Chapter 10.12
ABANDONED MOTOR VEHICLES
Sections:
10.12.020 Declaration of Nuisance
10.12.040 Nuisance Abatement–Service of Notice
10.12.050 Removal and Disposition by City
10.12.060 Deferment Until Separation from Armed Forces
10.12.070 Deferment Until Release from Hospital
10.12.010 Definitions
Except where otherwise indicated by the context of this chapter, the following definitions shall apply in the interpretation and enforcement of this chapter:
"Abandoned" means abandoned, worn out, unused, stripped, unclaimed, scrapped, junked or discarded.
"Motor vehicle" means automobile, truck or tractor.
"Private property" means land owned by any person, firm, partnership or corporation other than the United States, the state or the city.
"Storage" means the presence or locating of abandoned motor vehicles. (Prior code § 22-38)
10.12.020 Declaration of Nuisance
Unsheltered storage of an abandoned motor vehicle for a period of thirty (30) days or more on any private property zoned for residential use within the city, unless such storage is established as a nonconforming use under the city zoning ordinance, is declared to be a nuisance and dangerous to the public safety, and such motor vehicles are declared to be abandoned vehicles within the meaning of Arizona Revised Statutes, Section 28-1408. (Prior code § 22-40)
10.12.030 Nuisance Abatement
The owners, tenants, lessees and occupants of any private property within the city upon which such storage is made and also the owners of such abandoned motor vehicles involved in such storage shall jointly and severally abate such nuisance. (Prior code § 22-41)
10.12.040 Nuisance Abatement–Service of Notice
Any owner, tenant, lessee, occupant or other person who fails, neglects or refuses to abate such nuisance shall be notified in writing by certified mail (return receipt requested) by the city inspector or his representative to abate such nuisance within thirty (30) days from the date appearing on such written notice. (Prior code § 22-42)
10.12.050 Removal and Disposition by City
When any such owner, tenant, lessee, occupant or other person to whom notice as aforesaid has been mailed fails, neglects or refuses for more than thirty (30) days from the date appearing on such notice to abate such nuisance, the city inspector is authorized and directed to remove such abandoned motor vehicles from such premises, and dispose of same according to the provisions of the Arizona Revised Statutes relating to abandoned vehicles, including a report to the superintendent of the motor vehicle division of the State Highway Department. (Ord. 734 (part), 1997: prior code § 22-43)
10.12.060 Deferment Until Separation from Armed Forces
If the owner of such abandoned motor vehicle is a member of and on active duty with the armed forces of the United States at the time of the notice provided for herein, enforcement of this chapter shall be deferred until after his separation from the armed forces. (Prior code § 22-44)
10.12.070 Deferment Until Release from Hospital
If the owner of such abandoned motor vehicle is confined to a hospital at the time of the notice provided for herein, enforcement of this chapter shall be deferred until after his release from the hospital. (Prior code § 22-45)
10.12.080 Violation–Penalty
Every owner, tenant, lessee, occupant or other person who shall fail, neglect or refuse to abate the aforementioned nuisance as provided above shall also be guilty of a Class 2 misdemeanor. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this chapter. (Ord. 658 § 1 Exh. A (part), 1994: prior code § 22-46)