(A) Except as set forth in § 95.31 of this chapter, an abandoned, nuisance or junked vehicle that is to be removed shall be towed only after notice to the registered owner or any person entitled to possession of the vehicle that can reasonably be identified. Notice shall be given by affixing a notice on the windshield or some other conspicuous place on the vehicle. The notice shall state that the vehicle will be removed by the city on a specified date, no sooner than 15 days after the notice is affixed or mailed, unless the vehicle is moved to a garage or other appropriate enclosed storage place or depository by the owner or legal possessor prior to that time. In the case of a nuisance vehicle or a junked motor vehicle, if the names and mailing addresses of the registered owner or person entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located can be ascertained in the exercise of reasonable diligence, the notice shall be given by first class mail to both the owner of the vehicle and the land owner where the vehicle is located, in the event that can reasonably be ascertained. The person who mails the notice shall retain a written record to show the name and address to which the notice was mailed and the date mailed.
(B) With respect to abandoned vehicles on private property, nuisance vehicles and junked motor vehicles for which notice has been given, if the registered owner or person entitled to possession does not remove the vehicle, but chooses to appeal the determination that the vehicle is abandoned, a nuisance vehicle or in the case of a junked motor vehicle that the aesthetic benefits of retaining the vehicle outweigh the burdens of removal, such appeal shall be made to the Board of Zoning Adjustments in writing prior to the applicable date of abatement and heard at the next regularly scheduled meeting of the Board of Zoning Adjustments. Any further proceedings to remove the vehicle shall be stayed until the appeal is heard and decided.
(C) It shall be unlawful for the registered owner and or any persons entitled to possession of a motor vehicle that can reasonably be identified, or for the owner, lessee, or occupant of the real property upon which the vehicle is located to just relocate the abandoned, nuisance or junked motor vehicle to another portion of the same property, another real property location in the city, or section of right-of-way. The owner or persons entitled to the possession of the vehicle, or the owner, lessee, or occupant of the real property upon which the vehicle is located shall correct the abandoned, nuisance or junked vehicle violation by: 1) obtaining the written consent of the owner/occupant or lessee thereof to keep the vehicle at the location, if the vehicle is classified as abandoned; 2) correcting the health and safety hazards as defined in § 95.26 if classified as a nuisance vehicle; or 3) permanently relocating the vehicle to an enclosed building or an appropriate storage place or depository maintained in a lawful place and manner (i.e. automobile junkyard).
(2005 Code, § 42-50) (Ord. passed 5-3-1999; Ord. 02071, passed 7-15-2002; Ord. 2015-11-01, passed 11-9-2015)