(a) Upon determination by the Health and Safety Committee, that a nuisance, as defined herein exists in the Town of Eleanor, the Mayor shall give or cause to be given to the person maintaining or suspected of maintaining such nuisance, in writing, a ten (10) day notice, stating the nature of the public nuisance and that it must be removed and abated within said ten (10) day period, such notice to be mailed, by certified or registered mail, with a five (5) day return requested to:
(1) The last known registered owner of the nuisance;
(2) Each lien holder of record of the nuisance; and
(3) The owner or occupant of:
A. The property on which the nuisance is located; or
B. If the nuisance is located on a public right-of-way, the property adjacent to the right-of-way.
(b) The notice must state that:
(1) The nuisance must be abated and removed not later than the tenth (10th) day after the date on which the notice was mailed; and
(2) Any request for a hearing must be made before that ten (10) day period expires.
(c) If the post office address of the last known registered owner of the nuisance is unknown, notice may be placed on the nuisance or, if the owner is located, hand delivered.
(d) If notice is returned undelivered, action to abate the nuisance shall be continued to a date not earlier than the eleventh (11th) day after the date of the return.
(e) A public hearing shall be held prior to the removal of the vehicle or the part thereof as a public nuisance, the same should be held before the Municipal Judge of the Town of Eleanor, when such hearing is requested by the owner or occupant of the premises on which said vehicle is located, within (10) days after service of notice to abate the nuisance. Should the owner or occupant of the premises on which said vehicle is located fail to request a hearing, a public hearing shall be conducted in absentia before the Municipal Court Judge who shall determine if the vehicle or vehicle part is a nuisance. At a hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicle's;
(1) Description;
(2) Vehicle identification number; and
(3) License plate number.
(Ord. 11-02. Passed 2-17-11.)