A. Abatement Authorized: The procedures in this chapter are hereby adopted to authorize the abatement and removal of junked automobiles from private or public property. (1991 Code § 13-76)
B. Notice To Abate; Request For Hearing:
1. Written notice to abate a nuisance under this chapter shall be either personally served or mailed by certified mail with a five (5) day return requested, by a City employee of the office of the City inspector or the Police Department, to the last known registered owner of the junked automobile, any lien holder of record and the owner or occupant of the private or public premises on which the junked automobile is located, or to the owner or occupant of the premises adjacent to the public right- of-way if the junked motor vehicle is located upon a public right-of-way. Such notice shall state the nature of the junked automobile, or part thereof, that it must be removed and abated within ten (10) days, and that a request for a hearing must be made in writing and received by the City Clerk before the expiration of the ten (10) day period ("request for hearing").
2. The request for hearing must include a correct name and address of the person requesting a hearing. If any notice is returned undelivered by the United States Post Office, official action to abate and remove the junked automobile shall be continued to a date not less than ten (10) days after the date of the return. (1991 Code § 13-77)
C. Public Hearing:
1. A public hearing shall be held by the City Manager after notice has been given pursuant to this chapter to determine whether an abandoned vehicle shall be removed from the public right-of-way or private property, as defined herein. A determination shall be made as to the benefit and welfare of the public and the community. The City Manager shall consider whether:
a. Noncompliance is detrimental to the safety and welfare of the general public;
b. Noncompliance tends to reduce the value of private property;
c. Noncompliance invites vandalism;
d. Noncompliance creates fire hazards;
e. Noncompliance constitutes an attractive nuisance, creating a hazard to the health and safety of minors; or
f. Noncompliance is detrimental to the economic welfare of the City by producing urban blight which is adverse to the maintenance and continuing development of the City; and
g. Noncompliance is a public nuisance.
2. The City Manager shall conduct the hearing; and adherence to the strict rules of evidence shall not apply.
3. The hearing shall be held no sooner than ten (10) days after the date of receipt of the request for hearing or ten (10) days after the return of an undelivered notice, whichever occurs later. All persons requesting a hearing shall be given written notice, by personal delivery or by regular first class mail, of the time and place of the hearing. The notice of hearing shall be mailed or delivered at least five (5) days prior to the hearing. (1991 Code § 13-78)
D. Order To Abate: If, after the hearing under this chapter, the City Manager finds that a junked automobile, or part thereof, is located on private or public property where it is visible from a public place or is located on a public right-of-way, the City Manager may order the removal of the junked automobile, or part thereof. The order shall include a description of the junked automobile, or part thereof, and the correct identification number and license number of the junked automobile if the information is available at the site. (1991 Code § 13-79)