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(2) If the above notice is returned undelivered by the U. S. Post Office, official
action to abate said nuisance shall be continued to a date not less than ten (10) days from
the date of such return. After the expiration of said ten (10) days period the .Municipal
Judge shall have the power to order the removal of the vehicle.
(f) Preliminaries to Hearing
(1) In the event that an owner of occupant of the public or private premises or the
owner or occupant of the premises adjacent to the public right of way on which the vehicle
is located desires the hearing provided for in this Ordinance, he shall present such request
to and in writing, to the Clerk of the Municipal Court of Georgetown and said Clerk shall
set a date and time when said owner, etc., may appear before a Judge of the Municipal
Court for a hearing in accordance with Paragraph (g) below to determine whether or not
he is in violation of this ordinance. Said time of said hearing to be within ten days after
service of notice to abate the nuisance.
(g) Hearing
(1) Upon receiving a request for hearing the Clerk of the Municipal Court shall set
a date and time for such hearing on the Court Docket. The Clerk of the Municipal Court
shall notify the City Attorney of the date and time of such hearing. The City Attorney
shall cause to be prepared, filed and served on the Defendant, awritten complaint charging
that the owner or occupant of the premises, as the case may be, has violated this Ordin-
ance. After service, such complaint shall be on file with the Clerk of the Municipal
Court not less than five days prior to the date of hearing.
(2) The Judge of the Municipal Court shall hear any case brought before said Court,
as set our herein, and shall determine whether or not the Defendant is, in fact, in violation
of this Ordinance. If the addressee of the above letter does not properly request trial in
Municipal Court, then said omission shall be deemed an admission that the automobile or
part thereof, in question, is a Public Nuisance. Upon finding that said Defendant is in
violation of this Ordinance, said Defendant shall be deemed guiltyof a misdemeanor. avid sub-
ject to a fine in accordance with the penalty provision hereinafter set forth. The Judge
of said Court shall further order said Defendant to remove and abate said nuisance within
ten (10) days. If the Defendant shall fail and refuse within said ten (10) days to abate or
remove the nuisance the Judge of the Municipal Court may enter an order directing the
City Manager to have the some removed, and the City Manager or any duly authorized
person shall take possession of said junked motor vehicle and remove it from the premises.
Any resolution or order requiring the removal of a vehicle or part thereof shall include a
description of the vehicle and the correct identification number and license number, if
available at the site. The City Manager or any duly authorized person shall thereafter
dispose of said junked motor vehicle in accordance with this Ordinance. If, after the
expiration of such ten (10) day period, the Defendant has not caused or allowed the said
vehicle to be removed from the premises, he shall be in violation of this Ordinance and
be subject to a different penalty for each day thereafter.
(h) Removal of Junked Motor Vehicles
(1) If within ten (10) days of receipt of notice from the City Manager or any duly
authorized person, to abate or remove a nuisance, the owner or occupant of the premises
shall give his written permission to the City Manager or any duly authorized person for
removal of the junked motor vehicle from the premises, the giving of such permission
shall be considered compliance with the provisions of this Ordinance.
(2) In no event will a removed junked motor vehicle be reconstructed or made oper-
able.
(3) The City Manager or, any duly authorized person shall 'give notice to the Texas
Highway Department within five (5) days after the date of the removal and identify the
vehicle or part thereof.
(4) Junked vehicles or parts thereof may be disposed of by removal to a scrap yard,
demolisher, or any suitable site operated by the City for processing as scrap or salvage,
which process shall be consistent with Section 10, Subdivision C of the Texas Abandoned
Motor Vehicle Act. The City may operate such a disposable site when its City Council
determines that commercial channels of disposition are not available or are inadequate,