"AN ORDINACE "TO ADD CHAPTER 4 TO TITLE 13 OF THE MUNICIPAL CODE BOOK", ENUMERATED BY DECLARING IT AN OFFENSE TO OPENLY STORE ABANDONED MOTOR VEHICLES ON PRIVATE PROPERTY."

WHEREAS, there is not a sufficient ordinance dealing with such nuisances; and

WHEREAS, it is deemed in the public interest to establish an offense to openly store abandoned, wrecked, and/or inoperable vehicles on private property.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WINCHESTER, TENNESSEE to add the following chapter 4 to title 13 of the Municipal Code Book, the public welfare requiring it.

CHAPTER 4

ABANDONED OR JUNK VEHICLES

SECTION
13-401. Definitions.
13-402. Abandoned motor vehicles declared a public nuisance.
13-403. Removal of abandoned motor vehicles required.
13-404. Notification and authority.
13-405. Violations.
13-406. Vehicle Disposal.
13-407. Return of Vehicle to Owner.
13-408. Valuable Property.

13-401

Definitions. The following definitions shall apply in the interpretation and enforcement of this chapter:

(1) "Persons." Any person, firm, organization, partnership, association corporation or company of any kind.
(2) "Vehicle." Any machine propelled by other than human power
designed to travel along the ground by use of wheels, treads,
runners, or slides and transport persons or property or pull
machinery, and shall include, without limitation, automobile, truck/trailer, motorcycle, tractor, recreation vehicle, golf carts, vehicle parts, boat, jet ski, or motor home.
(3) "Property." Any real property within the City of Winchester
which is not a street or highway.
(4) "Shall." The word "shall" is always mandatory and not merely
directory.
(5) "Antique." Any vehicle over 25 years old.

13-402

Abandoned motor vehicles declared a public nuisance. In enacting this chapter, the Council of the City of Winchester finds and declares that the accumulation and storage of abandoned, wrecked, junked, partially dismantled or inoperative motor vehicles on public or private property in the City of Winchester are in the nature of rubbish and unsightly debris, violates, in many instances, the zoning regulations of the city and constitutes a nuisance detrimental to the health, safety, and welfare of the community in that, such conditions tend to interfere with the enjoyment of and reduce the value of public and private property and create fire hazards and other safety and health hazards to the citizens of the City of Winchester.

13-403

Removal of abandoned motor vehicles required. The accumulation and storage of one or more such motor vehicles in violation of the provisions of this chapter shall constitute rubbish and unsightly debris and a nuisance detrimental to the health, safety, and general welfare of the inhabitants of the City of Winchester, and it shall be the duty of the registered owner of such motor vehicle and it shall also be the duty of the person in charge or control of the property upon which such motor vehicle is located whether owner, tenant, occupant, lessee, or otherwise, to remove the same to a place of lawful storage or to have the vehicle housed within a building where it will not be visible from the street. If a building is not available, said vehicle shall be limited to one per residential property owner and said vehicle will be parked on a gravel, paved, or concrete surface on fully inflated tires with all windows, doors, and lids intact and locked for safety purposes. Said vehicle shall not be leaking any fluids. Commercial property owners, excluding licensed junkyards, with multiple abandoned, wrecked, inoperable vehicles shall keep said vehicles in a secured storage area with a gravel or paved surface out of public view.

13-404

Notification and authority. Whenever any such public nuisance exists on occupied or unoccupied commercial or residential, private or public, property within the City of Winchester, the owner or owners of said property shall be notified by the chief of the department of inspection/codes enforcement or his authorized agent to abate or remove the same. Such order shall:
(1) Be in writing;
(2) Specify the public nuisance and its location;
(3) Specify the corrective measures required; and
(4) Provide for compliance within ten (10) days from the date of notification.

The notification shall be served upon the owner or owners of said premises by serving them personally or by sending said notice by certified mail, return receipt requested, to their address as shown on the current tax rolls of the City of Winchester, If the owner or owners of the premises fail or refuse to comply with the order of the chief of the department of inspection/codes enforcement or his duly authorized agent within a (10) day period after notification thereof, as provided herein, such failure or refusal shall be deemed a violation of the provisions of this chapter and said owner or owners shall be subject to the penalties herein provided. If the owner or owners of the premises fail or refuse to comply with the order of the chief of the department of inspection/codes enforcement or his duly authorized agent within a ten (10) day period after notification thereof, as provided herein, the chief of the department of inspection/codes enforcement or his authorized agent may enter upon said property, take possession of such junk vehicle or vehicles, remove the same from said property, dispose of same, and cause such unlawful condition to be remedied. Upon completion of such removal and disposition, the reasonable costs thereof, and other incidental costs in connection therewith, shall be paid by the owner or owners of said property to the City of Winchester and said costs shall be billed to the owner or owners of said property. If the bill is not fully paid within sixty (60) days after the mailing of said bill a 10% penalty shall be added, and said costs and penalties shall be placed on the tax roll of the City of Winchester as a lien upon the property and collected in the same manner as other city taxes are collected.

13-405

Violations. Any person violating or interfering with the enforcement of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined under the general penalty clause for this municipal code.

13-406

Vehicle Disposal. If, after 15 days from the date of removal, the vehicle has not been claimed by its owner, the holder of the vehicle may dispose of such vehicle as provided by state law.

13-407

Return of Vehicle to Owner. If return of vehicle is demanded by its owner during the time that it is being held, it will be returned where and as it sits after payment of all applicable fines, tow charges, and storage charges that apply to the vehicle.

13-408

Valuable Property. Any valuable property found in any abandoned vehicle removed subject to this code shall be stored by the City of Winchester until claimed by the owner of said property. If property is not claimed, said property shall be sold at public auction as determined by the City Administrator with the proceeds of such auction accruing to the General Operating Fund of the City of Winchester.