(A) Not less than ten-day notice of intention to abate and remove an alleged abandoned, wrecked, inoperable or dismantled vehicle or part thereof shall be issued to the owner of the vehicle and, if applicable, to the property owner where the vehicle is located, unless the property owner and the owner of the vehicle have signed releases authorizing the removal and waiving further interest in the vehicle, or part thereof. Such notice shall contain a statement of the hearing rights of the owner of the property upon which the vehicle is located and the owner of the vehicle, including notice that the property owner may appear in person at a hearing or may submit a sworn written statement denying responsibility for the presence of the vehicle on the land, with his or her reasons for such denial, in lieu of appearing. The notice of intention shall be mailed by registered or certified mail to the owner of the land, as shown on the last equalized assessment roll, and to the last registered and legal owners of record, unless the vehicle is in such condition that identification numbers are not available to determine ownership. Upon the request of the owner of the vehicle or the owner of the land where the vehicle is located, the Police Chief or his or her designee shall hold a public hearing upon such abatement; provided, however, such request shall be made to the Police Chief or his or her designee within ten calendar days after the mailing of the notice of intention to abate and remove. Submission of the owners of the land of the above-mentioned statement denying responsibility within such period shall be construed as a request for such hearing which does not require the presence of the owner submitting such request.
(B) A notice of intention to abate shall not be required if all of the following conditions are satisfied:
(1) The vehicle or part thereof is inoperable due to the absence of a motor, transmission, or wheels and is incapable of being towed;
(2) The vehicle or part thereof is valued at less than $200 by the Police Chief or his or her designee;
(3) The vehicle or part thereof is determined by the city to be a public nuisance presenting an immediate threat to public health or safety;
(4) The property owner has signed a release authorizing the removal and waiving further interest in the vehicle or part thereof; and
(5) The vehicle is located upon a parcel that is either zoned for agricultural use or is not improved with a residential structure containing one or more dwelling units.
(C) If a vehicle is removed pursuant to subsection (B) above, prior to final disposition of the vehicle, the registered or legal owner of the vehicle shall be notified of the intent to dispose of the vehicle or parts thereof. If the vehicle or part thereof is not claimed and removed from the scrapyard, automobile dismantler's yard or public disposal area within 12 days after the notice to dispose of the vehicle is mailed, final disposition may proceed.
('61 Code, § 4-8.08) (Ord. 186 C.S., passed 8-2-72; Am. Ord. 271 C.S., passed 7-20-77; Am. Ord. 716 C.S., passed 3-15-00; Am. Ord. 782 C.S., passed 7-6-05)