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NS-1169
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Last modified
1/3/2012 1:05:01 PM
Creation date
6/26/2003 10:08:05 AM
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City Clerk
Doc Type
Ordinance
Doc #
NS-1169
Date
10/15/1973
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ORDINANCE NO. NS-1169 <br />PAGE FOUR <br /> <br />AS registered (and/or legal) owner of record <br />of said vehicle (or said parts of a vehicle), <br />you are hereby notifed that you may, within <br />ten days after the mailing of this Notice <br />of Intention, request a public hearing and if <br />such a request is not received by the Chief <br />of Police or his designee within such ten- <br />day period, the Chief of Police or his <br />designee shall have the authority to abate <br />and remove said vehicle (or said parts of <br />a vehicle) without a hearing. <br /> <br />Notice Mailed ~ate) <br /> <br />/s/. <br /> <br /> Sec. 16-118 - Public Hearing; Request By Owner of <br />Vehicle or Owner of Land. Upon request by the owner of <br />the vehicle or owner of the land received by the Chief of <br />Police or his designee within ten days after the mailing of <br />the notices of intention to abate and remove, a public hear- <br />ing shall be held by the Chief of Police or his designee on <br />the question of abatement and removal of the vehicle, or <br />parts thereof, as an abandoned, wrecked, dismantled or inop- <br />erative vehicle, and the assessment of the administrative costs <br />and the cost of removal of the vehicle, or parts thereof, <br />against the property on which it is located. <br /> <br />If the owner of the land submits a sworn written statement <br />denying responsibility for the presence of the vehicle on his <br />land within such ten-day period, said statement shall be con- <br />strued as a request for a hearing which does not require his <br />presence. Notice of the hearing shall be mailed, by regis- <br />tered or certified mail, at least ten days before the hearing <br />to the owner of the land and to the owner of the vehicle, un- <br />less the vehicle is in such condition that identification <br />numbers are not available to determine ownership. If such a <br />request for hearing is not received within said ten days after <br />mailing of the notice of intention to abate and remove, the <br />City shall have the authority to abate and remove the vehicle, <br />or parts thereof, as a public nuisance without holding a pub- <br />lic hearing. <br /> <br /> Sec. 16-119 - Same - Conduct; Rules of Evidence; Appearance <br />or Statement of Owner of Land; Determination B~ Hearing Officer; <br />Order, Notice of Decision. All hearings under this Article <br />shall be held before the Chief of Police or his designee who <br />shall hear all facts and testimony he deems pertinent. Said <br />facts and testimony may include testimony on the condition of <br />the vehicle, or parts thereof, and the circumstances concerning <br />its location on the said private property or public property. <br />The Chief of Police or his designee shall not be limited by <br />the technical rules of evidence. The owner of the land may <br />appear in person at the hearing or present a sworn written <br />statement in time for consideration at the hearing, and deny <br />responsibility for the presence of the vehicle on the land, <br />with his reason for such denial. <br /> <br />The Chief of Police or his designee may impose such conditions <br />and take such other action as he deems appropriate under the <br />circumstances to carry out the purpose of this Article. He <br />may delay the time for removal of the vehicle or parts there- <br />of if, in his opinion, the circumstances justify it. <br />At the conclusion of the public hearing, the Chief of Police <br /> <br /> <br />
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