§ 8.12.030. Notice to abate; hearing.

Whenever any police officer or the zoning administrator determines that a nuisance as declared in this chapter exists, such person shall cause a written notice to abate to be served upon any person who is causing, permitting or allowing the nuisance to exist. The notice shall describe the allegedly inoperable motor vehicle or motor vehicle not regularly used, and give the person served not less than seven days from the date of service of the notice to either abate the nuisance or request a hearing on the question of whether or not the described vehicle is an inoperable motor vehicle or motor vehicle not regularly used within the meaning of this chapter. Such notice shall be served by personal delivery or by certified or registered mail. Personal service shall be by any police officer of the Village police department, the Village zoning administrator or by any person authorized by law to make personal service. Should the recipient of the notice fail to request a hearing on the question of whether or not the described vehicle is an inoperable motor vehicle or motor vehicle not regularly used within the meaning of this chapter, it shall be presumed that the vehicle is an inoperable motor vehicle or motor vehicle not regularly used, and authorized officials of the Village may proceed to abate the nuisance in the manner prescribed by this chapter and/or seek to recover penalties as provided in this chapter. Should the recipient of a notice request a hearing, a member of the police committee selected by the chairman of that committee shall act as a hearing officer and shall schedule and conduct a hearing within ten days after receipt of the request for a hearing. Reasonable notice of the hearing shall be given to the person requesting the hearing in person or by first-class mail. During any such hearing, any person interested in the alleged inoperable motor vehicle or motor vehicle not regularly used, and any representative of the Village may call witnesses and present evidence concerning the condition of the vehicle. Any party to the hearing may be represented by legal counsel at the expense of such party. The member of the police committee conducting the hearing shall within seven days following its conclusion make written findings regarding the condition of the vehicle and determine whether or not the vehicle constitutes an inoperable motor vehicle or motor vehicle not regularly used within the meaning of this chapter. Such findings and determination shall be served in the same manner as prescribed in this section for service of a notice to abate. If the hearing officer determines that the vehicle is inoperable or not regularly used, then the notice to abate shall become effective from and after the date such determination is served on the person who requested the hearing.

(Ord. No. 2017-2, § 1, 6-6-2017; Ord. No. 2006-5, § 1, 3-21-2006; Ord. 1991-16 § 1 (part), 1991)