Any time not earlier than the eleventh day after notice has been served, if a hearing has not been requested, or if a hearing is requested, any time not earlier than the eleventh day after an order requiring the removal of such junked vehicle has been issued, then the City Prosecutor may, if such nuisance has not been abated, file a complaint concerning the public nuisance in the Municipal Court to have it abated. At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable. After consideration of the facts, the court may order the junked vehicle or part of portions thereof, which was the subject of the notice to a storage area designated by the city. If the information is available at the location of the nuisance, a resolution or order requiring removal of the nuisance, a resolution or order requiring removal of the nuisance must include the vehicles description, vehicle identification number and license plate number. The vehicle or part thereof shall be stored in such area for a period of not less than ten days, during which period any party owning or claiming any right, title or interest therein, shall be entitled to claim possession of same by payment to the city of the actual cost of the city in abating such nuisance.
(Ord. 2006-02, passed 7-18-2006)