(A) Notice to remove.
(1) Upon failure of any owner of property within the limits of the city to remove abandoned and inoperable vehicles as required in this chapter, the city, acting through the City Manager, or his or her designee, may serve a notice on the owner, lessee, occupant or person having control of the property, notifying any of them of the existence of the nuisance and ordering the person to remove the vehicle from the property within five days of service of notice, and informing the person of the time and place of the appeal to the Administrative Hearing Office. The notice shall be served by:
(a) Personally serving the notice on the owner, lessee, occupant or person having control of the property;
(b) Mailing the notice to the last known address of the owner, lessee, occupant or person having control of the property by certified mail; or
(c) Posting the notice on the vehicle or on the property on which the abandoned, wrecked, dismantled, rusted, junked or inoperable motor vehicle is found.
(2) Service of notice by any of the methods listed in this division shall be due notice within the meaning of this section; provided, however, that no owner out of possession shall be liable to the penalty set forth in § 13-401 unless there is personal service or the notice was mailed by certified mail. If the person upon whom the notice to remove was served fails either to remove the vehicle from the property within five days of service of the notice or to appeal to the Administrative Hearing Office within the time provided to appeal, the city may remedy the condition and abate the nuisance by taking into custody the abandoned or inoperable vehicle.
(B) Appeal of order to remove. The owner, lessee, occupant or person having control of the property who is aggrieved by the determination of the order of the City Manager, or his or designee, may appeal to the Administrative Hearing Office by appearing before the Administrative Hearing Officer at the time and place stated in the notice. The Administrative Hearing Officer shall hear and determine the appeal in accordance with § 12-1101 of this municipal code. A person who is aggrieved by a final decision is entitled to judicial review pursuant to T.C.A. § 6-54-1017, which shall be the only available method of judicial review. If the owner or other person described shall fail to remedy the conditions within the time prescribed, the city may remedy the condition and abate the nuisance by taking into custody the abandoned or inoperable vehicle.
(C) Vehicles on private property without consent of property owner. If a motor vehicle has remained on private property without the consent of the owner or person in control of the property for more than 48 hours, the city may remove the motor vehicle and dispose of it according to the procedure set forth in this chapter.
(1989 Code, § 13-404) (Ord. 1006, passed 9-9-2003; Ord. 1486, passed 7-9-2015)