ORDINANCE NO.  36.000

 

REMOVAL OF ABANDONED SCRAP AUTOMOBILE ORDINANCE

 

                        AN ORDINANCE TO AMEND THE CODE OF ORDINANCES

FOR HOLTON TOWNSHIP TO PROVIDE FOR THE

REMOVAL OF ABANDONED SCRAP AUTOMOBILES.

 

THE TOWNSHIP ORDAINS:

 

§1.            That the Code of Ordinances for Holton Township shall be amended by adding the following new provisions:

 

REMOVAL OF JUNK VEHICLE PROCEDURES

 

1.                  Except as otherwise permitted by a duly adopted Holton Township Ordinance, no person or individual may store upon property located in the Township abandoned, scrap automobiles.

 

2.                  As used in this section, “abandoned scrap automobile” means a vehicle located outside of a structure which is either unlicensed, or licensed but inoperable, partially or fully dismantled and which has remained on public property or private property for a period of 21 days after the Township has affixed a written notice to the vehicle.

 

a.       The notice shall be given to the registered owner of the automobile who is presumed to be the owner.

b.      The notice shall also be mailed to the owner of the property where the abandoned scrap automobile is located.

c.       Before sending the notices required by this section, the township shall confirm that the abandoned scrap vehicle is not listed as stolen property.

d.      The township may, by resolution, adopt enforcement guidelines for compliance with the provisions of this Ordinance.

 

3.                  If the vehicle is not removed within 21 days after the date the notice was affixed, the vehicle is deemed abandoned and the township may have the vehicle removed from the property.

 

4.                  The township shall contract for the removal of abandoned scrap vehicles.

The contract shall require that the contractor selected to remove the vehicles agrees to follow these ordinance requirements and the requirements imposed by state law.

 

5.                  The registered owner may contest the fact that the vehicle has been deemed an abandoned scrap automobile or the reasonableness of the towing fees and daily storage fees by requesting a hearing before the Township Board.  A request for a hearing shall be made by filing a request with the Board within 14 days after the date of the notice.  If the owner requests a hearing, the matter shall be resolved by the Board after a hearing.

 

6.                  The violation of this Ordinance is deemed a civil infraction.

 

§2.       Severability.  The provisions of this Ordinance are declared to be severable, and the holding of any court of competent jurisdiction that any section hereof is invalid shall not impair or invalidate any other section.

 

§3.       Repeal of conflicting Ordinances.   All Ordinances in conflict with this Ordinance to the extent of such conflict are hereby repealed.

 

§4.       Effective Date.  This Ordinance shall be effective thirty (30) days after publication.

 

__________________________

Township Clerk

 

Introduced:            _____________________

 

Adopted:            _____________________

 

Published:            _____________________

 

Effective:            _____________________