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Toledo City Zoning Code

CHAPTER 51

JUNK AND JUNK VEHICLES

51.01 DEFINITIONS.

For use in this chapter, the following terms are defined:
1.   “Junk” means all old or scrap copper, brass, lead, or any other non-ferrous metal; old or discarded rope, rags, batteries, paper, trash, rubber, debris, waste or used lumber, or salvaged wood; dismantled vehicles, machinery, and appliances or parts of such vehicles, machinery, or appliances; iron, steel, or other old or scrap ferrous materials; old or discarded glass, tinware, plastic or old or discarded household goods or hardware. Neatly stacked firewood located on a side yard or a rear yard is not considered junk.
2.   “Junk vehicle” means any vehicle which has any of the following characteristics:
   A.   Lacks a current registration or any component part, engine, wheel, or parts that render it incapable of use or unsafe for its intended use; or
   B.   Has a missing, substantially broken, or shattered windshield or any exposed broken glass edges; or
   C.   Has a missing fender, door, hood, steering wheel, trunk top, or trunk handle; or
   D.   Either cannot be moved under its own power or has not been used as an operating vehicle for a period of 30 days or more; or
   E.   Has become a habitat for any animals or group of insects; or
   F.   That is left unattended on jacks, blocks, or elevated in any other way which constitutes a threat to the public health, safety, or welfare; or
   G.   Constitutes a threat to the public health or safety because of its defective or obsolete condition, or because of its condition or method of storage.
3.   “Vehicle” means every device in, upon, or by which a person or property is or may be transported or drawn upon a highway or street, except devices moved by human power or used exclusively upon stationary rails or tracks, and includes without limitation a motor vehicle, automobile, truck, motorcycle, tractor, buggy, wagon, farm machinery, or any combination thereof.

51.02 JUNK AND JUNK VEHICLES PROHIBITED.

It is unlawful for any person to store, accumulate, or allow to remain on any private property within the corporate limits of the City any junk or junk vehicle.

51.03 JUNK AND JUNK VEHICLES A NUISANCE.

It is hereby declared that any junk or junk vehicle located upon private property, unless excepted by Section 51.04, constitutes a threat to the health and safety of the citizens and is a nuisance within the meaning of Section 657.1 of the Code of Iowa. If any junk or junk vehicle is kept upon private property in violation hereof, the owner of or person occupying the property upon which it is located shall be prima facie liable for said violation.
(Code of Iowa, Sec. 364.12[3a])

51.04 EXCEPTIONS.

The provisions of this chapter do not apply to any junk or a junk vehicle stored within:
1.   Structure. A garage or other enclosed structure; or
2.   Salvage Yard. An auto salvage yard or junk yard lawfully operated within the City.

51.05 NOTICE TO ABATE.

Upon discovery of any junk or junk vehicle located upon private property in violation of Section 51.03, the City shall within five days initiate abatement procedures as outlined in Chapter 50 of this Code of Ordinances.
(Code of Iowa, Sec. 364.12[3a])