(a) Whenever an authorized City official finds junk motor vehicles on private premises, public premises or the street right-of-way within the City is in violation of this chapter, the authorized City official shall cause a notice to be placed upon the vehicle in substantially the following form:
“NOTICE TO THE OWNERS AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, to-wit: (description of property) located at (description of property) is deemed a junk motor vehicle. A junk motor vehicle is defined (but is not limited to), partially dismantled vehicle(s), missing vehicle parts, wrecked or inoperative vehicle(s), flat tire(s), used for storage or absence of a current license plate, (shall be prima facie evidence that a vehicle is a junk motor vehicle), which is deemed improperly stored in violation of Perry City Code. The described junk motor vehicle must be removed within five (5) days from the date of this Notice, or a hearing requested in writing, within that time period at the Perry City Hall to show cause why the junk motor vehicle should not be removed. If the property is not removed and an administrative hearing is not requested within the five-day (5) period, the vehicle(s) shall be deemed a junk motor vehicle(s) and shall be removed by the City of Perry or its authorized agents and a municipal civil infraction may also be issued by the City of Perry to the owner of the vehicle(s); and costs for removal of the vehicle(s); shall be assessed against the owner of the premises.”
(b) Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the authorized City official shall mail a copy of the notice to the owner of the real property upon which the junk vehicle is located, as shown by the records of the City Assessor, on or before the date of posting of such notice and to the owner of the junk motor vehicles, if ownership can be reasonably ascertained.
(c) If at the end of five (5) days after posting such notice, the owner or any person claiming an interest in the junk motor vehicle(s) described in such notice has not complied with the notice and removed the junk motor vehicle, the authorized City official may issue a municipal civil infraction. If a court hearing is held and the court determines the owner has violated the chapter and issues an order, the order shall state that if the person places the junk motor vehicle in the same location, a show cause hearing shall be held to determine if injunctive relief, specifically, no parking of the junk motor vehicle in the same location, shall be issued.
(d) Further, within five (5) days from the posting of such notice, the owner of the private premises or a person claiming an interest in personal property can request a formal hearing by providing written notice to the Perry City Hall. Afterward, the Mayor shall appoint a hearings officer to conduct a public hearing in order for the person requesting the hearing to show cause why he or she should not remove the property or that the City shall not dispose of the junk motor vehicle.
(e) The hearings officer shall make a decision with a written findings of fact based upon competent evidence and testimony determining whether storage of the property in question is prohibited by the Perry City Code. If the hearings officer determines the storage of the property in question is prohibited, the officer shall order the person requesting the hearing within a reasonable time but not less than five (5) days to remove the junk motor vehicle(s). If the property in question is not removed within the period allowed in the order, the authorized City official issuing the notice may cause the junk motor vehicle to be removed and costs for removal of the vehicle(s) will be assessed against the owner(s) of the premises.
(Ord. 315. Passed 6-21-11.)