- Parking & Storing of Inoperable Motor Vehicles
Parking & Storing of Inoperable Motor Vehicles on Public and Private Property in Shawnee Township
WHEREAS, The Shawnee Township Zoning Resolution, Section 1704 (Uses Not Permitted), specifically outlines uses that are specifically prohibited within all zoning districts in the unincorporated area of Shawnee Township. This includes Section 1704.2- The exposed storage of one-(1) or more unlicensed and / or inoperable motor vehicle(s), excluding vehicle(s) primarily intended for agricultural for Agricultural uses, for more than forty-five (45) days.
WHEREAS, The Board of Trustees for Shawnee Township has determined that a definition of an inoperable motor vehicle as well as regulations regarding the parking and storage of inoperable motor vehicles shall be adopted and regulated as follows consistent with the Shawnee Township Zoning Text and this Resolution and; for the purpose of this Resolution, the definition of an Inoperable Motor Vehicle shall be defined as a motor vehicle exhibiting two-(2) or more of the following characteristics:
a. The motor vehicle is apparently inoperable and has remained in the same or similar location for a period of forty-five-(45) days or more as documented by a camera capable recording the date on photograph;
b. The motor vehicle is parked in the open, and is not housed in a completely enclosed structure, garage or other acceptable completely enclosed building; or by fences, terrain, or other suitable screening (including vegetation, so long as concealment is not effected by seasonal changes in the type of vegetation relied upon) from all sides of the property; a motor vehicle cover, tarp, or other concealment material is not an acceptable means of cover;
c. The motor vehicle is without a license plate(s), or the motor vehicle’s license plate has been expired for a period of more than three-(3) months;
d. Grass, weeds, vegetation, or other forms of debris has grown or is located around the wheels, wheel wells or body frame of the motor vehicle substantiating the vehicles inoperability;
e. The motor vehicle is without substantial components, including but not limited to windshield, side or back window, wheel rim(s), tire(s), door, fender, headlamp, engine, hood, muffler, transmission, or other similar major parts;
f. The motor vehicle lacks the required safety equipment; and is apparently unsafe or hazardous to persons inside or outside the motor vehicle;
g. The motor vehicle is without fully inflated tire(s), and / or has any type of support under it, example lift jack or bricks; or other means of physical support;
h. The motor vehicle is apparently inoperable to the ordinary observer;
i. The motor vehicle is substantially wrecked, severely damaged or damaged beyond economic repair.
2. No inoperable motor vehicle shall remain parked in the open on any property (public or private) for a period of more than forty-five-(45) days, within the unincorporated area of Shawnee Township.
3. Any inoperable motor vehicle stored on public or private property in the unincorporated area of the Township for more than forty-five-(45)days, must be completely concealed from public view, which shall be accomplished either by means of buildings, including being housed in a garage, or other suitable completely enclosed structure, or by fences, terrain, or other suitable screening (including vegetation, so long as concealment is not effected by seasonal changes in the type of vegetation relied upon) from all sides of the property.
In no event shall concealment be construed as being satisfied by use of car covers, tarps, or other similar materials, and shall comply to zoning regulations.
4. Nothing in this Resolution shall prohibit the open storage or keeping of a historic motor vehicle or collectors motor vehicle, as defined by Ohio Revised Code, Section 4501.01, except that an unlicensed collectors motor vehicle or unlicensed historical motor vehicle shall be concealed from off-premises viewing, by means of a building, fencing, vegetation, terrain, or other suitable obstruction.
5. The Notice of Violation Correspondence shall contain the following information: Owner of Property or Lien Holder of Record, Address of the Property, Allen Co. Tax Parcel Identification, Date of Initial Violation, Date of Subsequent Violation, Location of Vehicle on Property (Public or Private), Description of Motor Vehicle, License Plate Number (if observable), Inoperable Motor Vehicle Characteristics, Length of Time Vehicle Has Been Inoperable, Unusual Observations (if any), Remedy Sought, and Appropriate Length of Time to Correct Violation. Notice shall include photographs of initial as well as subsequent violation date, with a camera capable recording the date of violations on the photographs.
6. A period of thirty-(30) days shall be afforded to correct the violation, which shall be calculated from the date of mailing of the certified mail correspondence. If special or mitigating circumstances exist, it shall be the property owner / lienholder responsibility to enter into a written agreement with the Board of Trustees for any additional time or a plan of action for correction of the violation.
7. The Board of Trustees/designee, shall send notice to the owner of the land by certified mail if the resident is a resident of the township or is a non-resident whose address is known and by certified mail to lien holders of record; alternately, If the owner is a resident of the township or is a non-resident whose address is known, the board may give notice to the owner by causing any of its agents of employees to post the notice on the principle structure on the land and to photograph the posting of the notice with a camera capable of recording the date of the photograph on it. If the owner of the land has an unknown address, and cannot be reasonably obtained, it shall be sufficient to publish the notice once in the newspaper of general circulation in the township.
8. If the violation is corrected, then no further action shall be taken and the matter shall be closed. If however, the violation is not corrected within the time period afforded or a plan of action submitted by the owner to the Board of Trustees, then a second (2nd) notice of violation shall be sent to the owner of the land and lien holder of record in the same manner as prescribed in Section 5 of this resolution.
9. The board of township trustees may pursue any remedy provided by law either civil or criminal legal action, including instituting an injunction, mandamus, abatement, or any other appropriate action or proceeding to prohibit the parking or storage of an inoperable motor vehicle in violation of this resolution.
10. Should the inoperable motor vehicle meet the requirements of being a “junk motor vehicle”, then the procedures outlined in the Resolution titled, “Resolution Governing the Storage and Removal of Junk Motor Vehicles within the Township may be instituted, at the discretion of the Board of Township Trustees.