Storage and Removal of Junk Motor Vehicles in Shawnee Township

WHEREAS, The Board of Trustees for Shawnee Township has determined that regulations regarding the storage and removal of junk motor vehicles shall be adopted and regulated as follows:

WHEREAS, Ohio Revised Code, Section 505.173 authorizes a Board of Township Trustees (the “Board”) to adopt resolutions as the Board considers necessary to regulate the storage of junk motor vehicles, as defined by O.R.C. Section 505.173(E), on private or public property with the unincorporated area of Shawnee Township (the “Township”); and

​ WHEREAS, O.R.C. Section 505.871 authorizes the Board of Township Trustees to provide, by resolution, for the removal of any vehicle that the Board determines is a junk motor vehicle from public or private property in the unincorporated territory of the Township.

​ 1. In accordance with Ohio Revised Code, Section 505.173 (E), a “Junk Motor Vehicle” is defined as a motor vehicle meeting all of the following criteria: (1) Three model years old, or older; (2) Apparently inoperable; (3) Extensively damaged, including, but not limited to, any of the following: missing wheels, tires, engine, or transmission. In addition, the “junk motor vehicle” shall be determined to have remained in the same or similar location for a period of thirty-(30) days or more as documented by a camera capable recording date of the violation.

​2. In accordance with O.R.C. Section 505.173 any junk motor vehicle stored on public or private property in the unincorporated area of the Township for more than thirty-(30) 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 with zoning regulations.

​3. In accordance with Ohio Revised Code, Section 4501.01(F) a "Collector's vehicle" means any motor vehicle or agricultural tractor or traction engine that is of special interest, that has a fair market value of one hundred dollars or more, whether operable or not, and that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector's item, leisure pursuit, or investment, but not as the owner's principal means of transportation. a "Licensed collector's vehicle" means a collector's vehicle, other than an agricultural tractor or traction engine, that displays current, valid license tags issued under section 4503.45 of the Ohio Revised Code, or a similar type of motor vehicle that displays current, valid license tags issued under substantially equivalent provisions in the laws of other states.

​4. In accordance with Ohio Revised Code, Section 4501.0 (G) "Historical motor vehicle" means any motor vehicle that is over twenty-five years old and is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but that in no event is used for general transportation.

​ 5. In accordance with Ohio Revised Code, Section 4501.01, Regardless of whether it is licensed or unlicensed, a collector's vehicle is a "junk motor vehicle" for purposes of this section, if the collector's vehicle meets all of the criteria contained in the definition of a “junk motor vehicle”. If a collector's vehicle meets all of the “junk motor vehicle” criteria, the board of township trustees, may regulate the storage of that motor vehicle on private or public property in the same manner that the board may regulate the storage of any other junk motor vehicle. In case of a violation of this section, board of township trustees may pursue any remedy provided by law, including, the instituting an action for injunction, mandamus, or abatement, or any other appropriate action or proceeding to prohibit the storage of junk motor vehicles in violation of this section.

​ Except for a case in which Section 4 of this Resolution applies, no resolution shall prevent a person from storing or keeping, or restricting a person in the method of storing or keeping, any collector's vehicle on private property with the permission of the person having the right to the possession of the property, except that a person having such permission may be required to conceal, by means of buildings, fences, vegetation, terrain, or other suitable screening, any unlicensed collector's vehicle stored in the open.

​ 6. If a junk motor vehicle is located on private property, and has remained in the same or similar location for more than thirty-(30) days, the board of township trustees shall serve written notice of its intention to remove or cause the removal of the vehicle on the owner of the land and any holders of liens of record on the land. The owner of the land as well as lien holder of record of the land shall be provided thirty-(30) calendar days to remove said vehicle(s) or enter into a written agreement with the board of township trustees a plan of action for the removal or storage of said junk motor vehicle(s). The notice provided under Section 5, shall generally describe the vehicle(s) to be removed as well as indicating all of the following:

​ (a) The board has determined that the vehicle is a junk motor vehicle;
​ (b) If the owner of the land fails to remove the vehicle within thirty days after service of the notice, the board may remove or cause the removal of the vehicle; and
​ (c) Any expenses the board incurs in removing or causing the removal of the vehicle may be entered upon the tax duplicate and become a lien upon the land from the date of entry.
​ (d) The board shall serve the notice under this division by sending it by certified mail, return receipt requested, to the owner of the land, if the owner resides in the unincorporated territory of the township or if the owner resides outside the unincorporated territory of the township and the owner's address is known or ascertainable through an exercise of reasonable diligence.
​ (e) The board also shall send notice in such manner to any holders of liens of record on the land. If a notice sent by certified mail is refused or unclaimed, or if an owner's address is unknown and cannot reasonably be ascertained by an exercise of reasonable diligence, the board shall publish the notice once in a newspaper of general circulation in the township before the removal of the vehicle, and, if the land contains any structures, the board also shall post the notice on the principal structure on the land.
​ (f) A notice sent by certified mail shall be deemed to be served for purposes of this section on the date it was received as indicated by the date on a signed return receipt. A notice given by publication shall be deemed to be served for purposes of this section on the date of the newspaper publication.
​ (g) The board of township trustees may pursue any remedy provided by law, including instituting an action for injunction, mandamus, or abatement, or any other appropriate action or proceeding to prohibit the storage of junk motor vehicles in violation of this resolution.
​ (h) If the board the township trustees determines that abatement and removal of the junk motor vehicle(s) is required, the board of township trustees may cause the removal or may employ the labor, materials, and equipment necessary to remove a junk motor vehicle under this section. All expenses incurred in removing or causing the removal of a junk motor vehicle, when approved by the board, shall be paid out of the township general fund from moneys not otherwise appropriated, except that if the expenses exceed five hundred dollars, the board may borrow moneys from a financial institution to pay the expenses in whole or in part.
​ (i) The procedure for the removal of junk motor vehicles from public as well as private property shall be as follows:

​ 1. The Board of Trustees shall enter into a contract with a licensed motor vehicle salvage dealer. This shall be any person who engages in business primarily for the purpose of selling salvage motor vehicle parts and secondarily for the purpose of selling at retail salvage motor vehicles or manufacturing or selling a product of gradable scrap metal, or scrap processing facility. This being an establishment having facilities for processing iron, steel, nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for re-melting purposes for the disposal or removal of the junk vehicle.

​ 2. The Fiscal Officer, for the Board of Trustees shall prepare an affidavit which shall describe the junk motor vehicle, the manner of removal or disposal of said junk motor vehicle, and also include within the affidavit that the notice and search requirements of Ohio Revised Code, Section 4501.101 have been met by the facility which is holding the junk motor vehicle.

​3. Notice shall be though certified mail service, return receipt requested, to the last known address of any owner and any lienholder of the motor vehicle. In order to determine the last known address of any owner, and any potential lienholders, it is the responsibility of the salvage dealer or scrap metal processing facility to search the records through the Bureau of Motor Vehicles. a. Any notice given to a lienholder by the salvage dealer or scrap metal processing facility shall include (1) Where the Junk Motor Vehicle is located, and (2) The value of the Junk Motor Vehicle. b. The Fiscal Officer shall create three-(3) originals of the affidavit, each containing original signatures.

​ 4. The Board of Trustees shall maintain one affidavit for record and will give remaining two original affidavits, containing original signatures, to the motor vehicle salvage dealer or scrap metal processing facility.

​ 5. The salvage dealer or scrap metal processing facility will then file one original affidavit to the Clerk of Courts, and keep the other copy for their own records.

​ 6. Within 30 days, after the affidavit is filed, with the Clerk of Courts, the Clerk will then issue the salvage certificate of title, which will be free and clear of all liens and encumbrances, no later than 30 days after the salvage dealer or scrap metal processing facility presents the affidavit to the Clerk of Courts.