(a) Notice to Remove
.
Whenever it comes to the attention of any police officer that any nuisance as defined in Section 367.02
(a) exists in the City, a notice in writing shall be served upon the responsible parties.
(b) Content of Notice to Remove
.
Any notice to remove issued hereunder shall contain a request for removal of the junked motor vehicle within the time specified herein, and the notice shall advise that upon failure to comply with the notice to remove, the City or its designee shall undertake such removal, with the cost of removal to be levied against:
(1) The owner of the junked motor vehicle if discernable from the records of the West Virginia Department of Motor Vehicles; or
(2) If no owner of the junked motor vehicle is discernable, upon any occupant of the real estate where the nuisance exists; or
(3) If no owner of the junked motor vehicle is discernable and there is no occupant of the real estate where the nuisance exists, upon the owner of the land. The notice shall further advise such recipient that a hearing can be requested by such recipient before the Mayor of the City by filing a written request for hearing with the City Recorder.
(c) Service of Notice to Remove
.
Any City police officer shall personally serve any notice of removal issued hereunder upon the responsible parties. If no responsible party can be found within the City, a copy of the notice to remove shall be posted in a conspicuous place upon the private property upon which the vehicle is located, and duplicate copies of the notice to remove shall be sent by certified mail, return receipt requested, to the responsible parties at his, her, or their last known address or addresses.
(d) Request for Hearing. The person or persons to whom any notice to remove is served, or their duly authorized agents, may file a written request for a hearing before the Mayor within the ten-day period of compliance prescribed for the purpose of defending the charges levied by the City.
(e) Hearing. A hearing shall be held as soon as practicable after the filing of the request, and any persons upon whom a notice to remove has been served shall be advised of the time and place of such hearing at least five days in advance thereof. At any such hearing, the City and any person upon whom a notice to remove has been served may introduce such witnesses and evidence as either party deems necessary.
(Passed 1-2-03.)