Section 9.76.040 Abatement of nuisance.

A. Notice to Remove. Whenever it comes to the attention of any Zoning Enforcement Officer that a nuisance as defined in Section 9.76.030 exists in Vernal City, a notice in writing shall be served upon the occupant, then upon the owner or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter.

B. Responsibility for Removal. Upon proper notice and opportunity to be heard, the owner shall be responsible for its removal. In the event of removal and disposition by the City, the owner shall be liable for all of the expenses incurred.

C. Notice of Procedure. Any Zoning Enforcement Officer shall give notice of removal to the owner at least ten (10) days and not more than thirty (30) days before the time for compliance. It shall constitute sufficient notice when a copy of the same is posted in a conspicuous place upon the private property on which the vehicle is located and duplicate copies are sent by registered mail to the owner at his last known address.

D. Content of Notice. The notice shall contain the request for removal within the time specified in this chapter, and the notice shall advise that upon failure to comply with the notice to remove, the City or its designee shall undertake removal with the cost of removal to be levied against the owner.

E. Request for Hearing. The persons to whom the notices are directed, or their duly authorized agents may file a written request for hearing before the City Council of Vernal City or its designee within the period of compliance prescribed in subsection C of this section for the purpose of defending the charges by the City.

F. Procedure for Hearing. The hearing shall be held as soon as practicable after the filing of the request and the persons to whom the notices are directed shall be advised of the time and place of the hearing at least seven (7) days in advance thereof. At any such hearing the City and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.

G. Removal of Motor Vehicle from Property. If the violation described in the notice has not been remedied within the period of compliance, or in the event that a notice requesting a hearing is timely filed, a hearing is had, and the existence of the violation is affirmed by the Council of Vernal City or its designee, and the violation described has not been remedied within seven (7) days of such hearing, the Chief of Police or his designee shall have the right to take possession of the junked motor vehicle and remove it from the premises. It is unlawful for any person to interfere with, hinder or refuse to allow such person or person to enter upon private property for the purpose of removing a vehicle under the provision of this chapter.

H. Notice of Removal. Within forty-eight (48) hours of the removal of such vehicle, the Chief of Police shall give notice to the registered owner of the vehicle, if known, and also to the owner that the vehicle has been impounded and stored for violation of this chapter. The notice shall give the location of where the vehicle or vehicles, are stored, and the costs incurred by the City for removal.

I. Disposition of Vehicles. Upon removing a vehicle under the provisions of subsection G of this section, the City shall after ten (10) days cause it to be appraised. If the vehicle is appraised at seventy-five (75) dollars or less, the Chief of Police shall execute an affidavit so attesting and describing the vehicle, including the license plates, if any, and stating the location and appraised value of the vehicle. The Chief of Police, after complying with the preceding, may summarily dispose of the vehicle to any wrecking yard or make any other disposition and execute a certificate of sale. If the vehicle is appraised at over seventy-five (75) dollars, the Chief of Police shall give notice of public sale not less than thirty (30) days before the date of the proposed sale.

2. A description of the vehicle including, if possible, the make, model, license number and any other information which will accurately identify the vehicle;

K. Public Sale. The vehicle shall be sold to the highest and best bidder. At the time of payment of the purchase price, the Chief of Police shall execute a certificate of sale in duplicate, the original of which is to be given to the purchaser, and the copy thereof to be filed with the City. Should the sale for any reason be invalid, the City's liability shall be limited to the return of the purchase price.

L. Redemption of Impounded Vehicles. The owner of any vehicle seized under the provisions of this chapter may redeem such vehicle at any time after its removal but prior to the sale or destruction there of upon proof of ownership and the payment to the City of such sum as may be determined and fixed for the actual and reasonable expense of removal, and any prelimi-nary sale advertising expense plus the actual cost of towing and storage.

M. Liability of Owner or Occupant. Upon the failure of the owner or occupant of property on which abandoned vehicles have been removed by the City to pay the unrecovered expenses incurred by the City in such removal, a lien may be placed upon the property for the amount of such expenses and filed with the county recorder. (Ord. 90-12 § 5; as amended during 1993 recodification)