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(A) Upon the timely request for a hearing by any person to whom a notice was given regarding a nuisance vehicle, a public hearing will be held before the Municipal Court judge. Notice of the time, date and location of the hearing will be provided to each person who submitted a timely request for a hearing.
(B) The issue at the hearing is whether the vehicle is a nuisance vehicle. The judge will determine the issued based upon a preponderance of the evidence.
(C) At the hearing, unless proved otherwise, the vehicle is presumed to be inoperable.
(D) If the judge finds the vehicle to be a nuisance vehicle, the judge will order the vehicle to be removed.
(E) Any order requiring the removal of a nuisance vehicle or vehicle part must include a description of the vehicle and the vehicle identification number and license plate number, if the information is available at the site.
(Ord. 2011-01-01, passed 2-1-2011)
(A) The city may remove a nuisance vehicle at any time following a public hearing and order of the judge or following the waiver of a hearing.
(B) A nuisance vehicle or vehicle part will be disposed of by the city by removal to a scrap yard, demolisher or any suitable site operable by the city for processing as scrap or salvage.
(C) If the City Council determines that commercial channels of disposition are not available or are inadequate, the city may operate its own disposal site and make final disposition of nuisance vehicles or vehicle parts at the disposal site, or the city may transfer the vehicles or vehicle parts to another disposal site if the disposal is only as scrap or salvage.
(Ord. 2011-01-01, passed 2-1-2011)
The city may direct the City Attorney to bring a civil action in a court of competent jurisdiction to enforce the provisions of this subchapter. Additionally, the city shall be entitled to recover its reasonable attorney's fees and expenses if the city is the prevailing party in a civil action involving any violation of this subchapter.
(Ord. 2011-01-01, passed 2-1-2011)
SUBSTANDARD STRUCTURES
All buildings or structures which are unsafe, unsanitary, unfit for human habitation, not provided with adequate egress, or which constitute a fire hazard, otherwise dangerous to human life or which constitute a hazard to the safety, health or welfare of the public, by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment, are considered unsafe buildings. All buildings in violation of the International Property Maintenance Code, as amended, shall constitute prima facia evidence that the building or structure is unsafe. All such unsafe buildings in the city limit and extra territorial jurisdiction are hereby declared a public nuisance and illegal and shall be abated by repair, rehabilitation or by demolition.
(Ord. 2017-07-02, passed 2-7-2017)
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