A. Notice To Remove: Whenever it comes to the attention of the mayor or his designee that any nuisance as defined in section 4-5-2 of this chapter exists in the city, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal within the time specified in this chapter. (1987 Code § 8-403)
B. Responsibility For Removal: Upon proper notice and opportunity to be heard, the owner of the junked motor vehicle and the owner or occupant of the private property upon which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the city, the owner or occupant of the private property where the junked motor vehicle is located shall be liable for the expenses incurred. (1987 Code § 8-404)
C. Removal From Property:
1. If the violation described in the notice has not been remedied within the ten (10) day period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the city council, the chief of police or his designee has the right to take possession of the junked motor vehicle and remove it from the premises. It is unlawful for any person to interfere with, hinder, or refuse to allow such person to enter upon private property for the purpose of removing a vehicle under the provisions of this chapter. (1987 Code § 8-409; amd. 2004 Code)
2. The city shall continue to prosecute criminal charges on a daily basis for failure to abate the nuisance or shall have the right to take possession of the junked motor vehicle and remove it from the premises. (1987 Code § 8-409)
3. Within forty eight (48) hours of the removal of such vehicle, the chief of police or his agent shall give notice to the registered owner of the vehicle, if known, and also to the owner or occupant of the private property from which the vehicle was removed, that the vehicle or vehicles have been impounded and stored for violation of this chapter. The notice shall give the location of where the vehicle or vehicles are stored, and the costs incurred by the city for removal. (1987 Code § 8-410)
D. Impounding: The chief of police or other appropriate official, or any member of his department designated by him, is hereby authorized to remove or have removed any vehicle left at any place within the city, which reasonably appears to be in violation of this chapter, or lost, stolen or unclaimed. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with the applicable ordinances. (1987 Code § 8-414)