CHAPTER 14A. NUISANCES.
Article IV. Abandoned, Wrecked, Dismantled or Inoperative Motor Vehicles.
Sec. 14A-4-2. Notice to abate.
When the community development director determines pursuant to an
inspection conducted according to Section 14A-1-6, that the conditions existing
on the premises constituting a violation of the provisions of this chapter are
the result of the existence on said premises of any abandoned, wrecked,
dismantled or inoperative vehicle(s), or parts thereof, and should be abated,
the community development director shall, except as provided in Section 14A-4-3,
do the following:
(1) Issue a notice of the city's intention to abate and
remove the vehicle(s) or parts thereof after the expiration of ten days, as a
public nuisance, directed to the owner of the premises on which the vehicle(s)
or parts thereof is located and the owner of the vehicle(s) or parts thereof.
This notice shall contain:
(A) The street address and such other description
as is required to identify the premises on which the vehicle(s) or parts thereof
is located;
(B) The identity of the vehicle(s) or parts thereof to be
abated, including license and/or vehicle identification number if
available;
(C) A statement that the community development director has found
the vehicle(s) or parts thereof to be a public nuisance as specified in this
chapter with a special citation to the applicable section thereof, and to other
sections of the city code if applicable, including sufficient detail to provide
the owner with information as to the conditions constituting the alleged
nuisance;
(D) A statement of the action required to be taken as determined
by the community development director, and that such action is to be completed
within ten days after the date of the mailing of the notice;
(E) A statement
that removal from the location specified in the notification to another location
upon which storage is not permitted is prohibited and shall subject the person
to additional penalties without further notice;
(F) A statement that if
removal is made within the time limits specified, notification shall be given in
writing to the community development director;
(G) A statement of the
penalties provided for noncompliance with such notice;
(H) A statement
providing for a hearing by the hearing officer upon written request to the
community development director by the owner of the premises on which the
vehicle(s) or parts thereof is located or by the owner of the vehicle(s) or
parts thereof within ten days after the date of the mailing of the
notice;
(I) A statement that failure either to take the action required or
to request a hearing within the applicable ten-day period shall be deemed a
waiver of such rights, and that the community development director may proceed
to abate the nuisance in the manner prescribed in Section 14A-4-13.
(2) The
notice shall be sent by registered or certified mail, postage prepaid, to the
owner of the premises as shown on the latest equalized assessment roll of the
county using such address as may be shown by the assessment roll or such other
address as may be known by the community development director and to the last
registered and legal owner(s) of record, unless the vehicle(s) or parts thereof
is in such condition that identification numbers are not available to determine
ownership.
(3) Upon issuance of the notice, the community development
director may provide additional notice by posting a copy thereof conspicuously
on the vehicle(s) or parts to be abated.
(4) If the owner of the premises
and the owner of the vehicle(s) have signed releases authorizing removal and
waiving further interest in the vehicle(s) or parts thereof, no notice of
intention is required. (Ord. No. 1215, § 4 (part).)
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