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Junk Vehicle Ordinances

SECTION 22-231. DEFINITIONS.

1. “Abandoned vehicle” means any of the following:

A. A vehicle that has been left unattended on public property for more than forty-eight hours and lacks current registration plates or two or more wheels or other parts which render the vehicle totally inoperable, or

B. A vehicle that has remained illegally on public property for more than seventy-two hours; or

C. A vehicle that has been unlawfully parked on private property or has been placed on private property without the consent of the owner or person in control of the property for more than twenty-four hours;

D. A vehicle that has been legally impounded by order of the department and has not been reclaimed for a period of ten days; or

E. Any vehicle parked on the highway determined by the department to create a hazard to other vehicle traffic.

2. “Code Enforcement Officer”. The duly authorized person charged with enforcing the provisions of this chapter and this code.

3. “Enclosed structure” means any structure or portion thereof built for the enclosure of property, containing a roof and having exterior walls of the structure or portion thereof constructed in such a manner as to obscure from any street or adjacent property and contents thereof and being of a permanent nature.

4. “Junked” means any vehicle, trailer or semitrailer stored for 48 hours within the corporate limits of Oelwein, Iowa, whether currently licensed or not, which because of any one of the following characteristics constitutes a threat to the public health, welfare, and/or safety;

A. Any vehicle, trailer, or semitrailer which is rendered inoperable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, or any component or structural part;

B. Any vehicle, trailer or semitrailer which has become the habitat of rats, mice, snakes or any other vermin or insects;

C. Any vehicle, trailer or semitrailer which contains stored gasoline or other fuel, paper, cardboard, wood or other combustible materials, garbage, refuse, solid waste, debris, etc.;

D. Any vehicle, trailer or semitrailer used for storage purposes or harborage, cage or dwelling for animals of any kind;

E. Any other vehicle, trailer or semitrailer which because of its defective or obsolete condition in any other way constitutes a threat to the public health or safety of the citizens of Oelwein, Iowa;

F. Any vehicle which contains gasoline or any flammable fuel and is inoperable;

5. “Nuisance” means whatever is injurious to health, indecent, or offensive to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property.

6. “Inoperable” means not capable of being used or operated.

7. “Stored” means a vehicle, trailer or semitrailer left upon private property for 48 hours.

8. “Semitrailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.

9. “Trailer” means every vehicle without motive power designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.

10. “Unlicensed vehicle” means any vehicle which is required to be licensed if it is operated on a public street or highway, but which is not displaying a valid and current license.

11. “Vehicle” means every devise in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devises moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof.

SECTION 22-232. JUNK VEHICLES DECLARED A NUISANCE.

Except as hereinafter provided, it is declared that the unlawful storage of a junk motor vehicle upon either public or private property within the corporate limits of the City of Oelwein, Iowa, constitutes a threat to the health and safety of the citizens and it is a nuisance. If any junk motor vehicle is unlawfully stored upon public or private property in violation hereof, the owner of said vehicle and the owner of the private property shall be liable for said violation.

SECTION 22-233. NOTICE OF VIOLATION.

Upon discovery of any junk motor vehicle stored upon public or private property in violation of Section 22-232, the Chief of Police or Code Enforcement Officer, or designee, shall cause written notice to be affixed to the vehicle, trailer or semitrailer and shall notify the owner of the junk motor vehicle, all leinholders, if they can be identified, and the owner of the private property by delivering a copy of the notice to the individual personally; or by serving, at the individual’s dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old, or by sending a copy thereof by certified mail, return receipt requested. The notice shall contain the following information:

1. That the junk motor vehicle constitutes a nuisance under the provisions of this chapter.

2. A description, to the extent possible, the year, make, model, color and location of the vehicle.

3. That the owner of the junk motor vehicle and/or private property owner must remove the junk motor vehicle or otherwise correct the violation in accordance with this chapter.

4. The failure to comply with the provisions of this code within ten (10) days from the date of service of the notice or date of mailing of notice by certified mail, the owner of the junk motor vehicle and/or the owner of the private property shall be liable for the violation.

5. The junk motor vehicle may be removed by the city and impounded at the junk motor vehicle and/or private property owner’s expenses.

6. Notice shall be deemed given when mailed. If the notice is returned undeliverable by the U.S. Post Office, action to abate the nuisance shall be continued to a date not less than ten (10) days from the date of such action.

7. If the junk motor vehicle is not redeemed within sixty (60) days after impoundment, and no hearing is requested pursuant to the provisions of Section 22-238, the owner of the junk motor vehicle, the property owner and leinholders shall no longer have any right, title, claim or interest in or to the junk motor vehicle.

8. Any person entitled to notice pursuant to this section may request a hearing pursuant to the provisions of Section 22-238.

SECTION 22-234. DUTY OF OWNER TO REMOVE OR REPAIR.

The owner of a junk motor vehicle or private property owner who violates the provisions of this chapter shall within ten (10) days after receipt of the notice of violations, remove the junk motor vehicle to a lawful place of storage; or repair the defects which caused such vehicle to violate the provisions of this chapter, including registration in the case of a motor vehicle not currently registered.

If a hearing is requested pursuant to Section 22-238 the duty of the owner to remove or repair the junk motor vehicle shall be suspended pending the decision.

SECTION 22-235. ABATEMENT.

If the owner of the vehicle or the owner of the private property upon which the junk motor vehicle is located fails to remove or repair the vehicle in accordance with the terms of this chapter, the Chief of Police, Code Enforcement Officer or designee may abate such nuisance by causing the junk motor vehicle to be removed and impounded and sold or disposed of as specified herein; and, the cost of abatement shall be charged to the owner of the junk motor vehicle and/or the private property owner.

SECTION 22-236. REDEMPTION OF IMPOUNDED VEHICLE FEES.

Within sixty (60) days after the impoundment of any junk motor vehicle under this section, the owner thereof may appear and claim the same on the payment of an impoundment fee, and towing and storage charges. Upon payment of said fees and the proof of ownership, said vehicle shall be released. If at the end of the sixty (60) days, no owner claims the junk motor vehicle, the owner of the junk motor vehicle shall no longer have any right, claim, or interest in or to the junk motor vehicle.

SECTION 22-237. EXCEPTIONS.

The following exceptions shall apply to this chapter:

1. The terms and provisions of this chapter shall not apply to any person, firm, association, partnership or corporation that is duly licensed to operate a salvage yard, and is in full compliance with all state and local laws and ordinances.

2. The terms and provisions of this chapter shall not apply to any junk motor vehicle that is stored within an enclosed building as defined in this chapter.

SECTION 22-240. PENALTY.

Any person violating this section or any provisions thereof, or who fails to comply with any order of the health officer or who interferes with or obstructs the health officer in his investigation shall be guilty of a simple misdemeanor and upon conviction thereof may be fined as provided in the general penalty in Section 1-8 of this code. Each day that a violation occurs constitutes a separate offense.

SECTION 22-242. OUTDOOR STORAGE OF MOTOR VEHICLES.

In as much as it is found that the storage of motor vehicles, which are not deemed to be junked, out of doors can detract from the beneficial use and enjoyment of neighboring properties, certain special regulations are established as follows:

1. No person shall keep, store or display one or more motor vehicles out of doors on property zoned for residential use, or permit the parking out of doors of a motor vehicle on residentially zoned property under their ownership, possession or control for more than fifteen (15) days without movement and use of said vehicle as an operating motor vehicle and said vehicles shall only be parked on driveway or similar hard surface.

2. No person shall store or display one or more motor vehicles out of doors on property zoned for commercial use or permit the parking out of doors of a motor vehicle on commercially zoned property under their ownership, possession or control for more than 90 days without movement and use of said vehicle as an operating motor vehicle.

3. The provision of subsection (2) notwithstanding the keeping, parking or storage, out of doors, of any wrecked or demolished motor vehicle, or motor vehicle striped for parts, at the same commercially zoned site for more than sixty days is prohibited.

4. The following shall be exempt from the regulations of this section:

A. Vehicles kept in commercial automobile salvage yards lawfully established and existing prior to December 30, 1957 (date of initial zoning ordinance #346).

B. A “motor home”, pickup truck with camper top, converted bus or van, or similar recreational vehicle, which is currently licensed for operation on the public highways.

C. A motor vehicle currently licensed for operation on the public highways and lawfully parked off the streets while the owner or other person in lawful possession and control thereof, if a resident of this city, is out of the city for more than fifteen (15) days but not more than one hundred eighty days.

D. Vehicles which are immobilized pursuant to an immobilization order of the District Court.

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The Oelwein Police Department was established in 1903

 


The Oelwein Police Department was established in 1903 as the recognized law enforcement for the City of Oelwein

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The Oelwein Police Department is located at 501 Rock Island Road, Oelwein, Iowa 50662.

 

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