owner or lien holder does riot appear within fifteen (15) days after the mailing of notice, the Vigo County Commissioners , if they so elect, shall sell the vehicle or parts to the highest bidder at a public sale conducted after notice under I.C. 5-3-1, except only one (1) newspaper insertion one (1) week before the sale is required.

3 – 54.8      Services Of Notices

3 – 54.8-a      Service of a removal notice relating to an inoperable, abandoned or junked motor vehicle located upon a street or highway shall be sufficient if a copy is affixed to such vehicle and a copy mailed by ordinary United States mail to the owner of such vehicle, if the owner is known.

3 – 54.8-b      Service of a removal notice relating to an inoperable, abandoned or junked motor vehicle on nonexempt property or unlawfully on partially exempt property shall be sufficient if:

3 – 54.8-b.1      A copy is affixed to the subject vehicle, and

3 – 54.8-b.2      A copy is left with the responsible person found upon the real estate upon which the subject vehicle is located, or if no such person is found or if such real estate is unoccupied, then if a copy if posted upon such real estate in a conspicuous place, and

3 – 54.8-b.3      A copy is mailed by ordinary United States mail to each of the following persons, if the persons are known:

3 – 54.8-b.3-a The owner of the real estate upon which the subject vehicle is located;

3 – 54.8-b.3-b The owner of the subject vehicle, and;

3 – 54.8-b.3-c Any lienholder claiming a security interest in such vehicle.

3 – 54.9      Right To Inspect And Remove Abandoned Vehicle

The Enforcement Officer shall be authorized to enter upon real estate within the county to inspect a motor vehicle and to deliver notices under this Chapter, so long as the Enforcement Officer has reasonable cause: to believe that a violation is being committed, and furthermore he shall be authorized to enter upon real estate for the purpose of removing motor vehicles as herein before provided in this chapter. Further, the Enforcement Officer shall not be authorized to enter an enclosed building in any event.

3 – 54.10      Towing Contracts

      The Vigo County Sheriffs Department may outer into towing contrasts pursuant to state law and approved by the Vigo County Commissioners, as necessary for the purpose of removal, storage, and disposition of abandoned vehicles and parts.

3 – 54.10-1      The charge payable by the owner or lien holder for towing or removing an abandoned vehicle may not exceed the amount incurred for the towing.

3 – 54.10-2      The charge payable by the owner or lien holder for storing an abandoned vehicle or parts may not exceed Three Dollars and ($3.00) per day or a total of one Hundred Eighty Dollars ($180.00).

3 – 54.11      Penalty

Whoever violates any provisions of this chapter shall be fined not more than Fifty Dollars($50.00). Each day such violation is committed or permitted to continue shall constitute a separate offense.

3 – 54.12      Repealer

All Ordinances or parts of Ordinances in conflict with the provisions of this ordinance are hereby repealed.

3 – 54.13      Severability Clause

If any provision of this Ordinance is held to be unconstitutional or otherwise invalidated by a Court of competent jurisdiction, the remaining portions shall not be invalidated.

3 – 54.14      Effective Date

Passed and adopted by the Board of County Commissioners of Vigo County, Indiana, on this 3rd day of March, 1997.

BOARD OF COMMISSIONERS OF

VIGO COUNTY, INDIANA

                                    Signatory, P. James Diehl

                                    P. James Diehl, President

                                    Signatory, William J. Decker

                                    William J. Decker, Secretary

                                    Signatory, C. Joseph Anderson, Jr.

                                    C. Joseph Anderson, Jr. Commissioner

ATTEST:

Signatory, Judith A. Anderson

Judith Anderson, Auditor