§ 14-75. Junked motor vehicle regulated; removal authorized.

(a)

It shall be unlawful for the registered owner or person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to leave or allow the vehicle to remain on the property after the vehicle has been ordered removed.

(b)

It shall be unlawful to have more than one junked motor vehicle on the premises of public or private property. A single, permitted junked motor vehicle must be stored in strict compliance with the location and concealment requirements of this section.

(c)

It shall be unlawful for any owner, person entitled to the possession of a junked motor vehicle, or for the owner, lessee or occupant of the real property upon which a junked motor vehicle is located to fail to comply with the locational requirements or the concealment requirements of this section.

(d)

Subject to the provisions of subsection (e) of this section, upon investigation, the building inspector may order the removal of a junked motor vehicle after finding in writing that the aesthetic benefits of removing the vehicle outweigh the burdens imposed on the private property owner. Such finding shall be based on a balancing of the monetary loss of the apparent owner against the corresponding gain to the public by promoting or enhancing community, neighborhood or area appearance. The following, among other relevant factors, may be considered:

(1)

Protection of property values;

(2)

Promotion of tourism and other economic development opportunities;

(3)

Indirect protection of public health and safety;

(4)

Preservation of the character and integrity of the community; and

(5)

Promotion of the comfort, happiness and emotional stability of area residents.

(e)

One junked motor vehicle, in its entirety, can be located in the rear yard, as defined in the city's zoning ordinance, if the junked motor vehicle is entirely concealed from public view from a public street and from abutting premises by an acceptable covering or enclosure. The building inspector has the authority to determine whether any junked motor vehicle is adequately concealed as required by this provision. The covering or enclosure must remain in good repair and must not be allowed to deteriorate. The covering or enclosure must be compatible with the objectives stated in this article. Any other junked motor vehicles must be kept in a garage or building structure that provides a complete enclosure so that the junked motor vehicles cannot be seen from a public street or abutting property. A garage or building structure means either a lawful, conforming use of a garage or building structure erected pursuant to the lawful issuance of a building permit and which has been constructed in accordance with all zoning and building code regulations.

(Code 1952, ch. J, art. IX, § 5)