(A) It shall be the duty of the City Utility Superintendent to report monthly to the City Council the description, location and the license number, if any, of all motor vehicles in the city:
(1) Which are parked on any street, alley or public right-of-way which are subject to registration by state law and which do not display a current registration plate;
(2) Which appear to have been parked in the same place on any street, alley or public right-of- way for more that 72 consecutive hours;
(4) Which the Utility Superintendent reasonable suspects to be parked on a street or alley or other public right-of-way in violation of this subchapter.
(B) The City Council shall cause notice to be given in connection with any vehicle which is identified to it pursuant to division (C) below as follows:
(1) By certified mail, return receipt requested to the last registered owner of the vehicle, if it is a vehicle subject to registration;
(2) By certified mail, return receipt requested to the person having charge of the vehicle or having charge of the property on which it is parked if known: and
(3) By placing a notice on the vehicle, by taping it to a window or otherwise securing it in a conspicuous place, so long as such notice can be placed without committing trespass.
(C) This notice shall inform the recipient substantially of the following:
(1) A description of the vehicle and the vehicle may be illegally parked in violation of this subchapter;
(2) The date, time and place of hearing to be held before the City Council to determine whether the vehicle is legally parked;
(3) If the vehicle is determined by the City Council to be an illegally parked junk vehicle, it will be ordered to be removed;
(4) The notice of an order to remove a vehicle will be made orally at the hearing and that no further notice will be given;
(5) Any vehicle that is ordered to be removed by the City Council must be removed within 15 days of such order;
(6) Any vehicle ordered to be removed by the City Council that is not moved within 15 days shall be towed and impounded on the order of the Mayor (who may delegate such authority to the Utility Superintendent, the Sheriff or any member of the City Council) and that a fine in the amount of $200 will be imposed as to any vehicle not removed as required;
(7) Any vehicle towed and impounded on the order of the Mayor shall be towed, impounded and stored at the expense of the owner or other person claiming such vehicle; and
(8) If the owner or person having control of the vehicle fails to appear at the hearing, a determination may be made that the vehicle is a junk motor vehicle and that it is parked in violation of this subchapter.
(D) Upon determination by the City Council that a vehicle is illegally parked pursuant to this subchapter, notice shall be given thereof, orally to any person who is present at the hearing provided for in this subchapter, that such vehicle must be removed and legally parked within the municipal limits or otherwise removed from the limits of the city, not later than 12:00 a.m. midnight on the fifteenth day following the hearing. The penalty for violation of this division (D) is as set forth in § 92.99 of this chapter.
(E) (1) Any vehicle subject to removal under the terms of division (D) above that is not removed within the time set forth in division (D) above shall be removed by towing at the direction of the Mayor or his or her designee. All towed vehicles shall be impounded by the towing agency, under the authority of the City Council.
(2) No such towed vehicle shall be released except upon payment of:
(a) The fine imposed under division (D) above; and
(b) The reasonable charges of the towing agency for towing and storage of the vehicle.
(F) Any towed vehicle not claimed by the owner or other person within ten days of towing may be released by the Mayor or his or her designee to the towing agency for disposition as an abandoned vehicle.
(Prior Code, § 4-9-4) (Ord. passed 11-4-2002) Penalty, see § 92.99