(a) If a response opposing abatement is timely filed and served with the city attorney, then the city attorney shall file a petition for nuisance and abatement with the appropriate court within 10 days of the receipt of the response.
(b) The city attorney shall request a hearing date and send notice to the legal or registered owner and any lienholder of record.
(c) The court filing fee established by the court, not to exceed $50, shall be paid by the claimant made payable to the city, but shall be reimbursed by the city if the claimant prevails.
(d) The filing of a response opposing abatement within the time limit specified in this section is considered a jurisdictional prerequisite for initiating a nuisance and abatement proceeding. A proceeding in the civil case is a limited civil case. The city attorney shall have the burden of proof that the vehicle constituted a nuisance pursuant to this chapter by a preponderance of the evidence. All questions that may arise must be decided by the court and all other proceedings must be conducted as in an ordinary civil action. A judgment of abatement does not require as a condition precedent the conviction of a defendant for the current violation which gave rise to the nuisance and caused these abatement proceedings to be initiated. (Ord. 31540)