§ 16-67. Abatement.

(a)

The procedure for the abatement and removal of a junked vehicle or part of a junked vehicle as a public nuisance from private property is as follows:

(1)

For a nuisance on private property, the city shall notify in writing the registered owner of the junked vehicle, any lien holder of record and the owner of the private premises on which the public nuisance exists setting forth in such notice the following:

a.

The nature of the public nuisance on private property;

b.

That it must be removed and abated within ten (10) days from receipt of such notice; and

c.

That, if the person so notified desires a public hearing, then the person so notified must request such hearing within ten (10) days from the receipt of such notice.

(2)

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 return.

(b)

The procedure for the abatement and removal of a junked vehicle or a part of a junked vehicle as a public nuisance from public property or public rights-of-way is as follows:

(1)

For a nuisance on public property or public rights-of-way, the city shall notify in writing the registered owner of the junked vehicle, any lien holder of record and the owner or occupant of public premises, or the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, setting forth in such notice the following:

a.

The nature of the public nuisance on public property or on a public right-of-way;

b.

That it must be removed and abated within ten (10) days from receipt of such notice; and

c.

That, if the person so notified desires a public hearing, then the person so notified must request such hearing within ten (10) days from the receipt of such notice.

(2)

The notice shall 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 public premises or to the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists. 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.

(c)

A public hearing shall be held before the governing body of the city or its designee prior to the removal of a vehicle or vehicle part as a public nuisance. If 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 the vehicle is located, then such hearing shall be held within ten (10) days after receipt of the notice to abate the nuisance. After such hearing, the resolution or order requiring the removal of a vehicle or a vehicle part shall include a description of the vehicle and the correct identification number and license number of the vehicle, if the information is available at the site.

(d)

The city shall notify the state department of highways and public transportation not later than the fifth day after the date of removal of the vehicle or vehicle part and such notice shall identify the vehicle or vehicle part and, if available, include the correct identification number and license number of the vehicle so removed.

(e)

After the vehicle has been removed, any person is expressly prohibited from reconstructing or making operable the vehicle.

(f)

This section shall not apply to a vehicle or vehicle part that 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 vehicle part that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or junkyard or an unlicensed operable or inoperable antique or special interest vehicle stored by a collector on the collector's property if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.

(g)

The procedure set forth in this section shall be administered by regularly salaried fulltime employees of the city except that the removal of vehicles or parts thereof from property may be by any other duly authorized person.

(Ord. No. 85-114, § 16-27, 11-12-85)

State law reference

Similar provisions, Vernon's Ann. Civ. St. art. 4477-9a, § 5.09.