(a) Prior to impoundment of a vehicle or vehicle parts under these sections, the City or real property owner, if the vehicle or parts are on the real property without the consent of the owner of the real property, shall mail, within five (5) business days, by ordinary U.S. Mail to (a) the last known address of the current registered owner of said vehicle, as recorded in the records of the Registrar of Motor Vehicles or Deputy Registrar, and (b) the occupant or owner of the real property where the vehicle is located, a notice to remove said vehicle(s) or vehicle parts and of intent to impound said vehicle or vehicle parts if it is not removed within ten days of the mailing said notice. In the event the foregoing persons cannot be found after reasonable diligence and effort, a notice may be posted in a conspicuous place on the motor vehicle or vehicle parts for a period of at least ten (10) days. The notice of intent to impound shall contain:
(1) Reasonable identification of the vehicle or parts to be impounded;
(2) The reason(s) for the possible impoundment;
(3) The date and time of a hearing before the Safety Director of the City of Kent or his/her designee, where the owner of the vehicle or vehicle parts may present reasons as to why the vehicle should not be towed.
A. The hearing date shall be after 5 days of the date of mailing the notice, but within 17 days of the date of mailing of the notice. If notice is posted on building and/or vehicle, the hearing shall be scheduled after 10 days but before 17 days from the date of notice.
(4) The name(s), address, and phone number of a person or person(s) to contact for details of the proposed impoundment.
(b) Upon notice as set forth in subsection (a) hereof, the owner or occupant of the property where the motor vehicle or vehicle parts is stored or the owner of the vehicle or vehicle parts, or his/her agent, either or all of them, shall be responsible for removing the motor vehicle or vehicle parts from the real property.
(c) The written notice may be sent by the Health Department of the Municipality in all cases where a health hazard exists or any develop.
(d) At the hearing described in Section 356.09(a)(3), the Safety Director or his/her designee shall rule whether the motor vehicle or parts is:
(2) An unused motor vehicle under Section 356.05, or
(3) An abandoned junk motor vehicle and/or vehicle parts under Section 356.06, or
(4) A junk motor vehicle or junk motor vehicle parts under Section 356.07, or
(5) Junk motor vehicles or parts under Section 356.08.
(e) The decision rended by the Safety Director or designee is considered an Administration decision and is appealable according to the laws of Ohio.
(f) After the hearing provided in Section 356.09(a)(3), if the Safety Director or his/her designee finds the vehicle or vehicle parts to be a trespassing vehicle under Sections 356.03 and/or 356.04; and/or an unused vehicle under Section 356.05; and/or an abandoned junk motor vehicle or vehicle parts under Section 356.06; and/or a junk motor vehicle or parts under Section 356.07; and/or junk motor vehicle or parts under Section 356.08, and finds that the owner or person having control over said motor vehicle and/or vehicle parts has not removed or properly stored the vehicle or parts, the vehicle and/or parts may be removed from said real property pursuant to Section 356.09 (g).
(g) Removal of motor vehicles or vehicle parts under this Chapter shall be performed by the Chief of Police or his/her designee and he/she shall take whatever enforcement action is necessary. The Chief shall designate a Police Officer(s), a designated representative or tow operator to enter upon private property to remove the abandoned junk motor vehicle or vehicle parts. It shall be unlawful for any person(s) to interfere with any Police Officer(s) or agent of the Police Department or the tow operator so designated by the Chief to enter upon private property for the purpose or removing the abandoned junk motor vehicle or vehicle parts under the provisions contained herein.
(h) The removal of a vehicle parked on private or public property as provided in Chapter 356
, shall be at the risk of the person who is the owner, lessees or person in possession of such vehicle, and there shall be no liability on the part of the City or the members of the Police Department for any damage caused by such removal, nor shall there be any liability upon the person who is the owner, lessees or occupant of the private property upon which such vehicle is parked prior to removal or the tow operator, except for willful and wanton misconduct.