The Police Department, when desiring to remove and dispose of junked vehicles as public nuisances from private property, public property or public rights-of-way, shall comply with the following procedures.
(A) A written notice stating the nature of the public nuisance on private property and that it must be removed and abated within ten days, and further stating that a request for a hearing must be made before the expiration of the ten-day period, the notice must be mailed, by certified mail with a five-day return receipt requested, to the owner of the junked vehicle, any lienholder of record and the owner or the occupant of the private premises whereupon the public nuisance exists. If the notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten days from the date of the return.
(B) The requirements of division (A) above shall also apply to the case of a public nuisance on public property and similar notice shall be sent to the owner or the occupant of the public premises and to the owner or the occupant of the premises adjacent to the public property whereupon the public nuisance exists.
(C) Once a vehicle has been removed under the provisions of this section, it shall not be reconstructed or made operable.
(D) Where a hearing is requested, by the owner or occupant of the public or private premises or by the owner or occupant of the premises adjacent to the public right-of-way on which the vehicle is located, within ten days after service of the notice to abate the nuisance, a public hearing prior to the removal of the vehicle or part thereof as a public nuisance must be held before the Municipal Judge of the city. Should the Municipal Judge find that the vehicle is a public nuisance as defined herein, he or she shall enter an order requiring the removal of the vehicle or part thereof from the public or private property or public right-of-way where it is situated, and the order shall include a description of the vehicle and the correct identification number and license number of the vehicle, if available.
(E) The Police Department shall give notice to the State Department of Highways and Public Transportation within five days after the date of removal of the vehicle, identifying the vehicle or part thereof.
(F) The procedures set out in this section shall not apply to a vehicle or part thereof which is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle or part thereof which is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle dealer or a junkyard, or to unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property; provided that, the vehicle and outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery or other appropriate means.
(G) The administration of the procedures of this section shall be carried out by regularly salaried, full-time employees of the city, except that the removal of vehicles or parts thereof from property may be accomplished by any other duly authorized person, including wrecker service operators within the city who have a valid and subsisting contract.
(Ord. 96-06, passed 12-10-1996)