(A) Whenever the Code Enforcement Officer shall deem such a public nuisance to exist, he or she shall issue a notice to the parties hereinafter stated, and such notice shall: specify the code and its location; request the code violation to be resolved; and advise the said party it has ten days to resolve code violation or to make a written demand for a hearing before the County Property Maintenance Code Appeals Board.
(B) Notice shall be sent by first class or certified mail, to the last known address of the owner of the property whereon the nuisance is located. Where the owner of the property is not the occupant thereof, such notice shall be mailed to the occupant(s).
(C) The Code Enforcement Officer shall coordinate his or her effort to determine ownership of a junk motor vehicle, recreational vehicle, mobile home, camping type trailer, trailer or watercraft with the County Sheriffs’ Department of Property Valuation Office, notice shall also be sent to the last registered and legal owner of record of the junked motor vehicle, recreational vehicle, mobile home camping type trailer, or watercraft unless owner is the owner or occupant of the premises wherein the violation is located, and unless identification numbers are not available to determine ownership of the unit.
(D) If the owner, or his or her address, of any junked motor vehicle, recreational vehicle, mobile home, camping-type trailer, trailer or watercraft is not known or cannot be readily ascertained, the notice to abate and his or her right to a hearing may be given by attaching such notice to the unit no less than ten days before action is taken. If the latter method of notice is used, the Code Enforcement Officer shall make an affidavit attesting to such facts. Where a junked vehicle, recreational vehicle, mobile home, camping type trailer, trailer or watercraft is found to be upon any public property within the county notice to the owner of the unit is all that shall be required. Where a junked appliance is found on public property, no notice shall be required.
(E) If the owner, within the ten-day notice period of said violation denies the existence of said violation on their property. They may request in writing to have a hearing before the County Property Maintenance Code Appeals Board to determine the extent of the violation. The Director of Code Enforcement or Code Enforcement Officer may impose such conditions and take such other action, as he or she deems appropriate under the circumstances to carry out the purpose of this chapter. He or she may delay the time for removal of the junked motor vehicle, recreational vehicle, mobile home, camping type trailer, trailer or watercraft if in his or her opinion, circumstances justify it.
(F) If the County Property Maintenance Code Appeals Board makes a finding that a violation exists, said violation shall be abated within 15 days from the date of said hearing. If the violation is not abated within the allowed 15 days, the Director of Code Enforcement or his or her designee will be authorized to send employees or hire contractors upon said property to remedy the code violation. The County Code Enforcement Officer shall bring a lien against the said property for the reasonable value of labor and materials used in remedying such violation. The affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien, and regularity of the proceeding pursuant to the ordinance, and shall be recorded in the office of the County Court Clerk. The Director of Code Enforcement or Code Enforcement Officer may also bring criminal charges before the County District Court for enforcement of the penalties herein after described.
(G) Any interested party, including the County Fiscal Court, may appeal the decision of the County Property Maintenance Code Appeals Board by appealing to any court of competent jurisdiction pursuant to the rules of civil procedures within 30 days after the decision. If no appeal is taken within the time prescribed, or immediately after a final jurisdiction review affirming the right to remove the violation, the Code Enforcement Officer shall cause the junk motor vehicle, recreational vehicle, mobile home, camping type trailer, trailer or watercraft to be removed and disposed of in any manner as he may provide.
(H) The removal of the violation from the premises prior to the time for removal by the county shall be considered compliance with the provisions of this chapter and no further action shall be taken. Written permission given to the Code Enforcement Officer for the removal of said violation by the owner of the same or the owner or occupants of the premises on which it is located, shall be considered compliance with the provisions of this chapter on their part and no further action shall be taken against the ones giving permission, except for collection of towing charges or hauling cost for the removal of the violation.
(I) The provisions of this chapter shall be administered and enforced by the County Code Enforcement Office. In the enforcement of this chapter, the Code Enforcement Officer and his or her duly authorized agents, assistants, employees or contractors may enter upon private or public to examine a junked motor vehicle, recreational vehicle, mobile home, camping type trailer, trailer or watercraft to obtain information as to identify and to remove or cause removal of said violation pursuant to this chapter.
(Ord. 2000-15, passed 12-11-2000)