§ 7.504. Notice to Owner to Abate Nuisance-When on Private Property

(a)

Whenever a public nuisance exists on private property within the city in violation of Section 7.502, and the owner thereof can be found, the city manager shall give not less than ten (10) days' notice stating the nature of the public nuisance on private property, that it must be removed and abated within ten (10) days, and that a request for a hearing must be made before expiration of the ten-day period. The notice must be mailed, by certified mail with a five-day return requested, to the last known registered owner of the junked motor vehicle, any lien holder of record, and the owner or occupant of the private premises on which the public nuisance exists. If any notice is returned undelivered by the United States post office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten (10) days after the date of the return. If the post office address of the last known registered owner of the vehicle is unknown, notice to the last known registered owner may be placed on the motor vehicle or if the last known registered owner is physically located, the notice may be hand delivered.

(b)

If the nuisance is not removed and abated within ten (10) days, the city manager shall take possession of the junked motor vehicle and remove it. The city manager shall thereafter dispose of the motor vehicle in such a manner as the city council may provide, consistent with state law, and such vehicle shall not be reconstructed or made operable. However, the owner of the premises may within the ten-day period after service of notice to abate the nuisance, request of the clerk of the municipal court, either in person or in writing, and without the requirement of bond, that a date and time be set when he may appear before the judge of the municipal court for a trial to determine whether he is in violation of this article. Such trial shall be set as provided in Section 7.506. If the owner of the premises requests a hearing within ten (10) days after service of notice to abate the nuisance, then the city manager shall not order the removal of the motor vehicle until ordered to do so by the judge of the municipal court. If the owner of the premises fails to either remove and abate the nuisance or to request a hearing within ten (10) days after service of notice to abate the nuisance, the city manager may cause the removal of the junked motor vehicle or cause to be filed in municipal court a complaint for the violation of maintaining a public nuisance. If the owner of the premises is found guilty of maintaining a public nuisance as defined in this article, the owner shall be punished as provided in Section 1.105 [of this Code], and the court shall order removal and abatement of the nuisances.

(Ord. No. 3006, Sec. 4; Ordinance adopting Code)