The city council or a court of competent jurisdiction shall conduct a hearing under the procedures adopted under this subsection.
(a) The city may not remove a junked vehicle on private property except by these procedures.
(1) An owner or lienholder of the vehicle, or property owner/occupant may request a hearing if the request is made within ten days after service of notice to abate the nuisance. The hearing shall be held no earlier than the 11th day after service of notice to abate the nuisance.
(2) Upon receiving notice of the request for a hearing, the city secretary shall notify the city manager and the city attorney. The city attorney is granted discretion and authorization to file the action in any court of competent jurisdiction, or to request that the hearing be held by city council.
(b) [Abolished.] (Reserved)
(c) The relocation of a junked vehicle that is a public nuisance to another location within the city limits after the proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the second location.
(d) The city attorney shall argue and conduct the case for the city, present the city's evidence, and call the city's witnesses.
(e) At the hearing, the city has the burden of proof. The vehicle is presumed to be inoperable unless demonstrated otherwise. If a preponderance of the evidence at the hearing as found by the hearing office shows that the vehicle is a junked vehicle, the hearing office shall make a finding that the vehicle is a junked vehicle and thus constitutes a public nuisance.
(f) When the hearing office is the city council, a majority vote of a quorum present shall determine based on the evidence and arguments, the findings of the hearing.
(g) The following have a right to testify at the hearing: any owner or lienholder of the junked vehicle; any property owner/occupant; the requestor; any witness the requestor calls; and any witness called by the city attorney.
(Ord. No. 024-2020, § 1, 8-11-2020)