Ord 1995-015 - Laserfiche WebLink

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17~P -7- (4) The vehicle is completely covered by a heavy duty, contour- fitting cover in such a manner that no part of the vehicle except the tires is exposed to public view, and there is only one such vehicle on the property; or, (5) The vehicle is in an appropriate storage facility maintained by the city or approved by the city, (b) This section does not allow a person to leave a junked vehicle on private property without the permission of the owner of the property, Sec. 16-38. Notice to abate nuisance vehicle. (a) For nuisance vehicles on private property as described in Section 16- 36, the director of environmental health or a designee will give written notice by certified mail, 5-day return requested, to the last known registered owner of the vehicle, any lien holder of record, and the owner or occupant of the property on which the vehicle is located, If the pOst office address of the owner is unknown, the notice may be placed on the vehicle, or hand-delivered to the owner. , (b) The notice must state: (1 ) the existence and nature of the nuisance; (2) that the nuisance must be abated within 10 days after receipt of the notice; (3) that, a public hearing must be requested within the 10 day period or it wilf be automatically waived; and (4) that if the nuisance is not removed and a hearing is not requested within the 10 day period, the City will remove or cause the removal of the nuisance vehicle, (c) If any notice is returned undelivered, official action to abate the nuisance vehicle shall b~ continued to a date not less than 10 days af:ter the date of return, (d) For nuisance vehicles on public property as described in Section 16-35 which are not dealt with ås abandoned motor vehicles, written notice sh$1I be given as described in subsection (a) except that notice must be mai.led to the occupant of the public premises and to the owner or occupant of the premises adjacent to the public right-of-way, . Sec. 16-39. Public hearing in municipal court. (a) Upon the timely r~quest for a hearing of any person to whom a notice was given regarding a nuisance vehicle, a public hearing will be held before a municipal court judge. Notice 9f the, time, date and Io,cation of the hearing will be provided to each person to who submitted a timely request for a hearing, (b) The issue at the hearing is whether the vehicle is 'a nuisance vehicle, (c) At the hearing, ur;less proved otherwise, the vehicle is presumed to be inoperable, ' , . (d) if the judge finds the, vehiCle to be a nuisancè vehicle, the judge will order the vehicle to be removed.