9.08.030 - Abatement.
A. Upon complaint or upon its own initiative, the environmental services department may initiate appropriate official action to remove and abate a public nuisance in the nature of a junked vehicle or junked vehicle part. Notice of the existence of a nuisance shall be in accordance with the procedures set forth in this chapter.
B. For a public nuisance that exists on private property, the environmental services department shall notify the last known registered owner of the junked vehicle or junked vehicle part, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists, that the nuisance exists, that it must be removed and abated within ten days of the receipt of such notice, or that a request for a hearing must be made by the owner or occupant before the expiration of the ten-day time period from the receipt of the notice. The notice shall be sent by certified mail with a five-day return receipt requested. If the post office address of the last known registered owner of the motor 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. If any notice is returned undelivered by the United States Post Office, further official action to abate the nuisance shall be continued to a date not less than ten days after the date of return.
C. For a public nuisance that exists on public property, the environmental services department shall notify the last known registered owner of the junked vehicle or junked vehicle part, any lienholder of record, and the owner or occupant of the public premises or the owner or occupant of the premises adjacent to the public right-of-way on which the public nuisance exists, that the nuisance exists, that it must be removed and abated within ten days of the receipt of such notice, or that a request for a hearing must be made by the owner or occupant before the expiration of the ten-day period from the receipt of the notice. The notice shall be sent by certified mail with a five-day return receipt requested. If the post office address of the last known registered owner of the motor 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.
D. A public hearing shall be held before the municipal court of the city for determination of the existence of a junked vehicle or junked vehicle part as a public nuisance and for the purpose of entering an order requiring the removal of the same if found to be so. Notice of this hearing shall be sent by certified mail to the last known registered owner of the junked vehicle or junked vehicle part, any lienholder of record, the owner or occupant of the private premises, public premises or the premises adjacent to the public right-of-way, as the case may be, not less than ten days before the date of the hearing. At the hearing it is presumed, unless demonstrated otherwise by the owner, that the vehicle is inoperable. The judge of the municipal court shall be the designated official to make such determination and upon the finding that the vehicle or vehicle part is a junked vehicle and constitutes a public nuisance, he shall enter an order requiring the removal of the vehicle or a part thereof. The order must include a description of the vehicle or vehicle part and the correct identification number and license number of the vehicle if the information is available at the site.
E. Before any city employee or any other person is authorized to remove a vehicle or vehicle part that is in violation of this chapter, he shall first obtain from the appropriate court an order for the removal of the junked vehicle or junked vehicle part, which shall include a description of the vehicle or vehicle part and the correct identification and license number of the vehicle if the information is available at the site where the vehicle or vehicle part is located.
F. A junked vehicle or vehicle part may be disposed of by removal to a scrap yard, demolisher or any suitable site operated by the city for processing of scrap or salvage; however, it is unlawful for any person to reconstruct or make operable any junked vehicle after it has been removed.
G. Not later than the fifth day after the removal of a junked vehicle or junked vehicle part, the city shall notify the State Department of Highways and Public Transportation of the removal of the junked vehicle or junked vehicle part, so that the department may cancel the certificate of title. The notice must identify the vehicle or vehicle part.
(Ord. 16138 § 2, 2005: Ord. 13061 § 2, 1997; Ord. 10710 § 1, 1991; Ord. 9971 § 3, 1990: Ord. 8652 (part), 1986; prior code § 11-48)
