TITLE 8 HEALTH AND SAFETY
Chapter 8-20 Junk Vehicles, Repair of Vehicles
8-20-010 Definitions.
8-20-020 Junk vehicles prohibited.
8-20-030 Investigation.
8-20-040 Notice.
8-20-050 Issuance of summons and complaint.
8-20-060 Effecting removal.
8-20-070 Hobby repair work.
8-20-010 Definitions.
The following definitions shall apply in the interpretation
and enforcement of this chapter:
(A) Hobby means the repairing, reconditioning, or
rebuilding of all vehicles which is done for personal enjoyment or entertainment
only, with no profits, compensation, or reimbursement of any kind
involved.
(B) Junk vehicle means any self-propelled vehicle designed
for highway travel under its own power which is not capable of such travel in
its existing mechanical condition; or any dismantled, partially dismantled,
discarded, wrecked, demolished, or partially demolished vehicle; or any vehicle
designed for highway travel not bearing a current license plate or license
certificate.
(C) Vehicle means a machine propelled by power other than
human power designed to travel along the ground, in the air, or through water by
use of wheels, treads, runners, slides, wings, or hulls and to transport persons
or property or pull non-self-propelled vehicles or machinery, and includes,
without limitation, automobile, airplane, boat, truck, trailer, motorcycle,
motor scooter, moped, tractor, buggy, and wagon. (Ord. 324 §1, 1978; Ord.
467 §1, 1982)
8-20-020 Junk vehicles prohibited.
(A) It shall be unlawful for any person to store or keep
any junk vehicle or parts thereof on any premises, or within any zoning
district, or anywhere within the city unless in a fully enclosed
structure.
(B) In the event of the storage or keeping of such junk
vehicles or parts thereof in the city, the persons responsible for the violation
of this section shall include the owner of the junk vehicle or parts thereof;
the occupant or lessee of the premises where stored or kept; and the owner of
such premises.
(C) Exceptions:
(1) Any vehicle registered as a collector's item by the
State of Colorado under the provisions of section 42-15-101 and 102, C.R.S.,
provided that such vehicles are maintained in such a manner that they do not
constitute a health hazard, a safety hazard, or a fire hazard and are
effectively screened from ordinary public view by means of a solid fence, trees,
shrubbery, or other appropriate means. Such storage areas shall be kept free of
weeds, trash, and other objectionable items.
(2) Vehicles stored or kept on the premises of a business
enterprise operated in a lawful place and manner when necessary to the operation
of such business enterprise, provided that any dismantled, discarded, wrecked,
demolished, or partially demolished vehicle is stored in a fully enclosed
structure or in a junkyard, as defined in section 17-04-235 of this code, which
has been approved in accordance with chapter 17-30 of this code. (Ord. 324
§1, 1978; Ord. 467 §2, 1982)
8-20-030 Investigation.
The city manager or his or her authorized representative is
hereby authorized to investigate any matter at any place within the city which
reasonably appears to be in violation of the provisions of this chapter. (Ord.
324 §3, 1978)
8-20-040 Notice.
(A) If, after an investigation, there is probable cause for
believing a violation of this chapter exists, a written notice of violation
shall be issued immediately to the owner of the vehicle or any person in charge
or control of the vehicle or the property owner, or his or her agent, manager,
tenant, resident, lessee, renter, or occupant of the premises on which such
vehicle is located. Such notice of violation shall state the date issued, the
name of the person to whom the notice is issued, the violation involved and a
time limit of fifteen days given to remove or correct the cause of such
violation, and be signed by the issuing officer, except that for second or
subsequent violations of this chapter within an eighteen-month period the time
limit shall be five days.
(B) For the purposes of this section, the tenant, occupant,
or lessee shall be deemed agent of the owner of the premises. (Ord. 324
§4, 1978; Ord. 467 §3, 1982; Ord. 1319 §3, 1998)
8-20-050 Issuance of summons and complaint.
If, after the time limit specified in the notice of
violation, the cause of such violation has not been removed or corrected, a
summons and complaint shall be issued to the person named on the notice of
violation unless satisfactory arrangements for an extension of time have been
made with the police department. In the event that the owner of the vehicle, or
the owner or his or her agent, manager, tenant, resident, lessee, renter, or
occupant of the premises on which such vehicle or junk is located cannot be
located in order to serve such notice of violation, then a summons and complaint
shall be issued against the vehicle, describing the vehicle by make, year, and
model. (Ord. 467 §4, 1982; Ord. 1319 §4, 1998)
8-20-060 Effecting removal.
(A) Upon the failure, neglect, or refusal of any owner or
agent of the owner so notified, to properly dispose of such vehicle or parts
thereof within the time limits herein set forth, the city manager, or his or her
authorized representative, is authorized and empowered to remove the same at the
expense of such owner or agent of the owner, plus a sum not exceeding $40.00 for
the administrative expenses of the city.
(B) In case the owner or agent of the owner of such
property fails to pay such costs within the thirty days after a statement
therefor has been rendered, the city manager, or his or her authorized
representative shall order the vehicle disposed of as an abandoned vehicle under
section 22-21 of the Model Traffic Code and report the same to the city clerk
who shall assess the costs against the property in question. Such assessment
shall constitute a perpetual, first, and prior lien on the property involved,
subject to general taxes and prior special assessments. The city clerk shall
certify to the county treasurer the assessments which are not paid within twenty
days after the date of assessment. Ten percent of the amount shall be added to
the assessments to pay the cost of collection. (Ord. 324 §6,
1978)
8-20-070 Hobby repair work.
It is unlawful for any person to repair, keep, or work on
any vehicle as a hobby, unless such hobby is conducted in and totally contained
within a residential or commercial garage, and conducted in such a manner so as
not to create a safety, health, or fire hazard; except that this shall not apply
to minor repair and maintenance activities such as, by way of illustration, the
changing of oil, spark plugs, tires, so long as said minor work does not exceed
a reasonable length of time, such as by way of illustration, two days. Repair
of vehicles purchased for repair and resale or vehicles repaired for any
compensation received shall not be considered a hobby and shall be governed by
the zoning ordinances of the city. (Ord. 324 §7, 1978)
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