If notice is proper and if a hearing was not requested, the city manager or any person authorized to abate a junked vehicle nuisance may authorize any person to remove the nuisance.
(a) The hearing office that makes a finding of a junked vehicle shall issue a resolution or order which shall include all of the following:
(1) Declare the vehicle or vehicle part to be a junked vehicle and public nuisance, and order its abatement and removal;
(2) Designate a person to identify the junked vehicle and transmit the information regarding the junked vehicle and its removal to the Department of Public Safety, the Department of Motor Vehicles, or the Federal Aviation Administration, as applicable, not later than the fifth day after the date of removal; and
(3) Prohibit the junked vehicle from being reconstructed or made operable after removal, and order that it shall be demolished and disposed of as scrap or salvage.
(4) If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance shall include:
a. For a motor vehicle, the vehicle's:
(i) Description;
(ii) Vehicle identification number; and
(iii) License plate number;
b. For an aircraft, the aircraft's:
(i) Description; and
(ii) Federal Aircraft Identification Number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; and
c. For a watercraft, the watercraft's:
(i) Description; and
(ii) Identification number as set forth in the watercraft's certificate of number.
(5) Any owner, lienholder, or owner/occupant may appeal the determination to any court of competent jurisdiction. Such an appeal must be filed within ten days.
(b) If a hearing was requested, the vehicle was determined to be a junked vehicle by the hearing office, and the filing deadline for an appeal has passed, the city may abate and remove the nuisance.
(c) While an appeal is pending, the city shall not abate or remove the nuisance.
(d) A court of the municipality or county may issue necessary orders to enforce these procedures.
(Ord. No. 024-2020, § 1, 8-11-2020)