A. General: The Court will hold a trial to the Court on the merits of the Vehicular Public Nuisance Action if any defendant files a responsive Answer within twenty-eight (28) days from when the summons, complaint, and motion for temporary restraining order is mailed, or twenty-eight (28) days after the vehicle at issue has been closed/detained, whichever is later.
B. Required Method Of Service: The following method of service must be used when filing a responsive Answer:
1. The filing party must file a written Answer with the Municipal Court, and set a trial date with the Clerk of Court. Then, the filing party must serve a copy of the Answer and Notice of the Trial Date on the Office of the City Attorney, Prosecution Division.
2. The Court shall provide a copy of the Notice of Trial Date to the Office of the City Attorney, Prosecution Division upon the setting of any trial.
C. Scheduling: The Court shall prioritize the scheduling of a trial on the merits, and shall consider the trial to be an expedited proceeding. However, the Court may grant a continuance of the trial upon stipulation of the parties, or may grant a continuance request of either party upon a finding of good cause.
D. Burden Of Proof: At trial, the City shall have the burden of proving by a preponderance of the evidence that a vehicular public nuisance exists as alleged with the motor vehicle at issue.
E. No Defense: The fact, if it exists, that a defendant took steps to abate the vehicular public nuisance after receiving the notification prior to filing as required by City Code section 10.29.105 shall not constitute a defense. It shall only be relevant for purposes of imposing remedies if the Court finds that a vehicular public nuisance exists.
F. Order Of The Court: The Court shall issue a written order following a trial on the merits. The written order shall contain the following, where applicable:
1. Where the existence of a vehicular public nuisance is established by a preponderance of the evidence, the Court shall enter written prohibitory and mandatory injunctions requiring the defendant(s) to abate the vehicular public nuisance and take specific steps to prevent the same and other vehicular public nuisances from occurring. The Court shall order other remedies as required or permitted by City Code section 10.29.111, including a determination of the length of the closure/detention of the vehicle at issue, a civil judgment, and the relevant fees and costs to be imposed. The Court shall include a short factual finding section as part of its order.
2. Where the existence of a vehicular public nuisance is not established by a preponderance of the evidence, the Court shall enter a written order releasing the vehicle at issue and vacating the temporary restraining order. No fines, costs, impoundment or storage fees of any kind will be assessed in this instance. However, the Court shall order release of the vehicle to occur only within standard business hours for the relevant impound lot. The Court shall include a short factual finding section as part of its order. This order will also serve to close the action.
G. Failure To Appear: If the defendant(s) to an action fail to appear at the trial on the merits without notifying the Court in advance of the trial date and time, the Court shall enter an order of default judgment pursuant to City Code section 10.29.115. If the defendant(s) to an action fail to appear at the trial, but calls to notify the Court prior to the start time of the trial, the Court shall construe this as a motion to continue and shall determine whether there is good cause to continue the trial. If no good cause is shown, the Court shall enter default judgment pursuant to City Code section 10.29.115. (Ord. 23-01)