(A) In addition to the penalties provided in § 90.99, the city, by and through its Police Department, may issue a written notice and order to the owner or person in possession of a motor vehicle or parts thereof abandoned on a public way, a junked motor vehicle on private property or parts thereof, an apparatus or parts thereof other than a motor vehicle on a public way, regarding violation of this chapter. The notice may be issued to the owner, tenant or person in possession of private property upon which a junked motor vehicle or parts thereof is located, of the violation of this chapter. The notice shall order that the abandoned or junked motor vehicle or apparatus or parts thereof be removed from its location or otherwise made to comply with this chapter and that the removal or compliance be accomplished within five (5) days of the issuance of the notice.
(B) The notice may be served upon the appropriate party by delivery to the party, either personally or by certified mail to the last known address of the party. If the notice is sent by mail, the five (5) day notice period as provided for in subsection (A) shall commence two (2) business days after the notice is mailed. In addition, notice shall be conspicuously affixed to the junked or abandoned motor vehicle or apparatus or parts thereof.
(C) In the event that any person fails to comply with a notice containing an order issued pursuant to subsection (A), the city, by and through its Police Department, may have the abandoned or junked vehicle or apparatus, or parts thereof, removed and disposed of and may impose upon the person, corporation, partnership, firm or other entity violating the order a monetary charge to cover the costs, direct and indirect, of the removal and disposition of the abandoned or junked vehicle, apparatus or parts thereof.
(D) Any person, corporation, partnership, firm or other entity aggrieved by a notice containing an order issued pursuant to subsection (A) may request a hearing before a hearing board hereby created and consisting of the Police Chief or his designee. The request must be filed in writing with the Police Department and delivered to the Department with a processing fee in the amount of twenty-five ($25.00) dollars, within five (5) days after the notice is served. Removal and disposition as provided for in subsection (C) shall be suspended pending the hearing. The processing fee shall be refunded to the payor if the hearing officer determines that the chapter has not been violated.
(E) The provisions of KRS 82.625 relating to hearings on validity of impoundment of improperly parked vehicles on public property and appeals therefrom are incorporated herein by reference and shall apply to all requests for hearings as provided for in subsection (D).
(F) Nothing contained herein shall limit the authority of the city and through its Police Department, to forthwith and without notice, remove from public property any abandoned motor vehicle, or apparatus, or parts thereof if, in the discretion of the Police Department, a determination is made that the object constitutes a hazard to the safe passage of traffic.
(Ord. 17-1994, passed 10-31-94)