41-26 Amending Chapter 20, Article 3 of the South Bend Municipal Code to Update Definitions, Procedures, and Enforcement Provisions Relating to Abandoned Vehicles

Home Browse Search

ARTICLE 3.ABANDONED VEHICLES' Sec. 20-27. Nuisance declared; public agency designated; revolving fund established. (a) Abandoned vehicles are detrimental to the health and safety of the general public and are declared to be a public nuisance and a health and safety hazard. (b) The Board of Public Works shall be the public agency responsible for the removal, storage and disposal of abandoned vehicles. The Board shall act through the Department of Community Investment, and may employ personnel and acquire equipment, property and facilities and enter into contracts as necessary for the purpose of removal, storage and disposition of abandoned vehicles. (c) An "Abandoned Vehicle Fund" is created into which all proceeds from the sale of abandoned vehicles, and all handling expenses recovered shall be placed. The Common Council shall annually appropriate sufficient tax monies to said fund and any monies remaining in the fund at the end of the year shall not revert to the general fund. (d) IC 9-22-1-1 et seq., the "Abandoned Motor Vehicles" chapter, as promulgated by the Indiana State Legislature, is made a part of this article and shall govern all areas not specifically addressed herein. Sec. 20-28. Definitions. For the purpose of this article the following terms shall have the following meanings: (a) Abandoned vehicle means:2 (1) A vehicle located on public property illegally; (2) A vehicle left on the public right-of-way without being moved for three(3)days; (3) A vehicle left on public property owned by the City, other than the public right- of-way,without being moved for twenty-four(24)hours; (4) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of- way; (5) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than forty-eight(48)hours; (6) A vehicle from which the engine, transmission, or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property; IEditor's note(s)—Ord.No.6971-81,enacted Oct. 12,1981,effected a total revision of former Art.3,§§20-27-20- 30.Said former sections pertained to similar subject matter and were derived from Ord.No.6333-78,§1; Ord.No.6383-78,§1;and Ord.No.6492-78,§1. State law reference(s)—Abandoned vehicles generally,IC 9-22-1-1 et seq. 2State law reference(s)—IC 9-13-2-1 sets forth the state's definition for"abandoned vehicle." Page 2 of 5