North Vernon City Zoning Code
ABANDONED OR
INOPERATIVE VEHICLES
§ 154.180 PUBLIC NUISANCE FINDING.
The county, City of North Vernon and Town of Vernon find that abandoned vehicles are a public nuisance, safety and health hazard.
(Ord. passed 9-1-2006)
§ 154.181 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE.
(1) A vehicle located on public property illegally;
(2) A vehicle left on public property continuously without being moved for three days;
(3) A vehicle located on public property in such a manner as to constitute a hazard of obstruction to the movement of pedestrian or vehicle traffic on a public right-of-way;
(4) A vehicle that has remained on private property without the consent of the owner for more than 48 hours;
(5) A vehicle from which there has been removed the engine, transmission or differential, or that is otherwise partially dismantled or inoperable and left on public property;
(6) A vehicle that has been removed by a towing service or a public agency upon request of an officer enforcing a statute or ordinance other than the state’s Abandoned Vehicle Act, being I.C. 9-22-1, if the vehicle, once impounded, is not claimed or redeemed by the owner or his or her agent within 15 days of its removal; or
(7) A vehicle that is six or more model years old and mechanically inoperable, and is left on private property continuously in a location visible from the public property for more than 30 days.
AUTOMOBILE SALVAGE YARD. A business organized for the purpose of scrap metal processing, automobile wrecking or operating a junkyard.
BUREAU. The State Bureau of Motor Vehicles.
FISCAL BODY. The County Sheriff’s Department, North Vernon City Council or Vernon Town Marshal.
OFFICER. The County Sheriff’s Department, North Vernon City Police or Vernon Town Marshal.
OWNER. The last known titleholder of a vehicle according to records of the Bureau under I.C. 9-17.
PARTS. All components of a vehicle that as assembled do not constitute a complete vehicle.
PERSON. An individual, firm, corporation, association, fiduciary or governmental entity.
PRIVATE PROPERTY. All property other than public property.
PUBLIC AGENCY. Area Plan Commission acting through the County Sheriff’s Department, North Vernon City Police and the Vernon Town Marshal, which given the responsibility by this subchapter for the removal, storage and disposal of abandoned vehicles.
PUBLIC PROPERTY. A public right-of-way, street, highway, alley, park or other state, county or municipal property.
TOWING SERVICE. A business that engages in moving or removing disabled vehicles, and, once removed, to store or impound vehicles.
VEHICLE. An automobile, motorcycle, truck, trailer, semi-trailer, tractor, bus, school bus, recreational vehicle or motorized bicycle.
(Ord. passed 9-1-2006)
§ 154.182 LIABILITY OF OWNER.
The owner of an abandoned vehicle is responsible for the abandonment and is liable, to the extent of the market value of the vehicle, for the costs incidental to the removal, storage and disposal of the vehicle or parts.
(Ord. passed 9-1-2006) Penalty, see § 154.999
§ 154.183 UNLAWFUL ACTIVITIES.
It shall be unlawful for any person, firm, corporation or other organization, either as the owner thereof, or as the entity in possession of, any real estate within the county, City of North Vernon or Town of Vernon, to permit, cause, suffer or otherwise allow, one or more inoperative, or partially or totally wrecked motor vehicles, or any other item of equipment, machinery or other personal property, in either a similar state of disrepair or in a state that is commonly recognized or defined as junk, to be stored or otherwise retained or remain upon any real estate within this county, City of North Vernon or Town of Vernon for any period in excess of three days on public property, provided that, this section shall not be applicable to any such motor vehicle or other personal property, as aforesaid, parked, stored or retained within a garage, or other similar enclosed structure, which structure is permanently located on such real estate to the rear of the building line of the principal building on such real estate.
(Ord. passed 9-1-2006) Penalty, see § 154.999
§ 154.184 PUBLIC POLICY.
It is further declared to be the public policy of this county, city and town that any inoperative, or partially or totally wrecked motor vehicle, which is permitted to remain parked, over, upon and along any street or other public thoroughfare within this county, city or town for any period in excess of 48 hours, shall be, and is expressly declared to be presumed to be an abandoned motor vehicle, within the meaning of, and the context of, the appropriate statues of the state, as now exist, or as hereafter may be amended. In the event such motor vehicle, as aforesaid, is so parked or stored, the Police Department, Sheriff’s Department or Town Marshal of this county, city or town shall be, and by this chapter specifically is directed, authorized and required to take action against such abandoned motor vehicle as authorized and required by the appropriate statutes of the state, reference abandoned motor vehicles.
(Ord. passed 9-1-2006) Penalty, see § 154.999
§ 154.185 PROCEDURE FOR DECLARATION OF ABANDONMENT.
(A) When an officer discovers a vehicle in the possession of a person other than the owner and the person cannot establish his or her right to the possession of this vehicle, the vehicle shall be taken to and stored in suitable place. The Bureau shall be notified within 72 hours of the location and description of the vehicle. Upon receipt of notification, the Bureau shall cause a search to be made to determine and notify the owner in accordance with I.C. 9-22-1.
(B) If the owner of the vehicle cannot be determined, the Bureau shall declare the vehicle abandoned and provide for its disposal in accordance with the State Abandoned Vehicle Act, being I.C. 9-22-1.
(C) If the properly identified owner or lien holder appears at the site of storage before disposal of the vehicle or parts and pays all proper costs incurred against it at the time, then the vehicle or parts shall be released. A copy of the release must contain the owner or lien holder’s signature, name, address, vehicle or parts description, costs and the date of release.
(D) If the vehicle is not released to the owner or lien holder, the Bureau will declare the vehicle abandoned and provide for disposal in accordance with the State Abandoned Vehicle Act, being I.C. 9-22-1.
(Ord. passed 9-1-2006)
§ 154.186 NOTICE TAG AND DISPOSAL OR STORAGE OF VEHICLES.
(A) An officer who finds a vehicle or parts believed to be abandoned shall attach in a prominent place a notice tag containing the following information:
(1) The date, time, officer’s name, public agency and address and telephone number to contact for information;
(2) That the vehicle or parts are considered abandoned;
(3) That the vehicle or parts will be removed after 72 hours;
(4) That the owner will be held responsible for all costs, incidental to the removal, storage and disposal, and if not paid, the owner’s registration privileges will be suspended on that car by the Bureau; and
(5) That the owner may avoid costs by removal of the vehicle or parts within 72 hours.
(B) If a tagged vehicle or parts are not removed within that 72-hour period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information of the condition, missing parts, and other facts that might substantiate a market value of less than $750. Photographs shall be taken to describe the condition of the vehicle or parts.
(C) If, in the opinion of the officer, the market value of the abandoned vehicle or parts is less than $100, the officer shall immediately dispose of the vehicle to an automobile salvage yard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle report shall be forwarded to the Bureau. The County Sheriff’s Department, North Vernon City Police or Town Marshal of Vernon shall retain the original records and photographs for at least two years.
(D) If in the opinion of the officer, the market value of the abandoned vehicle or parts is $100 or more, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the owner or person who may be in control of the vehicle or parts. After 72 hours, the officer shall require the vehicle parts to be towed to a storage area.
(Ord. passed 9-1-2006) Penalty, see § 154.999
§ 154.187 ABANDONED VEHICLE REPORT.
When 72 hours have occurred after removal of an abandoned vehicle storage area, the County Sheriff’s Department, North Vernon City Police or Vernon Town Marshal shall prepare and forward to the Bureau an abandoned vehicle report containing a description of the vehicle including the make, model, engine number, if any, identification number, the number of the license plate, and request that the Bureau advise the Department of the name and most recent mailing address of the owner and any lien holder.
(Ord. passed 9-1-2006)
§ 154.188 BUREAU’S RESPONSIBILITY.
It shall be the Bureau’s responsibility to:
(A) Conduct a reasonable search through the national automobile theft bureau and the State Police Department to determine whether the vehicle or parts have been reported as stolen;
(B) Conduct a reasonable search of Bureau records to determine the owner of the vehicle or parts or lien holder of record; and
(C) If a reasonable search discloses the name and address of the owner or lien holder, mail a written notice by first class mail to the owner with a copy to any lien holder indicating that the vehicle or parts have been impounded at a certain location and must be removed within 15 days of the date of mailing of the notice and advising that the vehicle or parts will be disposed of after that time and that all costs incurred in removing and storing the vehicle or parts are his or her legal responsibility.
(Ord. passed 9-1-2006)
§ 154.189 DISPOSITION AND SALE OF STORED VEHICLES.
(A) If the vehicle or parts are in such condition that vehicle identification numbers or other means of identification are not available to determine the owner or lien holder, the vehicle may be disposed of without notice.
(B) If the owner or lien holder does not appear within 15 days after the mailing of notice, the Bureau will 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 newspaper insertion one week before the public sale is required.
(Ord. passed 9-1-2006)
§ 154.190 BILL OF SALE, DUTIES OF POLICE DEPARTMENT.
(A) The purchaser will be furnished a bill of sale for each abandoned vehicle sold by the Bureau. The County Sheriff’s Department, North Vernon City Police and Vernon Town Marshal shall upon request furnish evidence as to the roadworthiness of any vehicle sold by the Bureau pursuant to the State Abandoned Vehicle Act, being I.C. 9-22-1.
(B) In order to facilitate the removal of abandoned vehicles or parts, the County Sheriff’s Department, North Vernon City Police or the Vernon Town Marshal may employ personnel and acquire equipment, property and facilities and enter into towing contracts as necessary for the purpose of removal, storage and a disposition of abandoned vehicles and parts.
(Ord. passed 9-1-2006)
§ 154.191 VEHICLES LEFT ON PRIVATE PROPERTY; COMPLAINTS.
Upon complaint of a private property owner or persons in control of the property that a vehicle has been on the property for 48 hours or more without the consent of the owner or persons in control, the officer shall follow the procedures set forth in § 154.185.
(Ord. passed 9-1-2006)
§ 154.192 LIABILITY FOR LOSS OR DAMAGE TO VEHICLES DURING REMOVAL, STORAGE OR DISPOSITION.
Pursuant to I.C. 9-22-1-32, neither the owner, lessee or occupant of the property from which an abandoned vehicle or parts are removed nor a public agency, towing service or automobile salvage is liable for loss or damage to the vehicle or parts occurring during its removal, storage or disposition.
(Ord. passed 9-1-2006)
§ 154.193 PAYMENT OF COSTS FROM ABANDONED VEHICLE ACCOUNT; MAXIMUM CHARGE.
(A) The costs for removal and storage of an abandoned vehicle or parts not claimed by the owner or lien holder shall be paid from the Abandoned Vehicle Account.
(B) The charge payable by the owner or lien holder for towing, storing or removing an abandoned vehicle or parts shall not exceed a sum as set by the Board and/or Council from time to time for the towing of each abandoned vehicle or load of parts and a sum per day as set by the Board and/or Council from time to time or any part of a day for the storage of each abandoned vehicle or load of parts.
(Ord. passed 9-1-2006)
§ 154.194 PROCEEDS OF SALE CREDITED AGAINST COSTS.
The proceeds of sale of an abandoned vehicle or parts in accordance with the State Abandoned Vehicle Act, being I.C. 9-22-1, shall be credited against all costs incident to the removal, storage and disposal of the vehicle.
(Ord. passed 9-1-2006)
§ 154.195 ABANDONED VEHICLE ACCOUNT.
All proceeds from the sale of abandoned vehicles or parts that are disposed of by the County Sheriff’s Department, North Vernon City Police or Vernon Town Marshal, including all moneys received from owners or lien holders for the cost of removal or storage of vehicles shall be deposited in the County General Fund by the County Sheriff’s Department, the North Vernon Clerk-Treasurer or the Clerk-Treasurer for the Town of Vernon and placed in the Abandoned Vehicle Account Fund. The fiscal body shall annually appropriate sufficient moneys to that account for this purpose.
(Ord. passed 9-1-2006)
§ 154.196 EXEMPT VEHICLES.
This subchapter does not apply to:
(A) A vehicle in operable condition specifically adapted or constructed for operation on a privately owned raceway;
(B) A vehicle stored as the property of a member of the armed forces of the United States who is on active duty assignment;
(C) A vehicle located on a vehicle sales lot or at a commercial vehicle servicing facility;
(D) A vehicle located upon property licensed or zoned as an automobile scrap yard;
(E) A vehicle registered and licensed under I.C. 9-18-12, as an antique vehicle; or
(F) Any duly licensed and operating motor vehicle dealer, agency, garage or business of similar character, when such motor vehicle dealer, agency, garage or business of similar character is storing such motor vehicle preliminary to repair thereof, or solely preliminary to insurance settlement, provided that such motor vehicle so stored, as aforesaid, continues to be titled in the name of some other person than the person, firm or corporation operating such motor vehicle dealership, agency, garage or other business of similar character.
(Ord. passed 9-1-2006)