523.03 DETERMINATION OF ABANDONED JUNK VEHICLE STATUS; NOTICE.

   (a)   Any motor vehicle which meets the requirements of Section 523.01(c) shall be deemed an abandoned junk motor vehicle following the issuance and service of written notice and order to remove such motor vehicle upon the last known owner of the motor vehicle and, if applicable, upon the owner of the private property upon which the motor vehicle is found. The Chief of Police shall cause a search to be made of the State's records of titles to motor vehicles and the title holder to such motor vehicle as reflected in such records shall be deemed to be the owner of the motor vehicle. In the event such search reveals a lienholder or lienholders against such motor vehicle, such lienholder or lienholders shall be issued the notice and order required by this section.

   (b)   The notice required by subsection (a) above shall be in writing and shall contain the following:

      (1)   The name and last known address, as reflected in the State records, of the owner of the motor vehicle and any lien holder;

      (2)   A description of the motor vehicle, with reasonable specificity including the make, model and year;

      (3)   The current location of the motor vehicle;

      (4)   The current condition of the motor vehicle together with a statement that the motor vehicle constitutes an abandoned junk vehicle and a public nuisance;

      (5)   The penalty for failure to abate the public nuisance;

      (6)   That the owner has the applicable time-period specified in subsection 523.01(c) hereof to remove the motor vehicle or he shall be assessed the costs incurred by the City in removing or causing the motor vehicle to be removed;

      (7)   That upon removal by the City the motor vehicle will be disposed of by public auction or delivery to a salvage dealer or scrap metal processing facility;

      (8)   That the owner has the right to reclaim the motor vehicle in accordance with Section 523.05.

   (c)   The written notice and order to remove shall be served as follows:

      (1)   Upon the record title holder of the motor vehicle and any lienholder by certified U.S. mail and by attaching a copy of the written notice and order to remove to the motor vehicle;

      (2)   Upon the owner of the private property upon which the motor vehicle is found by certified U.S. mail and by attaching a copy of the written notice and order to remove to the front door of any dwelling or structure on the property or, if no dwelling or structure exists, by conspicuously posting the written notice and order to remove on the property.

   In the event any written notice and order to remove served by certified U.S. mail is returned endorsed "refused" or "unclaimed", the written notice and order to remove shall be sent by regular U.S. mail. Issuance and service of such written notice and order to remove the vehicle shall occur when placed conspicuously on the vehicle. Notice to the owner of the motor vehicle, any lienholder, and the owner of the property, if applicable, is deemed complete and served in accordance with this subsection.

   (d)   In the event the motor vehicle remains on the property after the expiration of the applicable time-period set forth in Section 523.01(c), the Safety/Service Director and the Chief of Police shall proceed in accordance with Section 523.04.

(Ord. 2017-031. Passed 10-3-17.)