§ 14-26. Procedures for abating nuisance: notice.

(a)

The procedures for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance shall be administered by the code enforcement officers of the code enforcement division of the department of community development.

(b)

The said code enforcement officers may enter private property to examine the public nuisance, to obtain information to identify the nuisance, and to remove or direct the removal of the nuisance.

(c)

The enforcement officials shall follow the following procedures for the abatement and removal of a junked vehicle or a part of a junked vehicle, which is a public nuisance, from private property, public property, or public rights-of-way:

(1)

Whenever an enforcement officer determines that a junked vehicle is being maintained in violation of this article, he shall post in a conspicuous place upon the subject junked vehicle or part of a junked vehicle a notice of violation being a green sticker notice of the nature of the nuisance stating that the vehicle or part of a vehicle has been determined to be a public nuisance and that it must be abated and removed within ten (10) days after the posting of such notice of the nature of the nuisance and that a request for a hearing must be made before the ten-day period expires.

(2)

In addition to the green sticker notice in [subsection] (1), above, the notice must be personally delivered or sent by certified mail with a five-day return requested to:

a.

The last known registered owner of the nuisance;

b.

Each lienholder of record of the nuisance; and

c.

The owner or occupant of the property on which the nuisance is located or if the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.

(3)

The notice must state that:

a.

The nuisance must be abated and removed not later than the tenth day after the date on which the notice was personally delivered or mailed; and

b.

Any request for a hearing must be made before the ten-day period expires.

(4)

If the notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh day after the date of the return.

(5)

If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the junked vehicle, or if the owner is located, personally delivered.

(Ord. No. 98-263, § 1, 10-5-98; Ord. No. 2005-O-115, § 1, 5-16-05)