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304.02 NOTIFICATION TO REMOVE.
(a) Notice to Remove. Whenever the Chief of Police ascertains that an “unlicensed or out-of-repair vehicle” is parked, stored, or left uncovered in the open upon lots and lands within the City, he shall cause written notice to be served upon the occupant of the land where the “unlicensed or out-of-repair vehicle” exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying of the existence of the “unlicensed or our-of-repair vehicle” and requesting its removal in the time specified in this chapter.
(b) Responsibility for Removal. Upon proper notice and opportunity to be heard, the owner of the “unlicensed or out-of-repair vehicle” and the owner or occupant of the private property on which the same is located, either or all of them, shall be responsible for its removal within ten days after service of notice. If the person notified fails to license, repair, cover or remove such motor vehicle within the time prescribed by this section, the City shall remove or cause to be removed such motor vehicle and dispose of the same according to Ohio R.C. 4513.61 and 4513.62. All expenses and costs of removal and/or disposal shall be charged against the owner of such motor vehicle or the owner of the lots or lands upon which such motor vehicle is parked, stored or left in the open, or both, and shall be in addition to any fine, cost or penalty for which the owner, lessee or bailee of such motor vehicle or the owner or other person having charge of such lots or lands may have become liable.
(c) Notice Procedure. If the owner or other person having charge of the lands is a nonresident whose address is known, the notice shall be sent to this address by certified mail. If the address of the owner is unknown, it shall be sufficient to publish notice once in a newspaper of general circulation in Cuyahoga County. Any police officer of the City may make service and return of the notice provided for in this section. The ten-day period as prescribed herein shall be deemed to commence from the day of the service or the date of publication, if any.
(d) Content of Notice. The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that upon failure to comply with the notice to remove, the City or its designee shall undertake such removal with the cost or removal to be levied against the owner or occupant of the property.
(e) Request for Hearing. The persons to whom the notices are directed, or their duly authorized agents may file a written request for hearing before Council or its designee within the ten day period of compliance prescribed in subsection (b) hereof for the purpose of defending the charges by the City.
(f) Procedure for Hearing. The hearing shall be held as soon as practicable after the filing of the request and the person to whom the notices are directed shall be advised of the time and place of said hearing at least three days in advance thereof. At any such hearing the City and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
(Ord. 12-1995. Passed 5-9-95.)