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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 FIVE <br /> <br />or his designee may find that a vehicle or parts thereof <br />have been abandoned, wrecked, dismantled, or is inopera- <br />tive on private or public property and order the same re- <br />moved from the property as a public nuisance and disposed <br />of as hereinafter provided and determine the administrative <br />costs and the cost of removal to be charged against the owner <br />of the land. The order requiring removal shall include a des- <br />cription of the vehicle or parts thereof and the correct <br />identification number and license number of the vehicle, if <br />available at the site. <br /> <br />If it is determined at the hearing that the vehicle was placed <br />on the land without the consent of the owner of the land and <br />that he has not subsequently acquiesced in its presence, the <br />Chief of Police or his designee shall not assess the costs of <br />administration or removal of the vehicle against the property <br />upon which the vehicle is located or otherwise attemp~ to <br />collect such costs from such owner of the land. <br /> <br />If the owner of the land submits a sworn written statement <br />denying responsibility for the presence of the vehicle on <br />his land but does not appear, or if an interested party makes <br />a written presentation to the Chief of Police or his designee <br />but does not appear, he shall be notified in writing of the <br />decision. <br /> <br /> Sec. 16-120 - Appeal to the City Council-Any interested <br />party may appeal the decision of the Chief of Police or his <br />designee by filing a written notice of appeal with the Clerk <br />of the Council within five days after his decision. <br /> <br />Such appeal shall be heard by the City Council which may <br />affirm, amend or reverse the order or take other action <br />deemed appropriate. <br /> <br />The Clerk of the Council shall give written notice of the time <br />and place of the hearing to the appellant and those persons <br />specified in this Article. <br /> <br />In conducting the hearing the City Council shall not be limited <br />by the technical rules of evidence. <br /> <br /> Sec. 16-121 - Disposition of Vehicle After Order or Appeal <br />Five days after adoption of the order declaring the vehicle or <br />parts thereof to be a public nuisance, five days from the date <br />of mailing of notice of the decision if such notice is required <br />by this Article, or fifteen days after such action of the City <br />Council authorizing removal following appeal, the vehicle or <br />parts thereof may be disposed of by removal to a scrap yard <br />or automobile dismantler's yard. After a vehicle has been <br />removed it shall not thereafter be reconstructed or made <br />operable. <br /> <br /> Sec. 16-122 - Notice and Transfer to Department of Motor <br />Vehicles. Within five days after the date of removal of the <br />vehicle or parts thereof, the Chief of Police or his designee <br />shall give notice to the Department of Motor Vehicles identi- <br />fying the vehicle or parts thereof removed. At the same time, <br />there shall be transmitted to the Department of Motor Vehicles <br />any evidence or registration available, including registra- <br />tion certificates, certificates of title and license plates. <br /> <br />Sec. 16-123 - Assessment of Costs Against the Land. <br /> <br /> <br />
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