§ 26-131. Same—Abatement procedures.

(a)

The police department, when desiring to remove and dispose of junked vehicles or part of a junked vehicle as public nuisances, from private property, public property or public rights-of-way, shall comply with the following procedures:

(1)

A notice of not less than ten days, stating the nature of the public nuisance on private property, public property or a public right-of-way and that it must be removed and abated within ten days, and further that a request for a hearing must be made before the expiration of such ten-day period. Such notice shall be mailed, by certified mail with a five-day return requested, must be sent to the owner or the occupant of the private premises or, if the nuisance is located on a public right-of-way, or the property adjacent to the right-of-way whereupon such public nuisance exists, the last known registered owner of the nuisance and each lienholder of record of the nuisance. If the notice is returned undelivered by the United States post office, official action to abate such nuisance shall be continued to a date not earlier than the 11th day after the date of such return. If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, personally delivered.

(2)

The requirements of subsection (a)(1) of this section shall apply to the case of a public nuisance on public property or on a public right-of-way and such notice shall be sent to the owner or the occupant of the public premises, or to the owner or the occupant of the premises adjacent to the public right-of-way whereupon such public nuisance exists.

(3)

Once a vehicle has been removed under the provisions of this section, it shall not be reconstructed or made operable.

(4)

Where a hearing is requested by the owner or occupant of the public or private premises, or by the owner or occupant of the premises adjacent to the public right-of-way on which such a vehicle is located, the hearing shall be held not earlier than the 11th day after service of notice to abate the nuisance. The public hearing prior to the removal of the vehicle or part thereof as a public nuisance must be held before the municipal judge. It shall be the responsibility of the city prosecuting attorney to prosecute the case on behalf of the police department. At the hearing, the junked motor vehicle is presumed to be inoperable unless demonstrated otherwise by the owner. If the municipal judge finds that such vehicle is a public nuisance as defined in this division, he shall enter an order requiring the removal of the vehicle or part thereof from the public or private property or public right-of-way where it is situated and such order shall include a description of the vehicle, and the vehicle identification number and license plate number of the vehicle, if available at the location of the nuisance.

(5)

The police department shall give notice to the state department of motor vehicles within five days after the date of removal of the junked vehicle or part of a junked vehicle, identifying the vehicle or part thereof.

(b)

The procedure set out in this section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard or is an antique or special interest vehicle stored by a motor vehicle collector on the collector's property; provided that the vehicles and outdoor storage areas are maintained in an orderly manner, that they do not constitute a health hazard and are screened from ordinary public view by appropriate means including a fence, rapidly growing trees, or shrubbery.

(c)

The administration of the procedures of this section shall be carried out by regularly salaried, full-time employees of the city, except that the removal of vehicles or parts thereof from property may be accomplished by any other duly authorized person, including wrecker service operators within the city, who have valid and subsisting contract.

(Code 1982, § 16-53; Ord. No. 76-8, § 9, 6-7-1976)