Yellow Springs Public Notices

Resolution Adopting Regulations for the Abatement of Junk Motor Vehicles

Miami Township Board of Trustees

WHEREAS, the Miami Township Board of Trustees has determined that it is necessary to control junk motor vehicles on public and private land in the Township, and unlicensed collector motor vehicles that do not meet the definition of junk motor vehicles, on private land and which are being stored in open view, and

WHEREAS, pursuant to R.C. 505-173(E), a “junk motor vehicle,” means a vehicle that is (1) three model years old or older; (2) apparently inoperable; and (3) extensively damaged, including but not limited to, any of the following: missing wheels, tires, engine, or transmission, and

WHEREAS, pursuant to R.C. 505-173(C), regardless of whether it is licensed or unlicensed, a collector’s vehicle is a “junk motor vehicle” for purposes of this resolution if it meets the aforementioned criteria, and

WHEREAS, R.C. 505-173(A) authorizes a board of township trustees to require an owner of private property to conceal from public view any collector motor vehicle that does not meet the definition of a junk motor vehicle but that is unlicensed and that has been stored in open view, and

WHEREAS, R.C. 505-173 and 505.871, provide for the authority, methods, procedures, finance, and cost recovery for Townships when it is necessary to enforce any township ordinances prohibiting and/or regulating the storage of junk motor vehicles, and unlicensed collector motor vehicles that do not meet the definition of a junk motor vehicle, including removal from the property where any such motor vehicles are being stored, and

WHEREAS, in order to comply with the provisions of R.C. 505.871, it is necessary for the Board of Township Trustees to give fourteen (14) days notice to the owner of the land and any holders of liens of record on the land of its intent to remove the vehicle or cause the removal of the vehicle, and

WHEREAS, if within fourteen (14) days after notice is given, the owner of the land fails to remove the vehicle, or completely conceal it from public view in the case of an unlicensed collector vehicle that does not meet the definition of a junk motor vehicle, the Board of Township Trustees shall provide for, or cause the removal of such motor vehicle(s), and may employ the necessary labor, materials and equipment to perform the task. All expenses incurred shall, when approved by the Board, be paid out of the Township General Fund from moneys not otherwise appropriated, except that if the expenses exceed five hundred dollars, the board may borrow moneys from a financial institution to pay the expenses in whole or in part.

NOW THEREFORE, BE IT RESOLVED THAT:

1. A notice shall be sent by certified mail, return receipt requested, to the owner of land(s) where the Board of Trustees has determined that the owner is maintaining a junk motor vehicle, or an unlicensed collector motor vehicle that does not meet the definition of a junk motor vehicle and which is unlicensed. The notice shall generally describe the motor vehicle to be removed and indicate all of the following: (a) that the Miami Township Board of Trustees has determined that the vehicle is a junk motor vehicle, (b) that if the owner of land fails to remove or completely conceal the vehicle within fourteen (14) days after service of the notice, the Board may remove or cause the removal of the vehicle, and (c) that any expenses incurred by the Miami Township Board of Trustees in removing or causing the removal of the vehicle(s) may be entered upon the tax duplicate and become a lien upon the land from the date of entry. The notice shall additionally order the owner to remove the vehicle or to cause the vehicle to be removed in the case of a junk motor vehicle, and in the case of an unlicensed collector motor vehicle that does not meet the definition of a junk motor vehicle, to have it completely concealed from public view. For the purposes of this section, completely concealed from public view shall be accomplished by means of buildings, fences, terrain, or other suitable screening (including vegetation, so long as the concealment is not affected by seasonal changes in the type of vegetation relied upon. In no event shall concealment be construed as being satisfied by the use of car covers, tarps, or other similar materials.

2. Said owner shall have fourteen (14) days to remove such vehicle, or to accomplish complete concealment from public view.

3. If, within fourteen(14) days after the notice is given, the owner of the land fails to remove the vehicle, or accomplish complete concealment under the terms of this Resolution, the Board of Trustees shall provide for the removal and may employ the necessary labor, material and equipment to perform the task. All expenses incurred shall, when approved by the Board, be paid out of the Township General Fund from moneys not otherwise appropriated, except that if the expenses exceed five hundred dollars, the board may borrow moneys from a financial institution to pay the expenses in whole or in part.

4. The Board of township Trustees shall make a written report to the county auditor of the Board’s action under this section. The Board shall include in the report a statement of all expenses incurred in providing for the removal of the vehicle(s), as provided in R.C. 505-87(C)(2)(C), including the Board’s charges for its services, notification, the amount paid for the labor, materials and equipment, and a proper description of the premises. The expenses incurred, when allowed, shall be entered upon the tax duplicate, and shall constitute a lien upon the land from the date of entry, and shall be collected as other taxes and returned to the Township and placed into the Township General Fund.

5. In addition to the remedy of removal specified in this Resolution, pursuant to R.C. § 505.173(B), the Miami Township Board of Trustees may institute a civil action for an injunction, a writ of mandamus, or abatement, or any other appropriate action or proceeding to prohibit the storage of junk motor vehicles, or unlicensed collector motor vehicles that do not meet the definition of junk motor vehicles.

6. Pursuant to R.C. § 505.173(D) whoever violates the terms of this Resolution is guilty of a minor misdemeanor. Each day that a violation of this Resolution continues constitutes a separate offense. Fines levied and collected under this Resolution, if not retained by the Xenia Municipal Court, shall be paid into the Miami Township General Revenue Fund.

7. The notices under this Resolution shall be served upon owners of land(s) in the manner prescribed by R.C. § 505.871(C)(3) and shall be deemed to have been successfully served under the conditions set forth in R.C. § 505.871(C)(3).

8. For the purposes of this Resolution, unlicensed shall mean any vehicle that does not bear current and lawful vehicle registration plates of the state of issuance for that particular vehicle(s) involved, and shall include expired vehicle registration plates when displayed on the vehicle, without regard to, the type of registration plates involved (i.e., collector vehicle registration plates, passenger car, truck, or any other designation used by the issuing state. Collector vehicle registration plates are required to be renewed with the Ohio Bureau of Motor Vehicles at least bi-annually or alternatively annually, at the election of the vehicle owner. A vehicle displaying an expired collector vehicle registration shall be considered as unlicensed under this resolution.

9. This Resolution shall be administered by the Township Zoning Inspector. Enforcement of this Resolution shall be in the name of the Miami Township Board of Trustees. The President of the Board, when authorized by vote of the full Board, shall be responsible for signing misdemeanor citations if used, signing affidavits, verifying and swearing to misdemeanor complaints filed in the Xenia Municipal Court, and signing pleadings in other causes of action filed in either the Xenia Municipal Court or the Greene County Common Pleas Court General Division.

Margaret Silliman, Fiscal Officer

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