Inoperable Vehicles

Chapter 5.08 Inoperable Vehicles | Outline of Ord. No. 1993-679

Sections:

1. Inoperable Vehicles

2. Inoperable Vehicles Removal

3. Inoperable Vehicles Exceptions

4. Penalty

5. Notice

6. Enforcement

1. Inoperable Vehicles

    It shall be unlawful for the owner, owners, or occupant of any lot or other real property within the City of Osceola, Arkansas to utilize the premises for Commercial and/or open storage of any inoperable motor vehicle. An inoperable motor vehicle for the purpose of this Ordinance, is defined as one that is in a state of disrepair and incapable of being moved under it's own power or one that does not have current, valid license plates. Ord. No. 1993-679.

    

2. Inoperable Vehicles Removal

    

   Any inoperable vehicle located on a vacant lot or unoccupied real property within the City of Osceola shall, after and attempt to locate the owner, shall be ordered removed by the Chief of Police and disposed of by the means provided by law. Ord. No. 1993-679.

    

3. Inoperable Vehicles Exceptions

    

   It shall be unlawful for the owner, owners or occupant of any lot or other real property within the City of Osceola, Arkansas to utilize the premises for the maintenance of vehicles, operable or inoperable, licensed or unlicensed movable or incapable of moving under it's own power, except under the following conditions:

    

   1. The vehicle being maintained shall be registered to a resident of that address where the work is being performed.

   2. b . Maintenance performed in open areas shall be of a minor nature lasting no more than three consecutive days, and shall not require the use of "A" frames, chain hoist, floor jacks, engine hoist or such equipment. Use of such equipment in an open area shall constitute a violation of this Ordinance.

   3. No maintenance shall be allowed on City streets or right-of-ways other than emergency maintenance required to remove that vehicle from the street or right- of-way.

   4. Maintenance of vehicles, whether minor or major, in open areas or in an enclosed area , shall be performed without excess emission of noise, smoke or odor. Upon investigation of a complaint, the investigating officer shall make a determination as to a violation concerning emissions. Ord. No. 1993-679.

       

4. Penalty

    

   Any owner, owners or occupant, after having been given three (3) days notice by The City Code Enforcement Officer, a City Police Officer or the City Attorney, who shall fail, refuse or neglect to correct or rectify said condition, shall be guilty of a violation of this Ordinance, and upon conviction thereof, shall be punishable by a fine of not less than Twenty-Five ($25.00) Dollars and not more than One Hundred ($100.00) Dollars; and each day such violation occurs or shall continue, shall be considered a separate offense. Ord. No. 1993-679.

    

5. Notice

    

   After receiving the three days’ notice provided for herein above, should the person responsible for the violation fail to take the necessary action to correct it, the City Council may be notified and the City Attorney, under the direction of the City Council, shall within seven {7) days thereafter apply to Chancery Court for an injunction, mandamus, or other process to prevent, enjoin, abate, or remove said violation to these regulations. Ord. No. 1993-679.

    

6. Enforcement

The City of Osceola shall have the option of enforcing this Ordinance by any one or more of the methods as provided for herein, and the use of one remedy as prescribed herein by said City shall in no way prevent or prohibit the C1ty of Osceola, Arkansas from proceeding under different or other remedies. Ord. No. 1993-679.