A. Nuisance Found On Private Property: Whenever a member of the city's police department or the city's health, zoning and building officer finds any inoperable vehicle, damaged vehicle or unlicensed vehicle or abandoned vehicle on private property, he or she shall issue a written order to the "known" or "unknown" owner of such vehicle directing such owner to abate such nuisance, within ten (10) days, in one of the following ways: 1) transfer to and store such vehicle in a completely enclosed building; or 2) permanently remove said vehicle to a location outside the corporate limits of the city. (Ord. 3105, 12-2-2002)
This order shall include the vehicle's vehicle identification number (VIN) to the extent it is ascertainable from the vehicle by the officer; the date of the notice; the date by which the vehicle must be removed or enclosed; and the possible penalties for failing to abate the nuisance. The order shall be effective until said vehicle is placed within a completely enclosed building or removed from the city's corporate limits. Notice of such order shall be placed on such vehicle, and copies of the notice shall be served on any adult occupant of the private property on which such vehicle is located, and also on the owner of the vehicle, if his or her name and whereabouts be known. If no occupant of such private property or owner of such vehicle can be found, such notice affixed to any building on such private property shall constitute notice to the owner and occupant of such private property and notice to the owner of such vehicle. If there is no building on such private property, the notice may be affixed elsewhere on such private property and same shall constitute the notice to the occupant of such private property and notice to the owner of such vehicle. If such vehicle is not removed within ten (10) days pursuant to the order and notice, and if the order is not stayed by the issuing officer pursuant to a written request showing good cause for a permanent or temporary stay, the police department and/or health, zoning and building officer shall cause such vehicle to be removed by a junk or salvage yard or wrecker service; and all costs and expenses of the removal of said vehicle, the storage of said vehicle, and the disposal and/or sales charges shall be paid by and recoverable from the owner(s) of said vehicle, jointly and severally, in a suit at law. The vehicle shall not be removed from private property without a warrant issued by a court of competent jurisdiction. (Ord. 3105, 12-2-2002; amd. Ord. 3436, 8-3-2009)
B. Nuisance Found On Public Property: Whenever a member of the city's police department or the city's health, zoning and building officer finds any inoperable vehicle, damaged vehicle or unlicensed vehicle or abandoned vehicle on public property, he or she shall issue a written order to the "known" or "unknown" owner of such vehicle directing such owner to abate such nuisance, within seven (7) days, in one of the following ways: 1) transfer to and store such vehicle in a completely enclosed building; or 2) permanently remove said vehicle to a location outside the corporate limits of the city. (Ord. 3105, 12-2-2002)
This order shall include the vehicle's vehicle identification number (VIN) to the extent it is ascertainable from the vehicle by the officer; the date of the notice; the date by which the vehicle must be removed or enclosed; and the possible penalties for failing to abate the nuisance. Notice of such order shall be placed on said vehicle. If said vehicle is not removed within seven (7) days pursuant to the order and notice, the police department and/or health, zoning and building officer shall cause said vehicle to be removed by a junk or salvage yard or wrecker service; and costs and expenses of the removal of said vehicle, the storage of said vehicle and the disposal and/or sales charges shall be paid and recoverable from the owner(s) of said vehicle, jointly and severally, in a suit at law. (Ord. 3105, 12-2-2002; amd. Ord. 3436, 8-3-2009)