(a) Whenever such public nuisance as described in § 95.10 exists on public property within the city, the Chief of Police or other designated official enforcing this chapter shall order the owner of the premises, or the occupant of the premises if in possession thereof, to abate or remove the same. Such order shall:
(1) Be in writing;
(2) Specify the public nuisance and its location;
(3) Specify the corrective measure required:
(4) Provide for compliance within ten (10) days from service thereof; and
(5) Inform the owner or occupant of his right to a hearing before the City Council if notice of a demand for hearing is given in writing within ten (10) days of the issuance of the order.
(b) Such order shall be served upon the owner of the vehicle and any lien holder of record thereof by sending said order by certified United States mail with a five day return receipt requested to the address listed on the certificate of title of the offending vehicle, and the address of any lien holder.
(c) If the owner of the offending vehicle fails and refuses to comply with the notice stating the order of the Chief of Police or other designated official within ten (10) days after service thereof, the Chief of Police or other designated official shall take possession of said junked motor vehicle and remove it from the premises.
(d) If the notice is returned undelivered by the United States Postal Service, official action to abate said nuisance shall be continued to a date not less than ten (10) days from the date of such return.
(e) The Chief of Police or other designated official shall thereafter dispose of said junked motor vehicle in such a manner as the City Council may provide.
(f) The owner of said vehicle may, within said ten (10) day period after service of notice to abate the nuisance, request of the Chief of Police or other designated official, either in person or writing and without the requirement of bond, that a date and time be set when he may appear before the municipal judge for a hearing to determine whether he is in violation of this chapter.
(g) If a request is made under the provisions of subsection (f) above, no action to remove said vehicle shall be taken pending the hearing.
(h) Nothing in this section shall affect laws that permit immediate removal of a vehicle left on public property which constitutes an obstruction to traffic.
(Am. Ord. 8-2005-1, passed 8-2-05)