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Whenever it comes to the attention of the Board of Mayor and Aldermen that any nuisance as defined in § 93.03 exists in the Town of Collierville, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his or her agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter.
(`83 Code, § 9-904)
Upon proper notice and opportunity to be heard, the owner of the abandoned, wrecked, dismantled or inoperative vehicle and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the Town, the owner or occupant of the private property where same is located shall be liable for the expenses incurred.
(`83 Code, § 9-905)
The Chief of Police of the Town shall give notice of removal to the owner or occupant of the private property where it is located, at least ten days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent registered mail to the owner or occupant of the private property at his or her last known address.
(`83 Code, § 9-906)
The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that upon failure to comply with the notice to remove, the Town or its designee shall undertake such removal with the cost or removal to be levied against the owner or occupant of the property.
(`83 Code, § 9-907)
The persons to whom the notices are directed or their duly authorized agents may file a written request for hearing before the Town of Collierville or its designee within the ten day period of compliance prescribed in § 93.22 for the purpose of defending the charges by the Town.
(`83 Code, § 9-908)
The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of said hearing at least three days in advance thereof. At any such hearing, the Town and the persons whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
(`83 Code, § 9-909)
If the violation described in the notice has not been remedied within the ten day period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had and the existence of the violation is affirmed by the Town of Collierville, or its designee, the Chief of Police or his or her designee shall have the right to take possession of the junked motor vehicle and remove it from the premises. It shall be unlawful for any person to interfere with, hinder or refuse to allow such person or persons to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter.
(`83 Code, § 9-910) Penalty, see § 93.99
Within 48 hours of the removal of such vehicle, the Chief of Police shall give notice to the registered owner of the vehicle or vehicles, if known, and also to the owner or occupant of the private property from which the vehicle was removed that the vehicle or vehicles has been impounded and stored for violation of this chapter. The notice shall give the location of where the vehicle or vehicles is stored and the costs incurred by the Town for removal.
(`83 Code, § 9-911)
Upon removing a vehicle under the provisions of § 93.26, the Town shall, after ten days, cause it to be appraised. If the vehicle is appraised at $75 or less, the Chief of Police shall execute an affidavit so attesting and describing the vehicle, including the license plate, if any, and stating the location and appraised value of the vehicle. The Chief of Police, after complying with the above, may summarily dispose of the vehicle and execute a certificate of sale. If the vehicle is appraised over $75, the Chief of Police shall give notice of public sale not less than seven days before the date of the proposed sale in a newspaper of general circulation.
(`93 Code, § 9-912)
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