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HomeMy WebLinkAboutOrdinance 70- 895, Adds 8§ 6.38.220, 6.38.230, 6.38.240, 6.38.250, and 6.38.260, abandoned vehicles. 189 ORDINANCE NO. 895 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 6.38 OF THE BOZEMAN MUNICIPAL CODE BY ADDING REMOVAL OF ABANDONED, WRECKED OR JUNKED VEHICLES, SECTIONS 6.35.220 THROUGH 6.38.260 DECLARING ABANDONED, WRECKED OR JUNKED VEHICLES OR PART (S) THEREOF ON PRIVATE PROPERTY TO BE PUBLIC NUISANCES; PROHIBITING STORAGE THEREOF; AUTHORIZING THE DIRECTOR OF PUBLIC WELFARE OF THE CITY OF BOZEMAN TO ABATE SUCH NUISANCES AFTER NOTICE BY SAID DIRECTOR OR BY PUBLIC NOTICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR AN EFFECTIVE DATE; AUTHORITY TO CODIFY; FOR A SAVINGS CLAUSE; AND FOR OTHER PURPOSES. WHEREAS, the accumulation and storage of abandoned, wrecked or junked vehicles or part (s) thereof on private property, which vehicles are in the nature of rubbish and unsightly debris, violates, in many instances, the Zoning Code of the City of Bozeman, Montana, and constitutes a nuisance detrimental to the health, safety and welfare of the community; and WHEREAS, such conditions tend to interfere with the enjoyment of and reduce the value of private property, invite plundering, create fire hazards and other safety and health hazards to children as well as adults, interfere with the comfort and well being of the public, and create, extend and aggravate urban blight; and WHEREAS, adequate protection of the public health, safety and welfare requires that such conditions be regulated, abated and prohibited; and WHEREAS, the City Commission desires to adopt an Ordinance to provide for the removal of such vehicles either by the landowner or person in possession where the vehicle is stored or by the owner of the Vehicle, and thereby to enhance the esthetic value of parts of the community now affected. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1. That Chapter 6.38 (Nuisances) of the Bozeman Municipal Code be amended by adding Sections 6.38.220 through 6.38.260, Wrecked or Junked Vehicles, as follows: Section 6.38.220 Abandoned, wrecked or junked vehicles or part (s) thereof; unlawful to leave on private property. (a) It shall be unlawful to park, store, or leave or permit parking or storing of any licensed or unlicensed motor vehicle or any kind or part (s) thereof, for a period of time in excess of 72 hours which is in rusted, wrecked, junken, partially dismantled or inoperative, or abandoned condition, whether attended or not, upon any private property within the City limits, unless same is completely enclosed within a building, or unless it is in connection with a business enterprise law- fully situated and licensed for same. (b) The accumulation and storage of two or more of such vehicles or part (s) there- of as hereinbefore defined, on private property shall constitute a nuisance, detrimental to the health, safety and welfare of inhabitants of the City, and it shall be the duty of the registered owner of such vehicle or part (s) thereof, and it shall also be the duty of the owner of the private property, or lessee or other person in possession of private property upon which such vehicle or part (s) thereof is located, to remove same from the City limits, or to have the same housed in a building where it will not be visible from the street. Section 6.38.22 Notice to owner of vehicle or land. (a) It shall be the duty of the Director of Public Welfare to give written notice to the registered owner of any motor vehicle or part (s) thereof which is in violation of this ordinance as described above, or to give such notice to the owner or lessee of private land upon which said motor vehicle or part (s) thereof is situated, giving notice that said vehicle or part (s) thereof violates this ordinance, and demanding that said motor vehicle or part (s) thereof be removed from the City limits within 72 hours from the time of service of notice, or that within 72 hours same may be housed in a building where it will not be visible from the street. Said notice may be given by personal service, or by certified mail, with a return receipt requested. (b) Written notice required by this Section shall be deemed to have been given; i.e. constructive notice when the registered owner of the motor vehicle or part (s) thereof, or the owner, lessee or other person in possession of private property concerned herein either (1) refuses to accept the prepaid United States mail certified letter from the City and same is ORDINANCE NO. 895 190 returned from the post office marked "refused"; or (2) the said person to be notified is present in the City but the notification letter is returned marked "unclaimed" by the post office, in which event notice by the City may be made by affixing the letter in a conspicuous place at the main entrance or to the front door of the residence of such person. Section 6.212A2 Public notice by City Clerk. (a) After diligent search and inquiry by the Director of Public Welfare, no written notice as above shall be required where the registered owner of such vehicle or part (s) thereof or the owner of the private property or lessee or other person in pos- session of private property upon which such vehicle or part (s) thereof is located cannot be found or determined, but instead a public notice shall be posted by the City Clerk in three public places in the City of Bozeman, Montana for five (5) consecutive days. (b) Such public notice shall include among other information, "Public Notice; To Whom It May Concern", date, legal description of the situs, address of same, a full description of the motor vehicle or part (s) thereof, when availwble - the last known owner of the vehicle and/or owner of the realty or last known person in possession of the situs, and the date from or approximate period of time during which said nuisance has existed. Section 6.38.250 Removal of vehicle by City, its agent, or contractor; costs, In the event that any of the aforesaid persons, whether an individual, firm or cor- poration, fails, neglects, or refuses to remove the abandoned, wrecked or junked vehicle or part (s) thereof or house same in the building as provided in the second paragraph of Section 6.38.220 above and abate said nuisance after the required notice, the City, its agent or contractor may remove the vehicle or part (s) thereof at the cost not to exceed $25.00 and a minimum cost of $5.00 as determined by the City; which cost shall, if in the best interests of the City as determined by the City Manager, be collected from the registered owner of such vehicle or part (s) thereof or the owner of the private property or lessee or other person in possession of private property upon which such vehicle or part (a) thereof is located. Ownership of any vehicles or part (s) thereof removed by the City, its agent or contractor shall upon such removal be bested in the City, its agent or contractor, as applicable. Section 6.38.260 Authority of City Manager to contract. The City Manager is authorized to enter into a written agreement with a duly licensed junk dealer for the removal of abandoned, wrecked or junked vehicles or part (s) thereof under this Section wherein the consideration for the services of said junk dealer shall be the vehicle or part (s) thereof at no expense to the City. Said junk dealer, before entering into contract with the City or being appointed its agent or contractor in reference to Sections 6.38.250 and 6.38,260, shall furnish evidence of public liability insurance to adequately protect such agent or contractor and the City deemed reasonable in the opinion of the City Manager. In the event a qualified and suitable junk dealer is not available to contract with or act as the City's agent or contractor as provided herein, the City Manager is authorized to contract with the lowest responsible bidder to provide for the removalfrom private property of abandoned, wrecked or junked vehicles or part (s) thereof under Section 6.38.250. Section 2. That all Ordinances or parts of Ordinances in conflict herewith be, and the same are hereby, repealed. Section 3. That should any provisions of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity or the remainder hereof as a whole, or any part thereof, other than the part so declared to be invalid. Section 4. This Ordinance shall be in full force and effect from and after thirty (30) days from its final adoption. FINALLY ADOPTED AND APPROVED at a regular session of the Cit Co aission of t e City of Bozeman held on the 6th day of May, 1970. i M ,or ATTEST: Imo:: `/ q� Clerk of the City mission ORDINANCE NO. 895 191 State of Montana ) County of Gallatin ; City of Bozeman ) I, Erna V. Harding, Clerk of the Commission of the City of Bozeman do hereby certify that the foregoing Ordinance No. 895 was published by title and number in the Bozeman Daily Chronicle, a newspaper of general circulation printed and published in said City in the issue of the 11th day of May, 1970, and due proof of such publication is on file in my office. IN WITNESS WHEREOF , I hereunto set my hand and affix the corporate seal of my office this 12th day of May, 1970. ,/Z.Z ERNA V. HARDING • Clerk of the City Commission ORDINANCE NO. 895