A. Notice To Abate: Whenever any village officer determines that a nuisance, as declared in this chapter, exists, the village officer shall cause a written notice to abate to be served upon the person who is causing, permitting or allowing the nuisance to exist. Said notice shall describe the inoperable motor vehicle or motor vehicle not regularly used, and give the person served seven (7) days from the date of service of the notice to either abate the nuisance or to request a hearing on the question of whether the described motor vehicle is an inoperable motor vehicle or motor vehicle not regularly used, within the meaning of this chapter. Such notice shall be by means of personal service or by certified or registered mail. Personal service shall be by any police officer or any person authorized by law to make personal service.
B. Failure To Abate: If the person served with the written notice to abate fails to request a hearing within the seven (7) day period, it shall be presumed that the motor vehicle is an inoperable motor vehicle or motor vehicle not regularly used, and authorized officials of the village may proceed to abate the nuisance in the manner provided in this section or permitted by law.
C. Hearing:
1. If the person served with the written notice to abate requests a hearing within the seven (7) day period, the chair of the village planning commission shall act as a hearing officer and shall schedule and conduct a hearing within thirty (30) days after receipt of the request for a hearing.
2. Reasonable notice of the hearing shall be given to the person requesting the hearing.
3. During any such hearing, any person interested in the described inoperable motor vehicle or motor vehicle not regularly used and any representative of the village may call witnesses and present evidence concerning the motor vehicle. Any party to the hearing may be represented by legal counsel at the expense of such party.
4. The hearing officer shall, within seven (7) days following the hearing, make written findings of fact regarding the motor vehicle and determine whether or not the motor vehicle constitutes an inoperable motor vehicle or motor vehicle not regularly used within the meaning of this chapter. Such findings of fact and determination shall be served in the same manner as prescribed in this section for service of a notice to abate.
5. If the hearing officer determines that the vehicle is an inoperable motor vehicle or motor vehicle not regularly used, then the notice to abate shall become effective from and after the date such determination is served on the person who requested the hearing.
D. Abatement By Village: Whenever any person causes, permits or allows such a nuisance to continue or exist after the expiration of seven (7) days from the service of the notice to abate, or effective date of the notice to abate if a hearing has been conducted as provided in this section, the village may, at its option, cause the abatement of the nuisance specified in this chapter as permitted by law. However, if the nuisance is located on property other than the public right of way or property in the possession or control of the village, the village shall, before abating the nuisance, obtain the consent of the person served with the notice to abate or an order from the Woodford County circuit court or any other court of competent jurisdiction authorizing the abatement of the nuisance. Nothing in this subsection shall be construed as imposing upon the village a duty to abate the nuisance specified in this chapter. The action authorized by this subsection shall be in addition to and without waiver of any other remedies. (Ord. 695, 3-22-2012)