(A) Whenever it comes to the attention of the Chief of Police that any nuisance as defined in § 93.05 exists in the city, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in §§ 93.05 through 93.09.
(B) The Chief of Police shall give notice of removal to the owner or occupant of the private property where the vehicle is located at least ten days before the time of compliance. It shall constitute sufficient notice when a copy of the notice is posted on a conspicuous place upon the private property upon which the vehicle is located, or upon the vehicle itself, and duplicate copies are sent by registered mail to the owner or occupant of the private property at his last known address.
(C) The notice shall contain the request for removal within the time specified in § 93.06 and the notice shall advise that upon failure to comply with the notice to remove, the city or its designee shall have the authority to take any or all of the following steps to remediate the nuisance:
(1) Undertake such removal of the inoperative vehicle(s) with the cost of removal to be levied against the owner or occupant of the property;
(2) Begin court proceedings seeking an order of the court that the inoperative vehicle(s) be removed by the offender;
(3) Begin court proceedings seeking that a fine be levied pursuant to § 93.99;
(4) Seek an injunction that no further inoperative vehicles shall be parked, stored, left or permitted by the offender with the city.
(D) Upon proper notice, the owner of the abandoned, wrecked, dismantled, or inoperative vehicle and the owner or occupant of the private property on which the vehicle is located, either or all of them, shall be responsible for its removal.
In the event of removal and disposition by the city, the owner or occupant of the private property where the vehicle is located, shall be liable for the expenses incurred.
(E) It shall be unlawful for any person to remove, deface, alter, destroy, or otherwise interfere with a notice properly posted as provided in this section. Upon conviction, any such person shall be subject to the penalty provided in § 93.99.
(F) The persons to whom the notices are directed, or their duly authorized agents, may file a written request for hearing before the City Council or its designee within the ten-day period of compliance prescribed in (B) above, for the purpose of defending the charges by the city.
(G) The hearing shall be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of the hearing at least ten days in advance thereof. At such hearing the city and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
('69 Code, § 17-192, 17-193) (Ord. 69-0-16, passed 11-10-69; Am. Ord. 80-0-1, passed 1-28-80; Am. Ord. 2009-O-4, passed 3-23-09)