§ 93.07  AUTHORITY TO ABATE NUISANCES; PROCEDURES AND NOTICE.
   (A)   When the Code Enforcement Officer, Chief of Police or any city Police Officer (each of whom may be referred to as enforcement officer) determines the existence of an abandoned vehicle upon private property within the city, the Police Department shall notify the last known registered owner of the abandoned motor vehicle, any lien holder of record and the owner or occupant of the private premises on which the public abandoned vehicle exists. Such notice shall be by certified mail with a five-day return requested or by personal delivery, shall state the nature of the public nuisance on the private property and that it must be removed and abated within ten days from the date of such notice and that if the nuisance is not abated, the city will remove or dispose of such abandoned vehicle. Such notice shall further provide that the owner or the occupant of the private premises whereupon such abandoned vehicle exists may request a hearing by the City Council to determine whether or not such alleged abandoned vehicle does, in fact, constitute an abandoned vehicle under the provisions hereof and, thereby be subject to removal and abatement as provided hereunder. Such hearing, to be effective and granted, must be requested within ten days from the date of such notice. If the post office address of the last known registered owner of the abandoned vehicle is unknown, notice may be placed on the abandoned vehicle or, if the owner is located, personally delivered. If the notice herein provided for is returned undelivered by the United States Post Office, official action to abate such nuisance shall be continued to a date not less than ten days from the date of such return.
   (B)   When the Code Enforcement Officer, Chief of Police or any city Police Officer (each of whom may be referred to as enforcement officer) determines the existence of an abandoned vehicle upon public property or on a public right-of-way within the city, the Police Department shall notify the last known registered owner of the abandoned motor vehicle, any lien holder of record and the owner or the occupant of the public premises or the owner or the occupant of the premises adjacent to the public right-of-way whereupon such abandoned vehicle exists. Such notice shall be by certified mail with a five-day return requested or by personal delivery. If the post office address of the last known registered owner of the abandoned vehicle is unknown, notice may be placed on the abandoned vehicle or, if the owner is located, personally delivered. Such notice shall state the nature of the public nuisance on the public property or on a public right-of-way and that it must be removed and abated within ten days from the date on which the notice was personally delivered or mailed or the city will remove or dispose of such abandoned vehicle. Such notice shall further provide that the owner or the occupant of the public premises or the owner or the occupant of the premises adjacent to the public right-of-way whereupon such abandoned vehicle exists may request a hearing by the City Council to determine whether or not such alleged abandoned vehicle does, in fact, constitute an abandoned vehicle under the provisions hereof and, thereby be subject to removal and abatement as provided for hereunder. Such hearing, to be effective and granted must be requested within ten days from the date on which the notice was personally delivered or mailed. If the notice herein provided for is returned undelivered by the United States Post Office, official action to abate such nuisance shall be continued to a date not earlier than the eleventh day after the date of the return.
   (C)   In the event an abandoned vehicle is not removed and abated within five days from the date of the resolution of the Municipal Judge, it may be disposed of by the city by removal thereof to a scrap yard, demolisher, or any suitable site operated by the city for processing scrap or salvage. In the event the City Council determines that commercial channels or disposition of abandoned vehicles within the city are not available or are inadequate, the city may make final disposition of the abandoned vehicles, or parts thereof, or it may transfer the vehicles or parts thereof to another, with the transfers to be only a scrap or salvage and upon the condition that the same cannot be reconstructed or made operable.
(Ord. 4-13, passed 1-14-2013; Ord. 15-13, passed 8-12-2013; Ord. 17-13, passed 11-12-2013)