A. Some nuisances are of such a nature as to recur intermittently over a significant period of time, but to be interrupted or to occur in such an unpredictable schedule that such nuisances avoid abatement under existing procedures. Such a situation is particularly likely to occur where lawfully licensed and operable vehicles are parked repetitively in violation of the city codes or where such parking repetitively occurs for less than twenty four (24) hours at a time. Nonetheless, such repetitive violations are and remain a public nuisance with significant impacts on the general welfare within the neighborhood in which the violations occur.
B. It shall be the policy of the city to utilize the abatement procedures set forth in this chapter whenever possible. However, in those instances in which such efforts are unsuccessful, the applicable enforcement officer of the city shall submit, in writing, a report to the city manager summarizing the efforts of the officer or the department to enforce the applicable traffic ordinances and nuisance ordinances against the vehicle and the owner and operator thereof. A copy of the report shall be mailed to the registered owner of the personal property and real property, at the last known place of residence as shown on the registration forms; said report or accompanying letter shall specify the precise way in which the vehicle is being parked illegally and constituting a public nuisance. Thereafter, the city manager has the discretion to summarily abate the nuisance by ordering the vehicle to be impounded and towed from any location within the city wherein it is found to be parked illegally or to constitute a public nuisance. Such an order for impoundment and towing shall be effective for ninety (90) days after the issuance of this impound order by the city manager.
C. Any owner or operator in receipt of such notice may request a hearing before the city manager and shall be given an opportunity to show why the vehicle should not be impounded as a public nuisance upon its next discovery in violation of this code.
Furthermore, such owner or operator shall have the right to appeal any decision the city manager may make at such hearing to the city council for final determination. (Ord. 505, 9-2-2003)