HomeMy WebLinkAbout0223_221(A) Be in writing;
(% Specify the nature of the public nuisance on private property, public property,
or on a public right-of-way as the case may be, and its location;
(C) Specify that it must be removed and abated within ten (10) days;
(D) Specify that a request for hearing must be made before the expiration of said ten
day period;
(E) Be mailed by certified or registered mail with a five day return requested, to the
owner or occupant of the private or public premises or to the owner or occupant of the premises
adjacent to the public right-of-way whereupon such public nuisance exists;
(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 Building Official shall issue
a citation and file a complaint in Municipal Court.
(f) Preliminaries to Hearing
(1) In the event that an owner or 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
in writing to the City Building Official. Said official shall set a date and time when said
owner, etc., may appear before the Housing Board of Adjustment and Appeals for a hearing
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in accordance with Paragraph (g) below to determine whether or not he is in violation of this
=r ordinance.
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� (g) Hearing
(1) When such hearing is before the Housing Board of Adjustment and Appeals:
(A) Upon receiving a request for a hearing, the Building Official shall set a date
and time for such hearing and notify the owner or occupant of the premises, as the case may
be, of said date, time and place of hearing. Such hearing shall not be less than five days
after request for hearing is received by City.
(B) The Board of Adjustment and appeals shall hear any case brought before it and
shall determine whether or not the owner or occupant, etc., is, in fact, in violation of this
Ordinance. If the addressee of the notice set out in paragraph (e) does not properly request a hearing,
then the Building Official shall file a complaint with the Municipal Court and said ommission
shall be deemed an admission that the automobile or part thereof, in question, is a public nuisance.
(C) Upon finding that said person is in violation of this Ordinance, the Board shall
order such owner or occupant, etc., to remove and abate said nuisance within ten (10) days.
If the owner or occupant, etc., shall fail and refuse to remove and abate said nuisance within
said ten (10) days the Board shall order the Building Official to have the same removed, and
the Building Official shall take possession of said junked motor vehicle and remove it from its
location. If, after the expiration of such ten (10) day period, the owner or occupant has not
caused or allowed the said vehicle to be removed from the premises, the Building Official
shall cause a complaint to be filed in Municipal Court.
(h) Trial before Municipal Court
(1) Upon receiving a complaint from the Building Official 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. Such
complaint shall be on file with the Clerk of the Municipal Court not less than five days prior
to the date of the trial.
(2) The Judge of the Municipal Court shall hear any case brought before said Court,
as set out herein, and shall determine whether or not the Defendant is, in fact, in violation
of this Ordinance.
(3) Upon finding that said Defendant is in biolation of this Ordinance, said Defendant
shall be deemed guilty of a misdemeanor and subject to a fine in accordance with the penalty
provision hereinafter set forth. The Judge of said Court shall further order said Defendent 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 Building Official to have the some removed, and the Building Official