(A) If required by the owner or lien holder of the motor vehicle, or by the owner or occupant of the premises upon which the motor vehicle is located, or if located upon a public right-of-way by the owner or occupant of the adjacent premises, a public hearing shall be held before the Municipal Judge to determine if the motor vehicle constitutes a public nuisance as provided in this subchapter. At the hearing, it is presumed, unless otherwise demonstrated by the owner, that the vehicle is inoperable. If, at the conclusion of the hearing, the Municipal Judge shall find and determine that the motor vehicle constitutes a public nuisance as provided by this subchapter, he or she shall order the immediate removal of the vehicle by the Code Enforcement Department.
(B) Where actual notice of certified mail shall be received by all persons entitled thereto pursuant to this subchapter, the public hearing may be waived in the event of the failure of the persons to make timely request for hearing. In the event actual notice by certified mail shall not be received by any such party, the public hearing shall be conducted before the Municipal Judge prior to ordering the removal of the motor vehicle.
(C) (1) Each order of removal shall include a description of the vehicle and the correct identification number and license number if the information is available at the site.
(2) In addition, the order shall require the demolition of the junked vehicle and shall prohibit it from being reconstructed or made operable following its removal.
(Ord. 06-0418, passed 4-18-2006)