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Ord 1988-092
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Ord 1988-092
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8/10/2007 3:49:31 PM
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8/10/2007 3:49:31 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
1988-92
Date
11/28/1988
Volume Book
93
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<br />-7- <br /> <br />a. <br /> <br />The actual cost of compliance with this <br />if such cost is excessive in a particular case; <br /> <br />Division <br /> <br />b. <br /> <br />The financial ability of the appellant to comply with <br />terms and conditions of this Division; <br /> <br />the <br /> <br />c. <br /> <br />The purposes and intent of this Division; <br /> <br />d. <br /> <br />Any variations to the terms of this Division that will <br />result in substantial accomplishment of its purposes and <br />intent while affording the appellant some relief from any <br />financial hardship created by the literal enforcement of <br />this Division, including, but not limited to alternate <br />methods of screening from public view vehicles affected by <br />this Division, relocation of said vehicle on the <br />appellant's property, relocation off appellant's <br />property for storing or keeping the vehicle and alternate <br />cover requirements for the vehicle. <br /> <br />Sec. <br /> <br />16-47. <br /> <br />Notice <br /> <br />to <br /> <br />abate <br /> <br />and <br /> <br />remove public <br /> <br />nuisance. <br /> <br />(a) For public nuisances on private property, as defined in <br />Section 16-41 of this Division, the Chief of Police or <br />his designee shall give written notice by certified mail, <br />five (5) day return requested, to the last registered <br />owner of the junked vehicle, any lienholders of record, <br />and the owner of the private property on which such <br />nuisance exists as shown on the tax rolls of the City, or <br />to the occupant of the premises, of the existence of the <br />nuisance, the nature of same, that such nuisance must be <br />removed and abated within ten (10) days after receipt of <br />such written notice,and that upon failure to abate the <br />nuisance within such ten (10) day period and following a <br />public hearing in Municipal Court held on a date certain <br />as provided in the notice, no sooner than the 11th day <br />after the date the above-referenced notice is mailed and <br />no later than 30 days after the mailing of such notice <br />wherein the abatement of the nuisance is ordered by said <br />Court, the City will remove or cause the removal of such <br />public nuisance. If the notice is returned undelivered by <br />the u.s. Post Office, official action to abate the <br />nuisance shall be continued to a date not less than ten <br />(10) days after the date of the return. If the identity <br />of the last registered owner of the junked vehicle or the <br />owner or occupant of the premises cannot be reasonably <br />determined, or the registeration contains no address for <br />the owner, or if it is impossible to determine with <br />reasonable certainty the identity and address of the <br />lienholders, if any, notice by one (1) publication in a <br />newspaper of general circulation in the City shall <br />constitute sufficient notice under this Section, provided <br />that no hearing shall be held sooner than five (days) from <br />the date of the first publication of said notice which <br />must include the time and date of the hearing. <br /> <br />(b) For public nuisances on public property as defined in <br />Section 16-41 of this Division, the Chief of Police or <br />his designee shall give written notice by certified <br />mail, five (5) day return requested, to the last <br />registered owner of the junked vehicle, any lienholders <br />of record, and the owner (as shown on the tax rolls of <br />the City) or occupant of the public premises, or the owner <br />or occupant of the premises adjacent to the public <br />premises on which the nuisance exists, of the existence <br />of the nuisance, the nature of same, that such nuisance <br />must be removed or abated within ten (10) days 9fter <br />receipt of such written notice, and that upon failure to <br />abate the nuisance within such ten (10) day period and <br />following a public hearing in Municipal Court held on a <br />date certain as provided in the notice, no sooner than the <br />11th day after the date the above-referenced notice is <br />mailed and no later than 30 days after the mailing of such <br />notice wherein the abatement of the nuisance is ordered by <br />said Court, the City will remove or cause the removal of <br />such public nuisance. If the notice is returned <br />
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