§ 19-26. Trial upon request.

(a)

The last known registered owner of the junked vehicle or vehicle part, lienholder of the junked vehicle or vehicle part, the record owner or occupant of the property on which the nuisance is located, or the record owner or occupant of the property adjacent to the public right-of-way if the nuisance is located on the public right-of-way may, within ten (10) days after the day on which the notice to abate the nuisance was personally delivered or mailed, request from the clerk of the municipal court of the city in writing or in person a trial before a municipal judge to determine whether or not the person is in violation of this article. The hearing request may be in person or in writing and without the requirement of a bond.

(b)

If a trial request is made within ten (10) days after the day on which the notice to abate the nuisance was personally delivered or mailed, the director shall not order removal of the junked vehicle or vehicle part until allowed to do so by the judge of the municipal court.

(c)

Upon receiving a request for a trial, the clerk of the municipal court shall set a date and time for a trial on the court docket. The clerk of the municipal court shall notify the city attorney, the director, and the person who requested a hearing of the date, time, and location of such hearing. The city attorney or his designee shall cause to be prepared, filed, and served upon defendant a written complaint charging that the owner or occupant has violated this article. The hearing shall not be held earlier than the eleventh day after the date of service of the notice or the filing of the complaint by the city attorney or his designee.

(d)

The judge of the municipal court shall hear any case brought before the court pursuant to this article and shall determine whether the defendant is in violation of this article. At the trial, the junked vehicle is presumed to be inoperable unless otherwise demonstrated by the owner.

(e)

Upon a finding that the defendant is in violation of this article, the defendant is guilty of a misdemeanor as described in section 19-27. The judge of the municipal court further shall order the defendant to remove and abate the nuisance within ten (10) days and thereafter allow the city to take possession of the junked vehicle or vehicle parts, remove it from the property and dispose of it if the defendant refuses or fails to do so.

(f)

Any order requiring the removal of a junked vehicle or part thereof shall include a description of the junked vehicle, and the correct identification number and license number of the junked vehicle, if available at the site.

(Ord. No. 2009-9065, § 1, 4-23-09)