§ 9-1-9. JUNKED VEHICLE.

(A)

If a junked vehicle is located on property in violation of this chapter, the police chief shall mail by certified or registered mail, return receipt requested, a written order to the owner or the occupant of the property, or if the vehicle is located on a public right-of way, to the owner or occupant of the property adjacent to the right-of-way, that:

(1)

states the nature of the public nuisance;

(2)

orders the owner or occupant to remove and abate the vehicle no later than the 10th day after receipt of the notice;

(3)

describes the right to request a hearing; and

(4)

states the consequence of a failure to request a hearing as set forth in this section.

(B)

An owner or occupant who receives a notice under Subsection (A) may request a hearing to determine whether a vehicle is a junked vehicle. The owner or occupant must make the request to the municipal court clerk not later than the 10th day after the date the owner or occupant receives the notice. The request may be made in person or in writing, without the requirement of bond.

(C)

If an owner or occupant does not timely request a hearing under Subsection (B):

(1)

it is conclusively presumed that the vehicle is a junked vehicle; and

(2)

the police chief shall:

(a)

remove the vehicle; and

(b)

take possession of the vehicle.

(D)

In addition to the order mailed under Subsection (A), a police officer shall securely affix to the vehicle a visible, dated, brightly colored notice to the vehicle. The notice must be of a color other than the color used for a notice under Section 9-1-8 ( Notice Before Impoundment of an Abandoned Vehicle ). The notice shall state:

(1)

the information required in Subsection (A); and

(2)

the date the notice was affixed.

(E)

The notice described in Subsection (D) is not a condition or requirement precedent to any proceeding or official action to abate a public nuisance, and a proceeding or action is not void, voidable, or in any way affected by a failure to affix the notice. The time within which a hearing must be requested is controlled by the order under Subsection (A).

Source: 1992 Code Section 10-3-9; Ord. 031023-13; Ord. 031211-11.