§ 9-1-10. HEARING ON JUNKED VEHICLE.

(A)

If a hearing is requested under Section 9-1-9(B) ( Junked Vehicle ), the municipal court clerk shall notify the owner or occupant of a date and a time when the owner or occupant may appear before a municipal court judge for a hearing to determine whether a vehicle is a junked vehicle.

(B)

A municipal court judge shall determine by a preponderance of the evidence whether or not a vehicle is a junked motor vehicle. The hearing is civil in nature and shall be as summary as due process and orderly procedure allow.

(C)

On a finding that a vehicle is a junked vehicle, the judge shall order that:

(1)

the owner or occupant shall remove the vehicle and abate the nuisance no later than the 10th day; and

(2)

if the owner or occupant fails or refuses to abate or remove the vehicle as ordered, the police chief shall:

(a)

remove the vehicle; and

(b)

take possession of the vehicle.

(D)

The municipal court clerk shall deliver notice of a hearing set under this section to the police chief.

Source: 1992 Code Section 10-3-10; Ord. 031023-13; Ord. 031211-11.