Ordinance 1988-3

Junk Car Ordinance

Section 1. Defined.

For the purpose of this ordinance “junk car” shall mean any motor vehicle or the remains thereof which do not bear a currently valid license plate, and is not housed in a garage or other building or secured on a trailer that bears a currently valid license plate.

Section 2. Nuisance declared.

Junk cars are hereby declared to be nuisances except in lawfully operated junk yards or yards lawfully operated for vehicles awaiting permission for junking from the state bureau of motor vehicles or lots utilized by new or used car dealers at their legally recognized places of business.

Section 3. Order to remove

Any member of the police department may order any junk car removed within ten (10) days following such order.

Section 4. Notice of order to remove.

A notice of the order to remove a junk car shall be placed upon said junk car and a copy thereof shall be served upon any adult occupying the real estate on which the junk car is located and upon the owner of the junk car if he can be found; provided, however, a notice affixed to any building on the real estate shall constitute notice to the owner or occupant of the real esate and to the owner of the junk car. If there is no building on the real estate, said notice may be affixed elsewhere on the real estate.

Section 5. Removal by town; expenses.

If a junk car is not removed within the time fixed in the notice served pursuant to the ordinance, then the police department may cause it to be removed and disposed of at the expense of the owner of the real estate upon which said junk car is located or at the expense of the owner of said motor vehicle which persons shall be jointly and severally liable for such expense and which expense shall be and constitute a lein upon said junk car and second upon the real estate from which said junk car is removed. A record shall be maintained by the police department of said junk cars and the manner in which the same are removed and disposed of which record shall include a statement of expenses so incurred and a statement of the proceeds received for such junk car, if any. The proceeds from such junk car, if any, shall be used to defray such expenses and if there be any surplus the same shall be paid to the owner of said junk car.

PASSED BY THE TOWN BOARD OF TRUSTEES, MILLERSBURG, INDIANA ON THIS 7th DAY OF MARCH, 1988