(A) When an enforcement officer shall find an item of abandoned property or an accumulation of building materials on public premises within the village, he or she shall cause a notice to be placed upon such item or in the immediate vicinity of several such items in substantially the following form.
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location), and in violation of (insert the appropriate section of the Chapter of Code of the Village of Holly) and must be removed within days from the date of this notice; otherwise, it shall be presumed to be abandoned property and will be stored and otherwise disposed of by an order of the village. Dated this (setting forth date of posting of notice) Signed (setting forth title, business address and business telephone number of enforcement officer.) |
(B) (1) Such notice shall not be less than eight inches by ten inches and shall be sufficiently weather-proof to withstand normal exposure to the elements.
(2) In addition to posting, the enforcement officer, shall make reasonable efforts to ascertain the name and address of the owner of the item or items; and if such is reasonably available to the enforcement officer, he or she shall mail a copy of such notice to the owner on or before the date of posting.
(C) (1) If, at the expiration of the time stated in such notice, the owner or any person interested in the abandoned item or items described in such notice has not removed them from the public premises, the enforcement officer may cause the item or items of abandoned property to be removed, stored, and/or otherwise disposed of, and the salvage value, if any, of such item or items shall be retained by the village, to be applied against the cost of disposal thereof in the event the salvage proceeds exceed the cost of disposal of the abandoned property, such excess shall be held for a period of six months for the benefit of the former owner of the property, upon proof of such ownership within six months of such disposal of the property.
(2) If after six months, such excess has not been properly claimed, it shall be applied to the General Fund of the village.
(D) Nothing in this section shall prevent the summary removal of any property from public premises in order to alleviate emergency conditions.
(1984 Code, 3-09-240) (Ord. 127, passed 7-27-1982) Penalty, see § 92.999