§ 14-27. Procedures for abating nuisance; hearing.

(1)

If a timely request for hearing is made by a person for whom notice is required under section 14-26, the hearing shall be held not earlier than the eleventh day after the date of service of the notice.

(2)

At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.

(3)

The hearing shall be conducted by a hearing officer called the article IV hearing officer, who shall be appointed by the mayor and who shall serve for a term of not mare than two (2) years.

(4)

The hearing officer may hear evidence relating to the junked vehicle or part of a vehicle in question from any of the persons entitled to notice under this article, from an enforcement officer of the care of premises office and from other interested persons. The hearing officer shall make a determination whether there is a public nuisance as defined in this article, and if he or she so finds, shall issue an order to abate the public nuisance. Any order of the hearing officer requiring the removal of a junked vehicle or part thereof shall include a description of the vehicle (year, make and model) and the correct identification number and license number of the vehicle if such information is available. The order of removal shall specify that the vehicle shall be removed not less than ten (10) days from the date of the hearing or, if the notice is returned undelivered, not less than ten (10) days after the date of the return.

(5)

The hearing officer shall make a written determination, and if his determination includes an order for removal, the order must include, if it is available, the vehicle's description, vehicle identification number and license plate number, and the hearing officer shall cause such determination to be mailed in like manner and to each person entitled to notice as provided in section 14-26, and the latest date by which the nuisance shall be removed.

(6)

Upon the determination and order of the article IV hearing officer or of the municipal court judge, if the matter is prosecuted in municipal court under section 14-25, above, if the nuisance is not abated and removed within the period provided for herein, the removal and disposal shall be accomplished by the director of the department of community development, and his designees.

(Ord. No. 2005-O-115, § 1, 5-16-05)