(A) Whenever the enforcement officer shall deem such a public nuisance to exist, he shall issue a notice to the parties hereinafter stated, and such notice shall:
(1) Be in writing;
(2) Specify the public nuisance and its location;
(3) Request the public nuisance to be abated; and
(4) Advise the party that he has ten days to abate the nuisance or to make a written demand for a hearing before the enforcement officer or else the public nuisance will be removed and abated by the city.
(B) The notice shall be sent by registered mail, return receipt requested, to the last known address of the owner of the property whereon the nuisance is located, as it appears on the current tax assessment roll. Where the owner of the property is not the occupant thereof, such notice shall be mailed also to the occupant. The enforcement officer shall coordinate his efforts to determine ownership of a junked motor vehicle with the City Police Department, and notice shall also be sent to the last registered and legal owner of record of the junked motor vehicle, unless the owner is the owner or occupant of the premises whereon the nuisance is located, and unless identification numbers are not available to determine ownership of the vehicle. If the owner, or his address, of any junked motor vehicle is not known or cannot be readily ascertained, the notice to him to abate, and his right to a hearing may be given by attaching such notice to the vehicle no less than ten days before action is to be taken. If the latter method of service is used, the enforcement officer shall make an affidavit attesting to such facts. Where a junked motor vehicle is found to be upon any public property within the city, notice to the owner of the vehicle is all that shall be required. Where a junked appliance is found on public property, no notice shall be required.
(C) In the event a hearing is demanded, such hearing shall be held within five days after the demand is made and shall be conducted by the enforcement officer, who shall hear all the facts and testimony on the condition of the junked motor vehicle or appliance, and the circumstances concerning the location. Such hearing shall not be limited by technical rules of evidence. The enforcement officer may impose such conditions and take such other action as he deems appropriate under the circumstances to carry out the purposes of §§ 92.01 through 92.08. He may delay the time for removal of the junked motor vehicle or appliance, if, in his opinion, circumstances justify it. At the conclusion of any hearing, the enforcement officer may find that a junked motor vehicle has been abandoned, wrecked, dismantled, or is inoperative on private or public property or that an appliance has been abandoned, wrecked, dismantled, is inoperative, or displayed for sale on private or public property, and order the same removed from the property as a public nuisance and order disposal of same. The order requiring removal shall include a description of the appliance or junked motor vehicle and the correct identification number and state license tag number of the junked motor vehicle, if available at the site.
(D) Any interested party may appeal the decision of the enforcement officer by appealing to any court of competent jurisdiction pursuant to the rules of civil procedure within 14 days after the decision. If no appeal is taken within the time prescribed, or immediately after a final judicial review affirming the right to remove the nuisance, the enforcement officer shall cause the junked motor vehicle or appliance to be removed and disposed of in any manner as he may provide.
(Ord. passed 8-21-72)