§ 28-53. Procedures for abating nuisance.

(a)

For a nuisance on private property, not less than ten days' notice is required stating the nature of the public nuisance on private property, that it must be removed and abated within ten days, and that a request for a hearing must be made before expiration of the ten-day period. The notice shall be personally delivered, sent by certified mail with a five-day return requested, or delivered by the United States Postal Service with signature confirmation service to the last known registered owner. If the post office address of the last known registered owner is unknown, notice may be placed on the nuisance, or, if the owner is located, personally delivered. If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.

(b)

For a nuisance on public property, not less than ten days' notice is required stating the nature of the public nuisance on public property or on a public right-of-way, that the nuisance must be removed and abated within ten days, and that a request for a hearing must be made before expiration of the ten-day period. The notice shall be personally delivered, sent by certified mail with a five day return requested, or delivered by the United States Postal Service with signature confirmation service to the last known registered owner, each lienholder of record of the nuisance, and the owner or occupant of the property adjacent to the right-of-way on which the public nuisance exists. If the post office address of the last known registered owner is unknown, notice may be placed on the nuisance, or, if the owner is located, personally delivered. If the notice is returned undelivered by the United States Postal Service, official action to abate the nuisance shall be continued to a date not less than ten days after the date of the return.

(c)

A vehicle removed under these procedures shall not be reconstructed or made operable after it has been removed.

(d)

A public hearing is required before the removal of the vehicle or vehicle part as a public nuisance. The hearing shall be held before the municipal court, if 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 notice to abate the nuisance. An order requiring removal of a vehicle or vehicle part must include a description, the vehicle identification number, and license plate number, and for a watercraft, the watercraft's certificate of number.

(e)

Notice shall be given to the state department of highways and public transportation not later than the fifth day after the date of removal of the vehicle or vehicle part. The notice must identify the vehicle or vehicle part. The department shall immediately cancel the certificate of title to the vehicle pursuant to state law.

(f)

If the nuisance is not removed and abated and a hearing is not requested within the ten-day period provided by subsections (a) and (b) of this section, a complaint concerning the public nuisance may be filed in the municipal court.

(Code 1994, § 7.507; Ord. No. 536, § 1, 3-12-2012)