(a) Whenever the Enforcement Officer shall find junk property, litter and/or abandoned property or building materials on private premises within the City in violation of this chapter, he or she shall cause a notice to be placed on the premises in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THESE PREMISES: The junk property, litter/building material(s) to wit: (setting forth a brief description of the location) is improperly stored in violation of Section of Chapter of the Code of the City of Flint. Within two business days, unless the property owner makes a request to the Chief Administrative Officer based on good cause for an extension of time up to five additional days, if this junk property is not removed or a request for a hearing has not been filed with the Chief Administrative Officer, upon the applicability of the above ordinance to the condition of these premises, it shall be deemed a violation and the junk property, litter/building materials will be stored and/or otherwise disposed of by order of the City of Flint.
Except as otherwise provided by law, costs of such removal, storage and/or other disposition will be charged to these premises.
Dated this
(setting forth date of posting of notice)
Signed (setting forth name, title, business address and telephone number of the Enforcement Officer).
(b) The notice shall be not less than five inches by eight inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the Enforcement Officer shall mail a copy of the notice to the owner of the real property upon which the junk property, litter/building material(s) is (are) located, as shown by the records of the City Assessor, on or before the date of posting of the notice and to the owner of the article or articles, if ownership can reasonably be ascertained.
(c) If at the expiration of the time stated in the notice the owner or any person interested in the premises described in the notice has not corrected or abated the condition of the premises or requested a hearing on the applicability of this Code provision to the condition, the Enforcement Officer may cause the abatement of the condition. If the junk property, litter and/or building materials has or have salvage value, the Enforcement Officer may sell the junk property, litter or building materials and the salvage value, if any, from the sale shall be retained by the City of Flint to be applied against the abatement. If the proceeds from the salvage of the junk property, litter and/or building materials be less than the costs, the deficiency shall be charged against the premises. In the event the salvage proceeds exceed the costs, any excess shall be held for a period of 30 days for the benefit of the former owner of the property sold and, upon proof of ownership within 30 days after the sale of the property, the excess shall be paid to the former owner. If after 30 days, the excess has not been properly claimed, it shall be applied to the general fund of the City of Flint.
(d) If a hearing is requested within the time limits stated in the notice by the owner of the private premises or a person claiming an interest in personal property thereon, the Chief Administrative Officer shall appoint a hearing officer to conduct a public hearing in order for the person requesting the hearing to show cause why he or she should not be required to remove the property in question or the City of Flint should not dispose of the property.
(e) The hearing procedures shall be those established by the Chief Administrative Officer.
(Ord. 2624-B, passed 4-10-1978; Ord. 2672, passed 10-23-1978; Ord. 3206, passed 6-8-1992; Ord. 3389, passed 11-23-1998; Ord. 3529, passed 5-5-2004)