(A) Removal of abandoned property and building materials from private premises.
(1) Whenever an enforcement officer shall find an item or items of abandoned property or building materials on private premises, not including street right-of-way, within the city in violation of this subchapter, he or she shall cause a notice to be placed upon such item or in the immediate vicinity of several such items in substantially the following form:
NOTICE TO THE OWNERS AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY: This property, to-wit (setting forth a brief description), located at (setting forth brief description of location), is improperly stored in violation of Section ____ of Chapter ____ of the Saginaw Code. Within ten days, if this property is not removed or a hearing has not been requested at the Inspections/Environmental Division upon the applicability of the above ordinance to this property, it shall be deemed abandoned property and removed and disposed of by order of the City of Saginaw. Cost of such removal and disposition will be assessed to this premises.
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Dated this (setting forth date of posting of notice)
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Signed (setting forth name, title, business address, and telephone number of the Enforcement Officer)
(2) Such notice shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the abandoned item or items are 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 item or items, if ownership can reasonably be ascertained.
(3) If at the end of ten days after posting such notice, the owner or any person interested in the abandoned item or items described in such notice has not removed the item or items and complied with the ordinance provision cited in the notice or requested a hearing on the applicability of this ordinance provision to the property in question, the enforcement officer may cause the item or items of abandoned property or building materials to be removed, destroyed, and/or disposed of, and the salvage value, if any, of such items shall be retained by the city to be applied against the cost of removal, storage, handling, destruction, and/or disposal of such abandoned property. If the proceeds from the salvage of the property be less than such costs, the deficiency shall be assessed and levied as a special assessment against the premises from which the abandoned property was removed in the manner described in § 33.21. In the event the salvage proceeds exceed said costs, any such excess shall be held for a period of six months for the benefit of the former owner of the abandoned property, upon proof of such ownership within six months after such removal, destruction, or disposal of the property. If after six months such excess has not been properly claimed, it shall be applied to the General Fund of the city.
(4) If at the end of ten days after posting of such notice by the owner of the private premises or a person claiming an interest in personal property thereon, the City Manager 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 in question or the city should not dispose of said property.
(5) The hearings procedures shall be those established for condemnation hearings by § 2-106(c) of the Michigan Building Code.
(6) The hearings officer shall make a decision with written findings of fact based upon competent evidence and testimony determining whether storage of the property in question is prohibited by the terms of §§ 94.064 and 94.065. If he or she shall find that the storage of the property in question is prohibited, he or she shall order the person requesting the hearing to remove the property in question within a reasonable time but not less than five days. If the property is not removed within the period allowed in the order, the enforcement officer issuing the notice may cause the item or items of abandoned property or building materials to be removed, destroyed, or disposed of and excess costs to be assessed in the manner prescribed in division (A)(3) above.
(B) Removal of trash from private premises.
(1) Whenever an enforcement officer shall find an accumulation of trash on private premises not including the street right-of-way within the city in violation of this subchapter, he or she shall cause a notice to be placed conspicuously on those premises in substantially the following form:
NOTICE TO THE OWNER OF THESE PREMISES AND TO ALL PERSONS INTERESTED IN ITS MAINTENANCE: Trash, to-wit; (setting forth a brief description) located at (setting forth a brief description of the location) is improperly stored in violation of Section ____ of Chapter ____ of the Saginaw Code, and must be removed within ten days from the date of this notice; otherwise, it shall be removed by the City of Saginaw, and the costs of removal shall be assessed to these premises.
(2) Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the enforcement officer shall mail a copy of the notice to the owner of the real property upon which the trash 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 trash, if ownership can reasonably be ascertained.
(3) If, at the end of ten days after posting such notice, the trash described herein has not been removed, the enforcement officer may cause such trash to be removed, and the costs of removal shall be assessed and levied against the premises from which the trash was removed in the manner prescribed in § 33.21.
(Prior Code, § 94.42) (Ord. D-1659, passed 7-27-1992, effective 8-6-1992)