(A) Request for hearing. A request for a hearing upon the allegation of a junk vehicle and the assessment of costs shall be made in writing and delivered to the Town Clerk-Treasurer within ten days from the date of the notice to abate or remove. Such request shall specify the property concerning which the request is made, the requesting party’s name, address, phone number, and the nature of the interest held by the requesting party in the vehicle.
(B) Town authority to abate. In the event of a JUNK VEHICLE, as defined in § 5-4-2, of which notice has been given, and which remains unabated for more than 30 days, the Mayor or his or her representative is granted the authority to abate, remove, or cause the removal of the vehicle; provided, however, that if a proper request for hearing is filed, abatement shall only proceed upon an order of the Municipal Court or withdrawal of the request for hearing.
(C) Holding of hearing; notice. In the event a request for hearing is filed and provided, a hearing shall be held before the Municipal Court or such other individual or group as designated by the Town Council to act as hearing examiner. The purpose of the hearing shall be to confirm or deny the existence of a public nuisance and for taking such further action as is authorized under this chapter. Notice of the time, place, and hour of the hearing shall be sent at least 30 days in advance of the hearing to all known parties.
(D) Presentation of evidence, arguments. At such hearing, all parties shall be afforded an opportunity to present evidence, to cross-examine, and to present arguments; provided, that all persons testifying shall be sworn; irrelevant, immaterial, or unduly repetitious evidence shall be excluded; and the decision of the Municipal Court Judge or hearing examiner shall be based upon the type of evidence commonly relied upon by the Municipal Court.
(E) Decision and orders. At or after such hearing, and in the event of confirmation that the vehicle is junk, the Municipal Judge or the hearing examiner, as the case may be, may order that the Mayor and/or his or her employees or agents remove or otherwise abate the nuisance; provided, however, that if the circumstances justify, in the opinion of the Judge or person presiding at the hearing, the time for abatement may be delayed. In the event a nuisance is confirmed, administrative and removal costs may also be assessed at the hearing. If it is found that a public nuisance does not exist, abatement authority shall be denied and costs shall not be assessed.
(F) Right to appeal. Appeals from the Municipal Court or hearing examiner may be made to the County District Court, second judicial district, under the rules of appellate procedure as found in the state court rules in effect at that time.
(G) Waiver of right to hearing. In the event a request for hearing, as provided, is not timely filed, the right to a hearing shall be considered to have been waived.
(Prior Code, § 5-4-6) (Ord. 345, passed 4-21-2005; Ord. 2024-01, passed 4-4-2024)