(A) If a hearing is requested under § 96.49 of this chapter, a public hearing, to be conducted by the municipal court judge, shall be held in the municipal court of the city to determine whether a public nuisance exists.
(B) The hearing shall not be held prior to the eleventh day after the date on which the notice to abate or remove under § 96.49 of this chapter was personally delivered or mailed.
(C) At a hearing under this section, any interested person may present evidence. The municipal court judge shall consider all relevant evidence presented at the hearing to determine whether the alleged nuisance meets the definition of junked vehicle under this chapter.
(D) At a hearing under this section, the alleged nuisance is presumed to be inoperable, unless demonstrated otherwise by the owner or other interested person.
(E) If the municipal court finds that the alleged nuisance is not a junked vehicle, the municipal court judge shall make a written order that there is not cause for abatement at the time of the order. An order that there is not cause for abatement at the time of the order does not bar a future action for abatement of the same motor vehicle, aircraft, boat, or personal watercraft as a junked vehicle.
(F) If the municipal court judge finds that the alleged nuisance is a junked vehicle, the municipal court judge shall make a written order that the motor vehicle, aircraft, watercraft, or part thereof be abated or removed in accordance with the provisions of this chapter concerning junked vehicles.
(G) If the information is available at the location of the nuisance, any order requiring removal of the nuisance must include:
(1) For a motor vehicle, the vehicle’s:
(a) Description;
(b) Vehicle identification number; and
(c) License plate number;
(2) For an aircraft, the aircraft’s:
(a) Description; and
(b) Federal aircraft identification number as described by Federal Aviation Administration aircraft registration regulations in 14 C.F.R. Part 47; and
(3) For a boat or personal watercraft, the boat or personal watercraft’s:
(a) Description; and
(b) Identification number as set forth in the boat or personal watercraft’s certificate of number.
(Ord. 11-2018-96, passed 11-27-18; Am. Ord. 04-2023-30, passed 4-25-23)