§ 50-296. Notice of intention to abate.

(a)

Criteria for issuance. When the director determines, pursuant to an inspection conducted according to this article, that the conditions existing on the property constitute a violation of this division, the director shall issue a notice of the city's intent to abate the vehicle or parts thereof as a public nuisance, after the expiration of ten days from the date of service of the notice.

(b)

Content of notice. This notice shall contain the following:

(1)

The street address and such other description as are required to identify the property on which the vehicle or parts thereof is located.

(2)

The identity of the vehicle or parts thereof to be abated.

(3)

A statement that the director has found the vehicle or parts thereof to be a public nuisance as specified in this article with a special citation to the applicable section of this article and to other sections of the city Code, if applicable, including sufficient detail to provide the owner with information as to the conditions constituting the alleged nuisance.

(4)

A statement of the action required to be taken as determined by the director and that such action is to be completed within ten days after the mailing of the notice.

(5)

A statement that the owner of the property on which the vehicle or parts thereof is located or the owner of the vehicle or parts thereof may, within ten days of the date of the notice, submit to the director a written request for a hearing before the hearing officer. Such statement shall include notice to the property owner that he or she may either appear in person at a hearing or submit a sworn written statement denying responsibility for the presence of the vehicle or part thereof on his or her land, with the reasons for such denial, in lieu of appearing.

(6)

A statement that failure to either voluntarily abate the nuisance condition or request a hearing within the specified time shall be deemed a waiver of such rights and that the director may proceed to abate the nuisance.

The notice shall also include the following language:

"As to any vehicle(s) or parts thereof listed herein, you may file with the Hearing Officer a sworn written statement denying responsibility for the presence on your property of the vehicle(s) or parts thereof listed, together with your reasons for such denial, or you may request a hearing without submitting a sworn written statement.

"A sworn statement shall be construed as a request for a hearing at which you may, but need not, appear in person. You will be provided with the date, time, and place of any such hearing. A deposit fee must accompany your sworn statement and/or request for hearing. At the hearing, your sworn written statement, and/or any evidence presented by you or on your behalf, will be considered by the Hearing Officer in determining whether the cost of removing said vehicle(s) or parts thereof will be assessed against your property as a lien in the event that removal of the vehicle(s) or parts thereof is undertaken by the city.

"You need not file a sworn statement if you request a hearing and attend the hearing, but you may file a statement if you wish to do so. Such sworn statement will be considered only as to vehicle(s) or parts thereof, and will not be considered as to the existence of any other condition on your property which may be found to constitute a nuisance in this or any other proceeding."

(c)

Service of notice. The notice shall be delivered by certified or registered U.S. mail, postage prepaid and return receipt requested to the owner of the property on which the vehicle is found as shown on the latest equalized assessment roll and to the last registered and legal owner of record, unless the vehicle or parts thereof is in such condition that identification numbers are not available to determine ownership. The director, in his or her discretion, may but is not required to provide additional notice by posting a copy of the notice conspicuously on the vehicle or parts thereof to be abated. The failure of any owner or other person to receive the notice to abate or other notices required by this division shall not affect in any manner the validity of any proceeding taken under this division.

(d)

Exception to issuing notice. No notice of intention of abatement shall be required for the removal of a vehicle or parts thereof where both the owner of the land on which the vehicle or parts is located and the owner of the vehicle signed releases authorizing removal and waiving further interest in the vehicle.

(Ord. No. 2002-04, § 2(16B.10.05), 5-8-2002; Ord. No. 2016-004, § 6, 6-23-2016)