§ 19-362. Abatement hearing.

(a)

If a person for whom notice is required under subsection 19-361(a)(3) requests a hearing, the public hearing shall be held no earlier than the 11 ^th day after the date of the service of notice.

(b)

At the hearing, the junked motor vehicle is presumed, unless demonstrated otherwise by the owner, to be inoperable.

(c)

The court shall issue an order or resolution following the conclusion of the hearing.

(d)

A resolution or order requiring the removal of the nuisance must:

(1)

Prohibit the vehicle from being reconstructed or made operational after removal;

(2)

Require that, not later than the fifth day after the date of removal, notice identifying the vehicle or part thereof be given to the appropriate state agency or department for the cancellation of the certificate of title issued for the vehicle.

(3)

Include if the information is available at the location of the nuisance, the vehicle's:

a.

Description;

b.

Vehicle identification number; and

c.

License plate number.

(Ord. No. 100203, § 3, 12-16-04)