7.20.025 Notice to remove; notice procedure.
   A.   Unless immediate action in removing an abandoned or junked vehicle is necessary for the protection of the health, safety or welfare of the public, a written notice to remove as prescribed in § 7.20.030 shall be served upon any owner and lienholder of record and any person known to be lawfully entitled to possession of the abandoned or junked vehicle, and upon the owner and occupant of the land where the vehicle is located, before the vehicle may be removed by the city as specified in this chapter. If immediate action is required under this section and an opportunity for a hearing cannot be afforded prior to removal of the vehicle, the vehicle may be removed pursuant to § 7.20.040 and a written notice of removal shall be given as prescribed in § 7.20.045.
   B.   The chief of police or his designee shall give notice to remove to any owner and lienholder of record and any person known to be lawfully entitled to possession of the vehicle, and to the owner or occupant of the private property where the vehicle is located, at least 10 days before the time of removal. Notice shall e given either by personal delivery or by registered or certified mail, return receipt requested, to any owner and lienholder of record and any person known to be lawfully entitled to possession of the vehicle, and to the owner or occupant of the private property at his last known address. If the name and address of the owner and lienholder of the vehicle cannot be ascertained, it shall constitute sufficient notice when a copy of same is affixed to the vehilce and duplicate copies are served either personally or by certified or registered mail, return receipt requested, on the owner or occupant of the private property on which the vehicle is located.
   C.   The giving of notice by mail is considered complete upon return of the receipt or upon return of the notice as undeliverable, refused or unclaimed. Proof of the giving of notice in either manner may be made by the affidavit of the person giving the notice by personal delivery or by mail, naming the person to whom notice was given and specifying the time, place and manner of giving the notice.
(Ord. 95-13 § 1, 1995)