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Ordinance 2338-98
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Ordinance 2338-98
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3/20/2014 4:02:40 PM
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Ordinances
Ordinance Number
2338-98
Date
9/30/1998
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by the code compliance officer certified mail, with a five-day return receipt requested. <br /> Proof of service shall be made by a written declaration under penalty of perjury by the <br /> person effecting the service, declaring the time and date of service and the manner by <br /> which service was made. <br /> D. The violation citation shall contain substantially the following information: <br /> 1. The name and address of the person to whom the citation is issued; <br /> 2. The location of the subject property by address or other description sufficient <br /> for identification of the subject property; <br /> 3. A description of the vehicle and its location, and the reasons for which the <br /> City deems it to be a public nuisance in violation of this ordinance; <br /> 4. A description of the corrective action necessary to eliminate the violation; <br /> 5. The date by which the corrective action must be completed to avoid a hearing <br /> before the violations hearing examiner; <br /> 6. The date and time of the hearing before the violations hearing examiner; <br /> 7. A statement that the person(s) to whom the citation is issued may avoid the <br /> hearing before the violations hearing examiner by completing the corrective <br /> action to be taken by the date set forth in the citation; <br /> 8. A statement that if any of the persons to whom the violation citation is issued <br /> wishes to contest the violation, they must attend the hearing as noted in the <br /> violation citation; <br /> 9. A statement that if the persons to whom the violation citation is issued fail to <br /> complete the corrective action by the date required or appear at the hearing, <br /> the City or its designee shall remove, impound and dispose of the vehicle, and <br /> will assess all costs of administration and removal against the owner of the <br /> property upon which the vehicle is located or otherwise attempt to collect such <br /> costs from the owner of the vehicle; and <br /> 10. A statement that the owner of the land upon which the vehicle is located may <br /> provide a written statement in time for consideration at the hearing and deny <br /> responsibility for the presence of the vehicle on the land,with his or her <br /> reasons for the denial, as provided in Section 5 of this ordinance. <br /> Section 5: Hearing <br /> Hearings on contested violation citations shall be held in accordance with the provisions <br /> set forth in Chapter 1.20 EMC and the violations hearing examiner shall have the same <br /> powers as set forth therein. The owner of the land on which the vehicle is located may <br /> appear in person at the hearing or present a written statement in time for consideration at <br /> the hearing, and deny responsibility for the presence of the vehicle on the land,with his <br /> or her reasons for the denial. If it is determined at the hearing that the vehicle was placed <br /> on the land without the consent of the landowner and that he or she has not subsequently <br /> acquiesced in its presence, then the violations hearing examiner shall not assess costs of <br /> administration or removal of the vehicle against the property upon which the vehicle is <br /> located or otherwise attempt to collect the cost from the property owner. <br /> 3 <br />
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