Chapter 8.10 NUISANCES

“Abandoned premises” means a chronically vacant parcel of land, as indicated by, but not limited to, the lack of utilities or delinquent taxes, with or without a structure, whose owner has neglected the responsibility of physical upkeep.

“Department” refers to the Department of Code Enforcement, which shall have the responsibility of administering this article. It may also refer to the Vanderburgh County Health Department and Building Commissioner, Department of Metropolitan Development and the Evansville Police Department.

“Harmful chemicals” refers to a substance, which if spilled, released, or allowed to escape into the air, water, or soil might damage the environment or endanger the health of the public. Harmful chemicals shall include but not be limited to petroleum products, chlorine, acids, bases, and other chemicals whose release or improper storage may cause or increase the likelihood of damage or harm to the environment or the public or personal health.

“Hearing authority” shall mean the person designated as such by the Mayor under authority of IC 36-7-9-2.

“Nuisance” means a condition or activity which endangers the health, safety, or welfare of the public or of any individual; causes injury to property; or interferes with an individual’s possession or ordinary use or enjoyment of his property.

“Owner” refers to the owner of record, as found in the records of the Recorder of Vanderburgh County.

“Owner’s address” refers to the most recent mailing address of the owner and being that address to which the County Treasurer sends tax duplicates.

“Person responsible for a nuisance” means a person whose activity is a nuisance, or on whose property a condition which is a nuisance exists.

“Rank vegetation” refers to plant growth, which is or may be harmful to the senses, health, or well-being of citizens of the City.

“Removal” refers to activities required for the concentrating, collecting, loading, hauling, and disposal of trash and debris in a licensed sanitary landfill.

“Solid waste” means all putrescible and nonputrescible solid and semisolid waste. It includes trash and debris, rubbish, ashes, street cleanings, dead animals, offal, and solid commercial, industrial, and institutional wastes.

“Substantial property interest” refers to any right in real property that may be affected in a substantial way by actions authorized by this section. Due to the nature of actions which are authorized by this section, the rights that may be affected in a substantial way shall include a fee interest, a present possessory interest, or an equitable interest of contract purchaser. The interest reflected by a deed, lease or land sale contract is not a substantial property interest unless evidence of it is:

(1) Recorded in the office of the Recorder of Vanderburgh County; or

(2) The subject of written information that is received by the department and includes the name and address of the holder of the interest described.

“Trash and debris” refers to combustible and noncombustible waste materials. Herein the term shall include the animal and vegetable waste resulting from handling, preparation, cooking and consumption of food; the residue from burning any combustible material; paper; rags; wood; lumber not stacked and elevated 18 inches, protected from rain, and free of insects and rodents; tree branches and yard wastes (unless these materials are being incorporated into a properly managed, ongoing, permitted (if required) composting operation); tin cans; metals; household goods including but not limited to mattresses, furniture, major appliances, clothing, and other household items not intended for exposure to rain and other inclement weather; harmful chemicals; and any other material which creates a nuisance.

“Weeds” refers to any growth of vegetation, other than trees, bushes, shrubs, ornamental plants, or agricultural plants cultivated in an orderly manner for the purpose of producing food. Notwithstanding the foregoing, trees, bushes, shrubs, or agricultural plants, which have sprouted as volunteers and are growing along fence lines and public rights-of-way, shall be considered to be weeds. [Ord. G-2008-28 § 9, passed 12-10-08; Ord. G-2006-8, passed 4-12-06; Ord. G-74-23, passed 5-5-74. 1962 Code, Art. 2, Ch. 18, § 1; 1982 Code § 94.01; 1983 Code § 9.94.01.]

8.10.020 Procedure of the Board of Public Safety – Penalty.

Repealed by Ord. G-2008-28. [Ord. G-2006-8, passed 4-12-06; Ord. G-85-62, passed 12-2-85; Ord. G-74-23, passed 5-5-74. 1962 Code, Art. 2, Ch. 18, §§ 2, 3; 1982 Code § 94.02; 1983 Code § 9.94.02.]

8.10.030 Trash and debris.

(A) Maintaining Trash and Debris. It shall be a violation of this code for the owner, or anyone having a substantial property interest in real property, including open or vacant property within the City limits, to deposit or allow to remain on that real property any trash and debris, as defined in EMC 8.10.010, which items might provide food or harborage for insects, rodents, or pests; pose a fire safety hazard; or pose a nuisance.

(B) When a complaint alleging a violation of this chapter is received by the department from any person, or through its own employees, if it is determined that an inspector needs to enter the property to complete an inspection, the department shall seek approval, through an administrative search warrant (see IC 36-7-9-16) or other court order, from a court of law to enter onto any occupied property and make an inspection if the owner or other person in control of the property does not voluntarily give permission to enter the property to make the inspection. The search shall be limited to the places pertinent to the complaint or as outlined in the inspection warrant. No such administrative search warrant or other court approval shall be necessary if the inspection can be made from a public sidewalk, street, alley or other public place or from adjoining property with that owner’s permission, or if the premises is abandoned. The department shall document any trash and debris violation as outlined in EMC 8.10.010 and issue an order to the owner to remove the trash and debris within 10 calendar days. The order becomes final 10 days after notice is given unless the owner, or other person holding a substantial interest in the property, requests a hearing in writing and the written request is delivered to the department before the end of the 10-day period. If a hearing is held, the owner or other interested party holding a substantial interest in the property may appeal the decision of the hearing authority as outlined in IC 36-7-9-8, and as amended from time to time, to the Circuit or Superior Court of Vanderburgh County within the time limits provided in said statute. If this matter is taken to a court, the City may recover its costs and expenses, a fine, as well as all amounts allowed by law and this municipal code.

(C) Every person, owner, operator, or proprietor of a commercial restaurant, bar, night club, convenience store, beverage and snack stand/kiosk, coffee shop, or fuel station in the City shall:

(1) Keep the property, including any area adjacent to and surrounding the main building, clear and free of litter and trash; and

(2) Provide, or cause to be provided, suitable receptacles for garbage and trash placed at a location most convenient for patrons and customers of such establishments.

(D) For purposes of this chapter and IC 36-7-9-4, the City now finds that a violation of this section constitutes an unsafe premises by being a fire hazard, and/or a hazard to the public health, and/or a public nuisance, and/or a danger to a person or property. [Ord. G-2017-18 § 1, passed 8-15-17; Ord. G-2008-28 §§ 11, 12, passed 12-10-08; Ord. G-2006-8, passed 4-12-06. 1983 Code § 9.94.03.]

8.10.040 Notice of violation, order and penalty.

(A) Notice to Owner – Content. For any property found to be in violation of EMC 8.10.030, the department shall issue a notice to the owner ordering the removal of the trash and debris within 10 calendar days. Said notice shall also state the amount of penalty included if the trash and debris is not removed from the premises within the 10 days. If the violation is corrected by the owner or other responsible party within 10 days, no further action will be taken and no penalty imposed. The owner or other responsible party shall correct the violation or request a hearing within 10 days of the date of service. The request for a hearing must be in writing, addressed to the department and delivered in person or by certified mail. The person notified shall also be informed that if the violation is not corrected within the 10 days and a hearing is not requested, the department shall have the trash and debris removed, either by its own workers and equipment or by a contractor hired by the department for this purpose. The monetary penalty, as well as the administrative cost incurred by the department in processing the matter, shall be added to the cost of removal. The owner shall also be notified that if the costs outlined above and authorized by law are not paid when due, they may be added to the property taxes and/or be a lien against the property.

The notice shall also state:

(1) The location of the violation;

(2) The nature of the violation;

(3) The time period for correcting the violation;

(4) The remedy the department may seek to abate the violation; and

(5) The name, address and telephone number of the person in the department to contact regarding the violation.

(B) Manner of Legal Service. Notice of orders, hearings and continuation of hearings shall be given in accordance with IC 36-7-9-25.

(C) Emergency Action. No section of this code shall prevent the department from executing emergency action as set forth in IC 36-7-9-9. [Ord. G-2008-28 §§ 13, 14, passed 12-10-08; Ord. G-2006-8, passed 4-12-06. 1983 Code § 9.94.04.]

8.10.050 Dumping of solid waste.

Repealed by Ord. G-2008-28. [Ord. G-2006-8, passed 4-12-06. 1983 Code § 9.94.05.]

8.10.060 Removal of trash and debris.

If the violation has not been abated by the owner, the department may abate the violation utilizing its own employees and equipment or a contractor engaged by the department pursuant to a bidding process. This bidding process may be for this property or a general bid for all such related activities within scope of the bid. All contractors hired by the department for the removal of trash and debris shall provide landfill receipts to the department upon completion of the removal process and prior to receiving compensation for the removal work. No claims for payment shall be accepted or processed until such time as the department is in receipt of said landfill receipts. All such disposal of materials shall be in accordance with State and local law. [Ord. G-2008-28 § 16, passed 12-10-08; Ord. G-2006-8, passed 4-12-06. 1983 Code § 9.94.06.]

8.10.070 Liability for costs incurred in abating the violation.

(A) When a violation of EMC 8.10.040 is abated by action of the department or its contractor under EMC 8.10.060, the owner(s) of record at the time the notice to remove trash and debris was sent is/are jointly and severally liable for the following costs:

(1) The actual cost of the work performed by the department or the bid price of work accomplished by a contractor under EMC 8.10.060.

(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the department in taking the technical, administrative, and legal actions concerning typical trash and debris violations that are necessary to remove trash and debris and that may be performed by the department or by a contractor under EMC 8.10.060. In calculating the amount of the average processing expense, the following costs may be considered:

(a) The cost of obtaining reliable information about the identity and location of the owner.

(b) The cost of preparing and mailing notices.

(d) The prorated cost of motor vehicle operating costs for department-owned vehicles or the cost of mileage for the use of employees’ private vehicles.

(e) The cost of supplies, equipment and office space.

(B) The Board of Public Works shall determine the amount of the average processing expense at a public hearing, after notice has been given in the same manner as is required for other official action of the board. In determining the average processing expense, the board may fix the amount at a full dollar amount that is an even multiple of five. [Ord. G-2006-8, passed 4-12-06. 1983 Code § 9.94.07.]

8.10.080 Bill for costs incurred in abating the violation.

(A) The department shall issue a bill to the owner of the real property for the costs incurred by the department in bringing the property into compliance with this chapter, including administrative costs, abatement costs, and the costs of any penalty.

(B) If the owner of the real property fails to pay such bill issued, the department shall, after 30 days, certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the municipal fund from which such costs were made.

(C) A property owner desiring to appeal the cost of removal of trash and debris shall petition the department in writing within 10 days of the date of the notice of cost of removal of trash and debris. The only bases for appeal which the department may consider include:

(1) The trash and debris was not removed from the property for which the notice was issued or was removed by the department or its agent before the 10 days’ notice required by EMC 8.10.040;

(2) The owner was not served legal notice of the violation; or

(3) The notification process was not completed properly.

The hearing authority shall consider such appeals and may adjust or waive said costs as individual circumstances may warrant. The decision of the hearing authority may be appealed within 10 days as provided in IC 36-7-9-8. [Ord. G-2006-8, passed 4-12-06. 1983 Code § 9.94.08.]

8.10.090 Violations and penalty.

(A) Violations. It shall be a violation of this article for any person to allow his property to be in a condition which is prohibited by EMC 8.10.030 or 8.10.050. Such person shall be subject to the procedures and penalties provided herein. If appropriate, the City may obtain an injunction or other appropriate order to correct or prevent another violation.

(B) Penalty.

(1) Any person who violates any provision of this chapter shall be subject to a civil penalty of $100.00 for the first violation in any calendar year, with the second violation during any calendar year carrying a civil penalty of $250.00, and the third and subsequent violations during any calendar year carrying a civil penalty of $500.00.

(2) A court of law may assess additional civil penalties of up to $5,000 against the owner for noncompliance.

(C) If a judgment is entered against a defendant in an action to enforce this chapter, the defendant may perform community restitution or service (as defined in IC 35-41-1-4.6) instead of paying the monetary judgment for the ordinance violation if:

(1) The defendant and the attorney for the City agree to the defendant’s performance of the community restitution or service instead of the payment of a monetary judgment;

(2) The terms of the agreement described in subsection (C)(1) of this section:

(a) Include the amount of the judgment the City requests that defendant pay under IC 34-28-5-4(e) for the ordinance violation if the defendant fails to perform the community restitution or service provided for in the agreement as approved by the court; and

(b) Are recorded in a written instrument signed by the defendant and the attorney for the City;

(3) The agreement is filed in the court where the judgment was entered; and

(4) The court approves the agreement.

If the defendant fails to comply with an agreement approved by a court hereunder, the court shall require the defendant to pay up to the amount of the judgment requested in the action under IC 34-28-5-4(e) as if the defendant had not entered into an agreement hereunder. This provision is adopted under and shall be construed consistent with IC 34-28-5-1(g). [Ord. G-2008-28 § 17, passed 12-10-08; Ord. G-2006-8, passed 4-12-06; Ord. G-92-30, passed 10-5-92. 1982 Code § 94.05; 1983 Code § 9.94.09.]

Cross-references: Animal nuisance, EMC 6.05.040; noise nuisance, Chapter 9.30 EMC; driveway or roadway construction a nuisance, EMC 12.05.240.

Article II. Abandoned Vehicles

8.10.100 Definitions.

The following words shall have the following meanings unless the context clearly indicates otherwise:

“Abandoned vehicle” means the following:

(1) A vehicle located on public property illegally including, but not limited to, a vehicle on a public street or right-of-way without proper registration or State license plate, or a vehicle illegally parked.

(2) A vehicle left on public property without being moved for 24 hours.

(3) A vehicle located on public property in such a manner as to constitute a hazard or obstruction to the movement of pedestrian or vehicular traffic on a public right-of-way.

(4) A vehicle that has remained on private property without the consent of the owner or person in control of that property for more than 48 hours.

(5) A vehicle from which the engine, transmission or differential has been removed or that is otherwise partially dismantled or inoperable and left on public property.

(6) A vehicle that has been removed by a towing service or public agency upon request of an officer enforcing a statute or an ordinance other than IC 9-13-2-1, if the impounded vehicle is not claimed or redeemed by the owner or the owner’s agent within 20 days after the vehicle’s removal.

(7) A vehicle that is at least three model years old, is mechanically inoperable, and is left on private property continuously in a location visible from public property for more than 20 days. For purposes of this subsection, a vehicle covered by a tarpaulin or other plastic, vinyl, rubber, cloth, or textile covering is considered to be visible.

“Officer” means a member of the Evansville Police Department, or a City Park Ranger.

“Public property” means property owned, leased, or otherwise under the control of a governmental entity including, but not limited to, public rights-of-way.

“Trailer” means a vehicle without motive power, designed for carrying persons or property and being drawn by a motor vehicle.

“Vehicle” means a device in, upon, or by which a person or property is, or may be, transported or drawn upon a highway. The term includes a trailer.

All other terms shall have the meaning provided in IC 9-22-1 et seq. [Ord. G-2021-16 § 1, passed 10-13-21; Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-98-28, passed 9-21-98; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.10; 1983 Code § 9.94.10.]

8.10.110 Adoption of State law.

Abandoned vehicles pose a threat to public health and safety. It is the purpose of this chapter to provide for the removal and disposal of abandoned vehicles. The City hereby in all respects adopts the powers and procedures for the removal, storage, disposal and impoundment of abandoned vehicles and parts as set forth in IC 9-22-1 et seq., and as those provisions may from time to time be amended by the legislature.

In addition, the City exercises its authority under Home Rule to supplement or clarify State law and procedure to effectuate the purposes of this chapter. [Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-98-28, passed 9-21-98; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.11; 1983 Code § 9.94.11.]

8.10.120 Responsibility and liability of owner.

The owner of an abandoned vehicle or parts is responsible for the abandonment and is liable for all of the costs incidental to the removal, storage, and disposal of the vehicle or the parts as authorized under IC 9-22-1 et seq., to the extent of the market value of the vehicle, for all costs incidental to the removal, storage, and disposal of the vehicle or parts. [Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.12; 1983 Code § 9.94.12.]

8.10.130 Powers of the Board of Public Safety.

The Board of Public Safety is hereby authorized to enter into towing contracts, employ personnel, and acquire equipment, property, and facilities, subject to appropriation, for the purpose of removal, storage, and disposition of abandoned vehicles and parts. [Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.13; 1983 Code § 9.94.13.]

8.10.140 Tagged abandoned vehicle or parts.

(A) An officer who finds or is notified of a vehicle or parts believed to be abandoned and, in his/her opinion, the market value of the abandoned vehicle or parts is at least $750.00 or more, the officer, before placing a notice tag on the vehicle or parts, shall make a reasonable effort to ascertain the person who owns the vehicle or parts or who may be in control of the vehicle or parts and notify him/her that the vehicle or parts are being tagged as abandoned. The officer shall attach in a prominent place a notice tag containing the following information:

(1) The date, time, officer’s name, public agency, and address and telephone number to contact for information.

(2) That the vehicle or parts are considered abandoned.

(3) That the vehicle or parts will be removed after:

(a) Twenty-four hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the State highway system under IC 8-23-4; or

(b) Seventy-two hours for any other vehicle.

(4) That the person who owns the vehicle will be held responsible for all costs incidental to the removal, storage, and disposal of the vehicle.

(5) That the person who owns the vehicle may avoid costs by removal of the vehicle or parts within:

(a) Twenty-four hours, if the vehicle is located on or within the right-of-way of an interstate highway or any highway that is designated as part of the State highway system under IC 8-23-4; or

(b) Seventy-two hours for any other vehicle.

(B) If in the opinion of the officer the market value of an abandoned vehicle or parts is less than $750.00 the officer can immediately dispose of the vehicle or parts to a storage yard. A copy of the abandoned vehicle report and photographs relating to the abandoned vehicle shall be forwarded to the bureau. A towing service may dispose of abandoned vehicle or parts not less than 30 days after the date on which the towing service removed the abandoned vehicle or parts. The agency disposing of the vehicle or parts shall retain the original records and photographs for at least two years. [Ord. G-2012-28 § 1, passed 12-19-12.]

8.10.150 Officer’s abandoned vehicle report; photographs.

If a vehicle or a part is tagged as being abandoned and it is not removed within the applicable period, the officer shall prepare a written abandoned vehicle report of the vehicle or parts, including information on the condition, missing parts, and other facts that might substantiate the estimated market value of the vehicle or parts. Photographs shall be taken to describe the condition of the vehicle or parts. [Ord. G-2012-28 § 1, passed 12-19-12.]

8.10.160 Bill of sale.

A purchaser shall be furnished a bill of sale for each abandoned vehicle sold by the Board of Public Safety. The fee for the bill of sale is $6.00. [Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.15; 1983 Code § 9.94.15. Formerly 8.10.150.]

8.10.170 Release to owner or lien holder.

If the properly identified owner or lien holder who has a valid driver’s license and shows proof of financial responsibility or insurance in accordance with State law appears at the site of storage before disposal of the vehicle or parts and pays all proper costs incurred against it at that time, then the vehicle or parts shall be released. The release must contain the owner’s or lien holder’s signature, name, address, vehicle or parts description, costs, and date of release. The towing service shall notify the appropriate public agency of all releases issued. IC 9-22-1-8. [Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.16; 1983 Code § 9.94.16. Formerly 8.10.160.]

8.10.180 Inapplicability of article.

This article does not apply to the following:

(A) A vehicle in operable condition specifically adapted or constructed for operation on privately owned raceways.

(B) A vehicle stored as the property of a member of the Armed Forces of the United States who is on active duty assignment.

(D) A vehicle located upon property licensed or zoned as an automobile scrap yard.

(E) A vehicle registered and licensed under IC 9-18-12 et seq. as an antique vehicle. [Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.17; 1983 Code § 9.94.17.Formerly 8.10.170.]

8.10.190 Abandoned vehicle account.

(A) There is hereby created a new account to be known as the “abandoned vehicle account.”

(B) The cost for removing and storing an abandoned vehicle or parts not claimed by the owner or lien holder shall be paid from the abandoned vehicle account.

(C) The proceeds from any sale of an abandoned vehicle or parts shall be credited against all costs incidental to the removal, storage, and disposal of the vehicle or parts. All proceeds from the sale of an abandoned vehicle or parts that are sold, including charges for bills of sale, and all monies received from an owner or lien holder for the cost of removal, storage of the vehicle or parts shall be deposited with the City Controller and placed in the abandoned vehicle account. [Ord. G-2012-28 § 1, passed 12-19-12; Ord. G-83-27, passed 7-25-83. 1982 Code § 94.18; 1983 Code § 9.94.18. Formerly 8.10.180.]

Article III. Outdoor Wood-Fired Boilers

8.10.230 Outdoor wood-fired boilers prohibited.

(A) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning:

“Outdoor wood-fired boiler” means a fuel-burning device designed:

(1) To burn primarily wood by hand-firing;

(2) Not to be located inside structures ordinarily occupied by humans; and

(3) To heat spaces or water by the distribution through pipes of a fluid heated in the device. Such fluid is typically water or a mixture of water and anti-freeze.

Examples of common uses include, but are not limited to, residential or commercial space heating, heating of domestic hot water, or heating of water for swimming pools, hot tubs, or whirlpool baths.

(B) Prohibition. It shall be a violation of this section to have installed, install, use or permit the use of an outdoor wood-fired boiler after the effective date of the ordinance codified in this section. Outdoor wood-fired boilers installed or operating prior to the effective date of the ordinance codified in this section shall be exempted from this prohibition so long as the following criteria are met:

(1) Documentation is available to verify the date of installation;

(2) The outdoor wood-fired boiler is intended to serve a single-family dwelling;

(3) Complies with all applicable laws;

(4) Does not create a public nuisance, as defined in this chapter;

(5) Is installed in compliance with the municipal building codes pertaining to the installation of any primary home heating source;

(6) Is installed and operated in compliance with manufacturer’s specifications; and

(7) Uses only dry seasoned wood. No other materials may be burned.

(C) Penalty. There is hereby imposed a fine of $50.00 per violation of this section. Each day of use of a wood-fired boiler operated in violation of this section shall constitute a separate violation. In addition to the monetary fine, the City may enforce this section by obtaining an injunction or other court order directing the removal of the wood-fired boiler or ordering the owner or other person not to operate the device. [Ord. G-2006-16, passed 9-15-06. 1983 Code § 9.94.60.]

Article IV. Nuisance Vehicles

8.10.310 Definitions.

The following definitions apply to this article:

“City” means the City of Evansville, Indiana, or, as appropriate, its employees, officers, agents, consultants, or contractors acting under and within the scope of authority of the City to carry out and enforce the provisions of this code.

“Municipal Code” means the code of ordinances of the City of Evansville, Indiana.

“Notice” means either a written document provided to the operator of the vehicle by personal service or a written document served upon the owner of a vehicle by mail. An operator or owner may not waive their right to notice as defined in this paragraph.

“Nuisance” means any violation of this article.

“Operator” means a person in possession of the vehicle at the time a nuisance occurs.

“Owner” means any person who, alone, jointly or severally with others, shall have title to the vehicle with or without having actual possession.

“Police Department” means the Evansville Police Department. [Ord. G-2017-32 § 1, passed 11-14-17.]

8.10.320 Policy.

A motor vehicle, operated with the permission, expressed or implied, of the owner, which is used in the commission of an act where the operator is charged with any misdemeanor or felony may be subject to seizure and impoundment under this article. The owner is considered to have committed a nuisance in violation of this article regardless of whether the misdemeanor or felony arrest of the operator is custodial. [Ord. G-2017-32 § 1, passed 11-14-17.]

8.10.330 Notice of violation and administrative fee.

(A) The Police Department shall present a copy of the nuisance determination to the operator of such vehicle if the operator is the owner. If the vehicle owner is not present, notice shall be mailed to the owner.

(B) When the Police Department orders that a vehicle be towed within the corporate limits of the City, the designated towing service authorized to tow the vehicle shall assess against the owner of the towed vehicle a City administrative fee of $100.00 which shall be collected in addition to any and all other applicable towing charges.

(C) In addition, the designated towing service shall be authorized to assess against the owner of the towed vehicle a towing administrative fee of $25.00 which shall be collected in addition to any and all other applicable towing charges.

(D) The administrative fees authorized by this section shall be itemized within the towing bill assessed by the designated towing service and collected by the designated towing service as part of the towing bill.

(E) The owner shall be liable for payment for the towing bill before such vehicle shall be released by the designated towing service.

(F) The City administrative fee authorized by subsection (B) of this section shall be forwarded by the designated towing service to the Police Department within 30 days of collection. The Police Department will then remit the City administrative fee to the City Controller’s Office, who shall deposit the City administrative fee into the general fund for appropriation. The towing administrative fee authorized by subsection (C) of this section shall be retained by the designated towing service. If the designated towing service is unable to collect the City administrative fee due to a vehicle being unclaimed by the owner of record, it is not liable for providing the uncollected fee to the Police Department. [Ord. G-2017-32 § 1, passed 11-14-17.]

8.10.340 Appeal of notice of violation.

(A) Any vehicle owner receiving a notice of a nuisance determination from the Police Department may appeal in writing within 10 days from the date of the notice of violation by filing an appeal with the Police Chief or his designee. Appeals will be heard by the Board of Public Safety within 30 days from the date of receipt of the notice of appeal and the decision of the Board of Public Safety shall be final.

(B) Upon appeal, the Board of Public Safety may reverse, affirm, or modify the nuisance determination. For this purpose, the Board of Public Safety has all the powers of the official, officer, or body that issued the nuisance determination.

(C) At said appeal hearing, the Board of Public Safety shall determine whether probable cause exists to believe that a violation of this article occurred. Evidence of a determination in the related criminal matter may be considered by the Board of Public Safety, but is not necessary for it to reach a decision regarding the operator’s violation of this article.

(D) If the owner prevails on its appeal to the Board of Public Safety, the City administrative fee shall be refunded to the owner via the Controller’s Office within 60 days thereafter, and the designating towing service shall refund the towing administrative fee directly to the owner within the same 60-day period. [Ord. G-2017-32 § 1, passed 11-14-17.]