(A) Whenever the enforcement officer shall find an item or items of abandoned property or building materials on private premises within the village in violation of this subchapter, 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 a brief description) located at (setting forth brief description of the location) is improperly stored in violation of(insert the appropriate section of the Chapter of Code of the Village of Holly) and constitutes a nuisance. Unless this situation is corrected within days from the date of this notice, the village will take further actions to have the nuisance abated, which actions may include any or all of the following: 1. Charging the owner or other party responsible with a misdemeanor, which carries a punishment of 90 days in jail and/or a fine in the amount of $500; 2. Commencement of proceedings to have the nuisance abated by the village with the cost of such action being charged as a lien against the property; and 3. Commencement of other legal proceedings as may be appropriate. Dated this (setting forth date of posting of notice) Signed (setting forth name, title, business address, and telephone number of the 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 mail a copy of the notice to the owner of the real property upon which the abandoned item or items are located, as shown by the records of the assessor, on or before the date of posting of such notice and to the owner of the article or articles, if ownership can reasonably be ascertained.
(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 the item or items and complied with the ordinance provisions cited in the notice or requested a hearing on the applicability of this subchapter provision to the property in question, the enforcement officer may cause the item or items of abandoned property or building materials to be disposed of, and the salvage value, if any, of such item shall be detained by the village to be applied against the cost of disposal of such abandoned property.
(2) If the proceeds from the salvage of the property be less than such costs, the deficiency shall be charged against the premises from which the abandoned property was removed in the manner herein prescribed. In the event the salvage proceeds exceed said costs, any such excess shall be held for a period of six months after such disposal of the property.
(3) If, after six months such excess has not been properly claimed, it shall be applied to the General Fund of the village.
(D) If a hearing is requested within the time limits stated in such notice by the owner of the private premises or a person claiming an interest in personal property thereon, the Village Manager shall establish and conduct a public hearing in order for the person requesting the hearing to show cause why he or she should not remove the property in question or the village should not dispose of said property.
(E) The hearing procedures shall be those established by the Village Manager.
(1984 Code, § 3-09-260) (Ord. 127, passed 7-27-1982; Ord. 179, passed 1-10-1989) Penalty, see § 92.999