§ 11-39. Hearing by judge of municipal court; order of removal.

(a)

Should the junked vehicle, or junked vehicle part not be voluntarily removed within ten (10) days of the mailing of the notice as provided in section 11-38 above, then the chief of police shall proceed to set a hearing before the municipal judge to determine whether the complained of junked vehicle or junked vehicle part is in fact a public nuisance. Notice of such hearing shall be by posting same on the city hall bulletin board at least seventy-two (72) hours prior to such hearing, and, in addition, in those instances where a request for hearing has been made as provided in section 11-38 above, by mailing notice to the requesting party by certified mail return receipt requested at least ten (10) days prior to such hearing.

(b)

At the time and place specified in the notice of a public hearing provided for in paragraph (a) immediately above, such hearing shall be held. At the conclusion of such hearing, the judge of the municipal court shall make a finding as to whether or not a public nuisance exists, and in the event of an affirmative finding, the judge shall, by order, require the removal of such junked vehicle or part thereof and shall include a description of the vehicle and the correct identification number and license number of the vehicle, if such identification and license number are available at the site. The proceedings shall be abated and no further action shall be taken by the chief of police or his agents with regard to the abatement of such public nuisance. The court shall take action within fourteen (14) days from date of the public hearing.

(Ord. No. 605, §§ 4C, 4D, 11-21-72; Ord. No. 711, § 1, 11-1-83; Ord. No. 751, § 1, 7-21-87)