Junk Vehicles, Code Enforcement, City of Longmont
Otherwise known as: Uncle Larry's "classic" truck (motor not included) and all the parts that belong on Uncle Larry's "classic" truck laying all around the yard.
For complaints and additional information regarding abandoned/junk
vehicles on
PRIVATE PROPERTIES, please contact Code Enforcement
(303) 651-8695 or 303-651-8678
For complaints and additional information regarding abandoned/junk
vehicles on
PUBLIC STREETS, please contact
the City of Longmont Police Department (303) 651-8555
INDEX
9.04.010 Designated
generallyProhibited states of things.
9.04.100 Offensive premises.
11.12, II Abandoned
or Junked Vehicles
11.12.040 Abandonment prohibited.
11.12.050 Junked vehicles prohibitedExceptions.
11.12.060 Restrictions on storage of vehiclesOwnership requirements.
11.12.070 ViolationPenalty.
Definitions
"Abandoned vehicle"
"Junked"
"Property"
"Vehicle"
"Street" or "highway"
JUNK VEHICLES
Any vehicle that is abandoned and/or junked, as defined in the
City of Longmont Municipal Code, is a nuisance because it may:
Facilitate rodent, pest and vermin harborage.
Compromise public health resulting from dangerous and unsanitary conditions.
Constitute a fire hazard and threat to public safety and general welfare.
Otherwise erode the aesthetic conditions of the community, degrading the
quality of life of the citizens of Longmont.
It is the duty of any person who is the owner of any vehicle
or any person who is in charge or control of any property within the city,
to remove any partially wrecked, junked or discarded vehicles or parts and
junk from the property. An unregistered vehicle is a junk vehicle.
A junk vehicle which is owned by the occupant on the premises
may remain on property if any of the following conditions apply:
-
The vehicle is located upon the premises of a lawfully
zoned vehicle repair or vehicle storage business; or
-
The vehicle is stored within a completely enclosed
structure (i.e. four walls and a roof); or
-
A maximum of one vehicle per lot or parcel
of real property shall be permitted if said vehicle is entirely covered
with a one-piece opaque heavy tarp or commercial car cover, securely
fastened at all times; or
-
In nonresidential areas,
the vehicle is screened by a concealing fence not less than six feet in
height and otherwise complying with city ordinances applicable to such
fence, rendering the vehicle not visible to persons on adjacent private
or public property to the extent concealment can be reasonably obtained
under the conditions of topography and other attendant circumstances;
or
-
A maximum of one vehicle per lot or parcel
of real property is permitted if the vehicle is currently undergoing repair
or is awaiting the settlement of an insurance claim, provided the vehicle
is removed or brought into compliance within ninety days.
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Definitions:
9.04.010
Designated generallyProhibited states of things.
Any state of things prohibited by the provisions of this code
or by state statute, and not otherwise specified in this chapter as a nuisance,
is a nuisance. (Prior code § 5-5-1)
9.04.100 Offensive premises.
A. Declaration of Policy.
The accumulation of junk, rubbish and debris facilitates rodent,
pest and vermin harborage, compromises public health resulting from dangerous
and unsanitary conditions, constitutes a fire hazard and threat to public
safety and general welfare, and otherwise erodes the aesthetic conditions
of the community, degrading the quality of life of the citizens of Longmont.
This section is intended to complement the provisions set forth in Chapter
11.12 of this code relating to abandoned and junked vehicles.
B. Definitions.
As used in this section, the following definitions shall apply:
-
"Junk"
"Junk" includes, but is not limited to, scrap or remnant building
materials, lumber or metals, discarded furniture, fixtures, appliances,
motor vehicle parts and tires, inoperable, abandoned, demolished, dismantled
machinery, trailers, and other goods in such condition of deterioration
or disrepair so as to be unusable in their existing condition.
-
"Rubbish" and
"debris"
"Rubbish" and "debris" mean all waste, refuse and
rejected matter and material, whether animal, vegetable or mineral,
manufactured or natural.
C. Unlawful Accumulations.
It shall be deemed a public nuisance and unlawful to deposit,
accumulate, store, keep, abandon, or to permit the accumulation, storage,
keeping or abandonment of junk, rubbish or debris on private or public
property within the city, unless such area is specifically used and appropriately
zoned for such deposit, accumulation, storage or keeping of junk, rubbish
or debris, and all applicable fencing, setback and other requirements
applicable to such use are complied with.
D. The Court
The court shall sentence any person violating
this section to pay a fine of up to nine hundred ninety-nine dollars,
or to imprisonment up to one hundred eighty days, or both such fine and
imprisonment. Upon second and subsequent offenses within a twelve-month
period, the minimum fine is one hundred dollars, which the court shall
not suspend.
E. In addition to the penal remedy stated
in subsection D of this section, the city attorney may bring an action before
any competent court having jurisdiction to enjoin the continuation of any
prohibited condition of nuisance. (Ord. 0-94-61 § 9 (part); Ord. 0-86-39,
§ 1)
Chapter
11.12,
II Abandoned or Junked Vehicles
11.12.030
Definitions as used in this article:
"Abandoned vehicle"
means:
-
Any vehicle left unattended on private property for seventy-two
hours without the consent of the owner or lessee of such property or his
or her legally authorized agent;
-
Any vehicle left unattended on private property without
the consent of the owner or lessee of the propertyor his or her legally
authorized agent when such private property has been posted to give notice
that any vehicles left on the private property without permission may
be towed at the owner's expense. Such notice shall be posted with signs
visible to ordinarily observant persons on the property;
-
Any vehicle left unattended on public property, including
any portion of a highway, street, alley or other right-of-way for twenty-four
hours or longer unless the owner or driver has conspicuously affixed a
dated notice stating his or her intention to return or has otherwise notified
the police department of his or her intention to remove it within seventy-two
hours.
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"Junked" means any vehicle
which:
-
Does not bear valid, unexpired license plates, unless of
a type specifically exempted from motor vehicle licensing by the laws
of the state of Colorado; or
-
Is wrecked, damaged or substantially dismantled to the extent
that such vehicle is inoperable; or
-
If designed to be capable of moving itself when in proper
repair, is incapable of being moved under its own power in its existing
condition, or does not have all tires inflated.
"Property"
means any real property within the city which is not a street or highway.
"Street" or "highway"
means the entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular
travel.
"Vehicle"
means a machine propelled by power other than human power, and includes campers,
trailers and other equipment designed to be carried upon or towed behind such
powered vehicle, designed to travel along the ground by use of wheels, treads,
runners or slides, or upon such vehicle, and transport persons or property
or pull machinery, and shall include, without limitation, automobile, airplane,
truck, trailer, camper, motorcycle, motor scooter, recreational vehicle, tractor,
buggy and wagon. (Amended during 1993 recodification; Ord. 0-93-17 § 4 (part))
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11.12.040 Abandonment
prohibited.
It is unlawful to abandon any vehicle in the city. (Ord. 0-93-
17 § 4 (part))
11.12.050
Junked vehicles prohibitedExceptions.
It is unlawful for any person to permit any junked vehicle to
be left upon any street, highway, public property or, being the owner or tenant
in possession of any real property in the city, to cause or permit any junked
vehicle to be put upon or kept upon any real property in the city, except
that this section shall not apply to the following conditions, which shall
constitute an affirmative defense:
-
The vehicle is located upon the premises of a lawfully zoned
vehicle repair or vehicle storage business; or
-
The vehicle is stored within a completely enclosed structure;
or
-
A maximum of one vehicle per lot or parcel of real property
shall be permitted if said vehicle is entirely covered with a one-piece
opaque heavy tarp or commercial car cover, securely fastened at all times;
or
-
In nonresidential areas, the vehicle is screened by a concealing
fence not less than six feet in height and otherwise complying with city
ordinances applicable to such fence, rendering the vehicle not visible
to persons on adjacent private or public property to the extent concealment
can be reasonably obtained under the conditions of topography and other
attendant circumstances; or
-
A maximum of one vehicle per lot or parcel of real property
is permitted if the vehicle is currently undergoing repair or is awaiting
the settlement of an insurance claim, provided the vehicle is removed
or brought into compliance within ninety days. (Ord. 0-95-60 § 1: Ord.
0-93-17 § 4 (part))
11.12.060
Restrictions on storage of vehiclesOwnership requirements.
The storage of junked vehicles as authorized by subsections
11.12.050 C and E shall be permitted only as to vehicles owned by the occupant
of the premises upon which such vehicle is located, or by members of the immediate
family of the occupant. (Ord. 0-93-17 § 4 (part))
11.12.070 ViolationPenalty.
In addition to any other penalty, any vehicle found in violation
of this chapter is a public nuisance, and the city attorney may bring a civil
action before any court of competent jurisdiction for abatement. The court
shall assess all costs incurred by the city in securing the abatement, including
impoundment and storage expenses, and reasonable attorney's fees, against
the person or persons owning the vehicle and otherwise having occupancy of
the private property affected or custody of the junked or abandoned vehicle
involved. (Ord. 0-94-61 § 9 (part): Ord. 0-93-17 § 4 (part))
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Last Updated 01/29/09
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