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)