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(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ABANDONED VEHICLE. Any vehicle which is without the required current license plates or tabs, inoperable, stripped, unclaimed, scrapped, junked or discarded. This term shall also mean a vehicle being repaired when such repairs take 72 hours or more.

ABANDONED VEHICLE PARTS. Any vehicle part which is inoperable, unclaimed, scrapped, junked, discarded or not used in or on any vehicle within any seven-day period.

CLASSIC CAR. A vehicle licensed pursuant to A.R.S. § 28-2483 as a horseless carriage, classic car or historic vehicle.

PRIVATE PROPERTY. Land owned by any person other than the United States, the state, the county or the City.

UNSHELTERED. Anything located outside a garage in such a manner as to be visible to a person standing upon any public street, alley, sidewalk or right-of-way or to any person standing at ground level upon any adjoining piece of property.

VEHICLE. A self-propelled device in, upon or by which any person or property is or may be transported or drawn upon a public highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

VEHICLE PARTS. Any parts, components or accessories of a vehicle.

(B) Unsheltered storage prohibited.

(1) The unsheltered storage of any abandoned vehicle or abandoned vehicle parts for a period of 15 days or more on any private property within the corporate limits of this City is declared to be a nuisance and dangerous to the public safety.

(2) The provisions of subsection (B)(1) of this section shall not apply to the storage of abandoned vehicles or abandoned vehicle parts on the premises of a business enterprise operating in a lawful place and manner when necessary to the operation of such business enterprise or to a storage place or depository for vehicles or vehicle parts maintained in a lawful place and manner. The exceptions contained in this subsection shall be an affirmative defense to be pled and proved by the defendant in any judicial proceedings under this section.

(3) The provisions in subsection (B)(1) of this section shall not apply to classic cars while such are maintained or stored on the owner’s private property.

(C) Removal.

(1) The owner, tenant, lessee or other occupant of any private property within the corporate limits of the City upon which storage is prohibited by subsection (B) of this section and also the owner of such abandoned vehicles or abandoned vehicle parts involved in such storage shall jointly and severally abate the nuisance. Every person who shall fail, neglect or refuse to abate the nuisance as provided in this section shall also be guilty of a class 1 misdemeanor. The imposition of any sentence shall not exempt the offender from compliance with the requirements of this section.

(2) Any person who fails, neglects or refuses to abate such nuisance shall be notified in writing by certified or registered mail or by personal service by the City Manager or his or her representative to abate the nuisance within 15 days from the date appearing on such written notice.

(3) When any person to whom notice as provided in this subsection has been mailed fails, neglects or refuses for more than 15 days from the date appearing on the notice to abate the nuisance, the City Manager or his or her representative is authorized to remove the abandoned vehicle or abandoned vehicle parts from the premises and dispose of same according to law.

(4) The owner, tenant, lessee or other occupant of any private property, from which the City has removed an abandoned vehicle or abandoned vehicle parts pursuant to this section, shall be liable for all costs incurred in removing said items from the property. (Prior Code, § 11-1-1)